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HomeMy WebLinkAbout2017-04-17 Agenda Packet FRED A. WILSON City Manager MICHAEL E. GATES City Attorney ROBIN ESTANISLAU City Clerk ALISA CUTCHEN City Treasurer AGENDA Monday, April 17, 2017 CITY COUNCIL/PUBLIC FINANCING AUTHORITY CITY OF HUNTINGTON BEACH 4:00 PM - Study Session 6:00 PM - Regular Meeting Council Chambers - 2000 Main Street Huntington Beach, CA 92648 http://www.huntingtonbeachca.gov MAYOR AND CITY COUNCIL BARBARA DELGLEIZE Mayor MIKE POSEY PATRICK BRENDEN Mayor Pro Tem Councilmember JILL HARDY WILLIAM O’CONNELL Councilmember Councilmember ERIK PETERSON LYN SEMETA Councilmember Councilmember MEETING ASSISTANCE NOTICE - AMERICANS WITH DISABILITIES ACT In accordance with the Americans with Disabilities Act the following services are available to members of our community who require special assistance to participate in City Council meetings. If you require special assistance, 48-hour prior notification will enable the city to make reasonable arrangements. To make arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas, please contact the City Clerk’s Office at (714) 536-5227, or request assistance from the Sergeant-at-Arms at the meeting. CITY COUNCIL/PUBLIC FINANCING AUTHORITY The City Council/Public Financing Authority of the City of Huntington Beach will regularly convene in joint session on the first and third Monday of each month for the purpose of considering agenda items. The Huntington Beach Successor Agency, Housing Authority, Parking Authority and Civic Improvement Corporation are also agencies on which the Council serves as members. On each agenda these agencies may have items scheduled. CITY COUNCIL AGENDA The City Council agenda and supporting documentation is made available for public review during normal business hours in the Office of the City Clerk, 2000 Main Street immediately following distribution of the agenda packet to a majority of the City Council. Packet delivery typically takes plan on W ednesday afternoons prior to the regularly scheduled meeting on Monday. The agenda packet is posted on the city’s website at http://www.huntingtonbeachca.gov/Government/agendas/. Questions on agenda items may be directed to the City Clerk’s Office at (714) 536-5227. AUDIO/VIDEO ACCESS TO CITY COUNCIL MEETINGS City Council meetings are televised live on cable TV Channel 3, and can be viewed via live or archived web cast at http://www.huntingtonbeachca.gov/Government/agendas/. SUPPLEMENTAL COMMUNICATION Staff and members of the public have the opportunity to submit information related to an agenda item following distribution of the agenda packet to the City Council. This information is identified as “Supplemental Communication” and is assembled into a packet by the City Clerk on the day of the City Council meeting. The Brown (Open Meetings) Act requires that copies of Supplemental Communication be made available to the public immediately upon distribution of material to a majority of the City Council. Communication received by any individual at the meeting will be made available to the public in the City Clerk’s Office the following morning. AWARDS AND PRESENTATIONS Awards, presentations, and proclamations made by the Mayor on behalf of the City. The Public Information Office coordinates the arrangements with the Mayor and submits a list of presentations through the City Manager’s Office. WEB ACCESS: **REMINDER** Live Broadcast and audio and video archives can be accessed at http://huntingtonbeach.granicus.com As a courtesy to those in attendance, please silence your cell phones and pagers HB -1- PUBLIC COMMENTS This is the time of the meeting for the City Council to receive comments from the public regarding items of interest or agenda items not scheduled for Public Hearing. Pursuant to the Brown (Open Meetings) Act, the City Council may not enter into discussion regarding items not on the City Council agenda. Members of the public who wish to speak to a member of the Council on an item not on the agenda may consider setting up an individual appointment by contacting the Council's Administrative Assistant at 714-536-5553. The following statement applies to any public exchange of comments during City Council meetings: “The City Council strives to treat members of the public with respect. Comments or concerns provided by the public shall be done in a civil and respectful manner. Any public comments that are discriminatory, defamatory or otherwise not protected speech, whether as to race, religion, disability, sexual orientation, or any other protected classification, will not be considered by the City Council and may be a basis for the Mayor to interrupt the public comment. In addition, any such public comments will not be consented to, agreed to, ascribed to, or otherwise adopted by the City Council in its considerations, deliberations, discussions, and findings regarding any matter before it tonight. The City Council provides this public opportunity for free speech, but the City Council categorically rejects comments from anyone, including the public, that are of a discriminatory nature, and such comments will not inform the City Council’s decision.” To participate in Public Comments, pink Request to Speak forms are available at the Chambers entrance and are collected by the Sergeant at Arms. Each speaker is allowed 3 minutes, and time may not be donated to another speaker. COUNCIL COMMITTEE / APPOINTMENTS / LIAISON REPORTS AND ALL AB 1234 DISCLOSURE REPORTING This agenda item allows Councilmembers to make announcements regarding Council committees, appointments or liaison reports, and all individuals as appropriate to disclose any conferences, training, seminars, etc. attended at the Agency’s expense, per Government Code §53232.3(d). Lists of the conferences, training, seminars, and other activities generally attended by the City Council, City Manager, City Attorney, City Clerk, and City Treasurer are included as appendices to the City Budget. The budget is available on the city’s website at http://www.huntingtonbeachca.gov/Government/budget_information/. Exceptions to these lists have been submitted as a report to the City Clerk for inclusion in the record of this meeting.. PUBLIC HEARING Public Hearings allow citizens to speak in favor or against specific items brought to Council by staff. Staff may provide a presentation. The Mayor will open the Public Hearing to receive comments on that specific item. Upon hearing all public comments, the Mayor will close or continue the Public Hearing. Council may then decide to engage in discussion and/or take action on the item. To participate in a Public Hearing, green Request to Speak forms are available at the Chambers entrance and are collected by the Sergeant at Arms. ADMINISTRATIVE HEARING Administrative Hearings required by Huntington Beach Municipal Code Section 1.18 entitle only affected property owners to speak on a respective item. To participate in the Administrative Hearing, blue Request to Speak forms are available at the Chambers entrance and are collected by the Sergeant at Arms (the Police Officer located near the speakers’ podium). CONSENT CALENDAR Consent Calendar items are considered routine items that do not normally require separate consideration. The City Council/Public Financing Authority usually makes one motion for approval of all the items listed under this section. However, Council may remove an item from the motion for discussion purposes. ADMINISTRATIVE ITEMS Administrative Items are considered separately and require separate motions. These actions are normally of a non-routine nature, and frequently require a staff presentation. ORDINANCES Ordinances require two readings before the City Council. They are first introduced, and then adopted at a subsequent meeting. Ordinances typically become law thirty (30) days after adoption. However, an emergency ordinance may be adopted upon introduction, and is effective immediately. COUNCILMEMBER ITEMS This portion of the agenda is provided for Items of business presented by individual members of the City Council. HB -2- -1- City Council/PFA Agenda – Monday, April 17, 2017 FRED A. WILSON City Manager MICHAEL E. GATES City Attorney ROBIN ESTANISLAU City Clerk ALISA CUTCHEN City Treasurer AGENDA Monday, April 17, 2017 CITY COUNCIL/PUBLIC FINANCING AUTHORITY CITY OF HUNTINGTON BEACH 4:00 PM - Study Session 6:00 PM - Regular Meeting Council Chambers - 2000 Main Street Huntington Beach, CA 92648 http://www.huntingtonbeachca.gov MAYOR AND CITY COUNCIL BARBARA DELGLEIZE Mayor MIKE POSEY PATRICK BRENDEN Mayor Pro Tem Councilmember JILL HARDY WILLIAM O’CONNELL Councilmember Councilmember ERIK PETERSON LYN SEMETA Councilmember Councilmember 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, Peterson ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) STUDY SESSION 1. Citygate Associates to provide City Council an overview of the Standards of Cover Study and Evaluation of Fire, Rescue, and Emergency Services Delivery RECESS TO CLOSED SESSION Mayor Delgleize to Announce: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiator, City Manager Fred Wilson, who will be participating in today's Closed Session discussions regarding labor negotiations with: Huntington Beach Firefighters' Association (HBFA), Huntington Beach Police Officers' Association (POA), and/or Surf City Lifeguard Employees’ Association (SCLEA). CLOSED SESSION HB -3- -2- City Council/PFA Agenda – Monday, April 17, 2017 2. Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiators and Fred Wilson, City Manager regarding the following: Huntington Beach Firefighters’ Association (HBFA), Huntington Beach Police Officers’ Association (POA), and/or Surf City Lifeguard Employees’ Association (SCLEA). 3. Pursuant to Government Code §54956.9(d)(2) the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, Peterson PLEDGE OF ALLEGIANCE INVOCATION - Deacon Joe Sullivan of St. Bonaventure Catholic Church and member of the Greater Huntington Beach Interfaith Council In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS Mayor Delgleize to call on Victoria Alberty and Gisela Campagne to present the Adoptable Pet of the Month Mayor Delgleize to call on HBPD Chief Rob Handy to present the Mayor’s Award to Detective Lisa Gallatin Per Resolution 2016-01 Section C, Mayor Delgleize to call on City Clerk Robin Estanislau and Miss Huntington Beach Jena Farris who will preside over the lottery drawing for fireworks stands by selecting five qualified non-profit organizations from applications submitted in each of the following categories: Youth Sports and Civic Organizations. The winners of the five high school booths will also be announced. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) HB -4- -3- City Council/PFA Agenda – Monday, April 17, 2017 PUBLIC COMMENTS (3 Minute Time Limit) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT 1. Fire Department presentation on Community Emergency Response Team (CERT) Program CITY ATTORNEY'S REPORT 2. City Attorney’s filing of recent lawsuits involving the City of Huntington Beach CONSENT CALENDAR 3. Receive and file City Clerk's Quarterly listing of Contracts filed in the City Clerk's office between October 1, 2016, and December 31, 2016 Recommended Action: Receive and file the "List of Contracts Approved by Department Heads and Submitted to the Office of the City Clerk During the Period of October 1, 2016 through December 31, 2016." 4. City of Huntington Beach Strategic Plan Updates Recommended Action: Receive and File the Six-Month Strategic Objectives. 5. Accept the lowest responsive and responsible bid and authorize execution of a construction contract with the R.J. Noble Company in the amount of $1,349,347.30 for the Atlanta Avenue Rehabilitation and Indianapolis Avenue Rehabilitation Project, CC-1539 Recommended Action: A) Accept the lowest responsive and responsible base bid submitted by the R.J. Noble Company in the amount of $1,349,347.30; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. 6. Adopt Ordinance Nos. 4117, 4118, 4119, 4124 and 4129, amending the Huntington Beach Municipal Code to enhance law enforcement efforts to provide public safety and quality of life in Huntington Beach related to sidewalks, beach regulations, camping on public property, park regulations and refuse management, Approved for introduction April 3, 2017, Vote: 5-0-2 (O'Connell-Recused; Hardy-Out of Room) HB -5- -4- City Council/PFA Agenda – Monday, April 17, 2017 Recommended Action: A) Adopt Ordinance No. 4117, "An Ordinance of the City of Huntington Beach Amending Chapter 12.32 of the Huntington Beach Municipal Code Relating to Sidewalks;" and, B) Adopt Ordinance No. 4118, "An Ordinance of the City of Huntington Beach Amending Chapter 13.08 of the Huntington Beach Municipal Code Relating to Beach Regulations;" and, C) Adopt Ordinance No. 4119, "An Ordinance of the City of Huntington Beach Amending Chapter 13.10 of the Huntington Beach Municipal Code Relating to Camping on Public Property;" and, D) Adopt Ordinance No. 4124, "An Ordinance of the City of Huntington Beach Amending Chapter 13.48 of the Huntington Beach Municipal Code Relating to Park Regulations;" and, E) Adopt Ordinance No. 4129, "An Ordinance of the City of Huntington Beach Amending Chapter 8.21 of the Huntington Beach Municipal Code Relating to Refuse Management." PUBLIC HEARING 7. Approve Conditional Use Permit (CUP) No. 16-045 (HQ Gastropub) located at 155 Fifth Street, #183 (north side of Pacific Coast Highway between Fifth Street and Sixth Street – The Strand) and require compliance with all conditions of approval from Resolution No. 2013-24, Exhibit A Planning Commission and Staff Recommended Action Approve Conditional Use Permit No. 16-045 to reestablish a restaurant (HQ Gastropub), with on-site sales and consumption of alcohol in a vacant tenant space, and require compliance with all conditions of approval from City Council Resolution No. 2013-24, Exhibit A, including Condition No. 1, which requires the restaurant to close at 12:00 am midnight, with findings and conditions of approval. 8. Approve Entitlement Plan Amendment No. 16-007 (Black Bull Outdoor Dining Area Relocation) located at 300 Pacific Coast Highway, #112 (south side of Walnut Avenue between Main Street and 3rd Street – Pierside Pavilion) and require compliance with all conditions of approval from Resolution No. 2013-24, Exhibit B Planning Commission and Staff Recommended Action Approve Entitlement Plan Amendment No. 16-007 to amend Conditional Use Permit No. 06-020 to allow on-site sales and consumption of alcohol within a proposed 400-square-foot outdoor dining area adjacent to Walnut Avenue, and HB -6- -5- City Council/PFA Agenda – Monday, April 17, 2017 require compliance with all conditions of approval from City Council Resolution No. 2013-24, Exhibit A, including Condition No. 1, which requires the restaurant to close at 12:00 AM midnight, with findings and conditions of approval. COUNCILMEMBER ITEMS 9. Submitted by Councilmembers Peterson and Semeta - Approve a City position of Support on Legislation related to Pension Reform Recommended Action: Approve a City Position of Support on the following legislation pending before the State Legislature: Senate Constitutional Amendment 1: No Secure Choice Bailout SCA 1 would prohibit California taxpayer funds from being used to fund the newly created California Secure Choice Retirement Savings Program or cover any potential unfunded liabilities. Senate Constitutional Amendment 8: California Rule SCA 8 gives the legislature and public pension systems the ability to adjust public employees’ retirement benefit formulas on a prospective basis without impacting any benefits earned. Senate Constitutional Amendment 10: Pension Transparency SCA 10 will prohibit public employers from increasing retirement benefits for their employees without two-thirds voter approval. Senate Bill 32: Public Employees’ Pension Reform Act of 2018 SB 32 establishes the California Public Employees' Pension Reform Act of 2018 (PEPRA II) which continues substantial reform to California’s broken public employee pension system began in 2012. Senate Bill 454: Retiree Medical Healthcare Reform SB 454 will make reforms to retired state employee medical healthcare including requiring the Annual OPEB Cost be 100% funded; eliminate the Other Post-Employment Benefits 50/50 cost-share-split between the state and its employees, and require 100% of the benefit be paid by the state; and require all state employees to use the 80/80 formula for basic health benefit plan premiums. Senate Bill 681: Local Pension Control SB 681 will give local jurisdictions the ability to leave their contracts with the California Public Employees' Retirement System (CalPERS) for their HB -7- -6- City Council/PFA Agenda – Monday, April 17, 2017 employees’ retirement plans without being excessively charged or penalized. 10. Submitted by Councilmember O'Connell - Request to have a CalPERS representative present information at a Study Session regarding Unfunded Liabilities and increased cost projections Recommended Action: Request a CalPERS representative attend a Study Session to discuss current and future CalPERS obligations and the steps CalPERS is taking to enact legislative changes to address these ongoing fiscal concerns. COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, May 01, 2017, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov HB -8- City of Huntington Beach 4/17/2017 HB -9-Item 1. - 1 What is CERT? Community Emergency Response Team FEMA Endorsed Program Residents receive basic skills training to help their family and community in a disaster HB -10-Item 1. - 2 History Created in 1985 by the City of Los Angeles Huntington Beach CERT Huntington Beach CERT was Founded in 1991 Adopted nation-wide by FEMA in 2002HB -11-Item 1. - 3 What do they Learn Residents complete a 20-hour Course HB -12-Item 1. - 4 CERT Volunteer Program 20 Hour CERT Course Responder Course ICS Training ICS Training Shelter Training Background Check HB -13-Item 1. - 5 What do they do? Volunteers provide assistance with: Special EventsSpecial Events Emergency Responses Disaster Education HB -14-Item 1. - 6 CERT Mutual Aid Program Created in 2006 Standardizes equipment, training, and drills/exercisesdrills/exercises Mutual Aid Responses Promotes CERT County-WideHB -15-Item 1. - 7 2017 Spring CERT Class HB -16-Item 1. - 8 Dept. ID CK 17-001 Page 1 of 1 Meeting Date: 4/17/2017 Statement of Issue: The listed contracts are entered into by City Departments and consultant firms pursuant to the Huntington Beach Municipal Code. Funds are in the City budget. These contracts have been transmitted to the City Clerk for official filing for the public record. Financial Impact: No funds are required. Recommended Action: Receive and file the "List of Contracts Approved by Department Heads and Submitted to the Office of the City Clerk During the Period of October 1, 2016 through December 31, 2016." Alternative Action(s): Provide alternative direction to staff. Analysis: On November 15, 2001, the City Council established a policy to follow the administration of all contracts entered into between City Departments and consultant firms pursuant to Huntington Beach Municipal Code Chapter 3.03. Accordingly, Administrative Regulation No. 228, effective as of August 4, 2008, prescribes the policy regarding professional service contracts. This policy ensures public review of new contracts through identification on the Council agenda as required by section 6.4.1 of the policy. Attachment #1 is a list of Contracts entered into by City Departments and received in the City Clerk’s office for the fourth quarter of 2016. Environmental Status: Not applicable Strategic Plan Goal: Strengthen economic and financial sustainability Attachment(s): 1. “List of Contracts Approved by Department Heads and Submitted to the Office of the City Clerk During the Period of October 1, 2016 through December 31, 2016.” CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 4/17/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Robin Estanislau, CMC, City Clerk PREPARED BY: Robin Estanislau, CMC, City Clerk SUBJECT: Receive and file City Clerk's Quarterly listing of Contracts filed in the City Clerk's office between October 1, 2016, and December 31, 2016 HB -17-Item 3. - 1 Page 1 of 1 *This list includes all contracts received which are public records List of Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of October 1, 2016 through December 31, 2016 AGREEMENT DATE DEPARTMENT NAME OF CONTRACTOR AMOUNT PURPOSE EXPIRATION 10/01/2016 Police Legacy Inmate Communications City is paid commission on the monthly gross billable revenue generated by Contractor Installation and Maintenance of Inmate Telephones 10/01/2019 10/01/2016 Information Services CIT COM, Inc. $16,000 Comprehensive Needs Assessment for Police Dept 10/01/2017 10/3/2016 Fire NBS Government and Finance Group, dba NBS $9200 Ground Emergency Medical Transportation Cost Consulting Services 10/03/2017 10/04/2016 Public Works Merchants Landscape Services, Inc. $718,761 Park Landscape Service 10/01/2020 10/19/2016 Human Resources Dickerson Disability Consulting Services, Inc. $30,000 Disability Consulting Services 10/19/2019 10/14/2016 Police Man K-9, Inc. $16,080 Police Canine Maintenance Training in Patrol and Narcotic Detection 10/14/2017 10/27/2016 Finance Kronos $59,895 Upgrade Workforce Central 10/27/2017 11/01/2016 Public Works Evolution Landscaping, Inc. $152,976 Landscape Maintenance Service 10/01/2018 12/01/2016 Finance HDL Coren and Cone $82,500 Municipal Property Tax Audit Services 12/01/2019 12/20/2016 Finance Denovo Ventures, LLC Adding additional compensation of $30,000 for a total contract nte $70,000 As needed JDE system support services 11/02/2018 HB -18-Item 3. - 2 Dept. ID AD 17-010 Page 1 of 2 Meeting Date: 4/17/2017 Statement of Issue: In 2009, the City Council began an annual strategic planning process to develop consensus on a Mission Statement, Three-Year Goals, and corresponding Priority Strategic Objectives. In fulfilling this process, the City Council met on January 26, 2017, to review and update the Three-Year Goals and their Priority Strategic Objectives. At the February 21, 2017, City Council meeting, the City Council approved the Strategic Objectives as developed at the January 26th off-site session. The updated Six-Month Strategic Objectives Grid is attached. Financial Impact: Not Applicable Recommended Action: Receive and File the Six-Month Strategic Objectives Alternative Action(s): Reject the updates and direct staff accordingly. Analysis: At the City Council’s direction, a strategic planning process was undertaken to establish consensus on the City’s Core Values and Priority Strategic Objectives. This process is on-going and is a critical component of maintaining the City in a fiscally sustainable manner. On January 26, 2017, the City Council, City Manager, and Department Heads met in a public meeting to update the three- year goals and to come to consensus on new Six-Month Strategic Objectives. The City Council’s mission statement is as follows: “The City of Huntington Beach provides sustainable quality services to maintain and enhance our safe and vibrant community.” The Three-Year Goals are organized into five categories: • Improve quality of life • Enhance and maintain infrastructure • Strengthen economic and financial sustainability • Enhance and maintain public safety • Enhance and maintain City Service Delivery CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 4/17/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager SUBJECT: City of Huntington Beach Strategic Plan Updates HB -19-Item 4. - 1 Dept. ID AD 17-010 Page 2 of 2 Meeting Date: 4/17/2017 Each of these categories includes a list of six-month strategic objectives. Each month, Staff will provide the attached matrix with updated information on the status of the Six-Month Strategic Objectives. New to the process this year, the strategic objectives that gained consensus at the off- site session were agendized at a regular City Council meeting as an administrative item. The Council was asked to approve of the strategic objectives in this format to ensure public transparency and authorization for Staff to proceed on bringing forward each of the items. The strategic objectives were approved and each month Staff will provide the attached matrix with updated information on the status of the Six-Month Strategic Objectives. Environmental Status: N/A Strategic Plan Goal: Improve quality of life Attachment(s): 1. City of Huntington Beach Six-Month Strategic Objectives Grid (26 January 2017 through 31 July 2017) HB -20-Item 4. - 2 A C I T Y O F H U N T I N G T O N B E A C H S I X - M O N T H S T R A T E G I C O B J E C T I V E S January 26, 2017 – July 27, 2017 THREE-YEAR GOAL: IMPROVE QUALITY OF LIFE WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. May 15, 2017 -- City Council Study Session Community Services Dir., working with the Shipley-to-Shore Stakeholder Working Group Develop a report on a “Shipley to Shore” Trail System from Shipley Nature Center to PCH. X Report presented to City Council in a Study Session on March 20, 2017 2. April 1, 2017 June 5, 2017 City Manager Launch the Citizens’ Academy. X On Target. 3. June 1, 2017 Community Services Dir., in partnership with California State University Long Beach Develop a conceptual plan for Irby Park and present it to the Community Services Commission and the City Council for consideration. X Community Services Commission approved the conceptual plan on March 8 and City Council approved the conceptual plan on April 3, 2017. HB -21-Item 4. - 3 B THREE-YEAR GOAL: ENHANCE AND MAINTAIN INFRASTRUCTURE WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. April 1, 2017 Asst. City Mgr. and the Chief Information Officer Conduct a study session to review progress on the Broadband Initiative and on the use of streetlights for wireless communication. X Consultant (Jory Wolf) will give an update on the status of the Broadband initiative at the study session on April 17. 2. April 1, 2017 June 5, 2017 Community Services Dir., working with the Central Park Committee Identify and recommend projects within the provided budget for the infrastructure improvements to Central Park and present to the City Council for action. X Identified two priority projects at the March 8 Community Services Commission Central Park Sub-committee meeting. Will further refine costing and present to Council in May 3. June 1, 2017 Public Works Dir. Present to the City Council for consideration a Financial Plan to address the infrastructure needs as identified in the Water Master Plan. X Study Session is scheduled for June 19. HB -22-Item 4. - 4 C THREE-YEAR GOAL: STRENGTHEN ECONOMIC AND FINANCIAL SUSTAINABILITY WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. March 15, 2017 April 30, 2017 Asst. City Manager and the Dep. Dir. Economic Development Present to the City Council for consideration an Economic Development Implementation Plan for Business Retention, Attraction and Expansion. X Economic Development Implementation Plan Draft was presented at the February EDC meeting and is being reviewed by the City Council, Chamber of Commerce and several Departments. Will have final review at April EDC and then go to the City Council for adoption. 2. July 1, 2017 Dep. Dir. Economic Development, working with the Chief Financial Officer Identify and attract at least three new businesses to increase sales tax revenue X Newlight Technologies has signed a lease (manufacturing), working with former Sport Chalet on a new tenant. 3. July 1, 2017 -- As part of the FY 2017-2018 budget process Human Resources Dir. and Chief Financial Officer Develop funding plans to enhance the funded status of the city’s Workers’ Comp, Retiree Medical, and Retiree Supplemental Plans. X Recommendations will be provided in the context of the FY 2017/18 Proposed Budget. 4. July 15, 2017 Asst. City Manager – lead, Dep. Dir. Economic Development, and Councilmembers Billy O’Connell, Patrick Brenden and Lyn Semeta, in coordination with regional business partners Create a Business Incubator Implementation Plan that results in five new businesses by January 1, 2018. X Staff researched various Incubators framework and have visited two incubator sites. A meeting will be conducted with the City Councilmembers by the end of May. 5. July 15, 2017 Community Development Dir. Complete the draft comprehensive General Plan Update and draft Environmental Impact Report for distribution and public comment. X In progress - anticipate a May 2017 release of a draft for public comments. HB -23-Item 4. - 5 D THREE-YEAR GOAL: ENHANCE AND MAINTAIN PUBLIC SAFETY WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. May 1, 2017 Police Chief Complete a Gun Range Feasibility Study and present the findings and a recommendation to the City Council for action. X In progress. 2. May 15, 2017 Fire Chief, working with a consultant Complete and submit to the City Manager and City Council for review a Fire Standards of Cover and Staffing Report. X Report and recommendations will be considered at the April 17, 2017, City Council meeting. 3. June 1, 2017 Police Chief and Public Works Dir. Complete a Police Facility Needs Assessment and present the findings to the City Manager. X In progress. 4. July 15, 2017 Fire Chief Complete and present the findings of a Peak Load Staffing for Emergency Transport Services Feasibility Study and make a recommendation to the City Manager for consideration. X Preliminary staffing model has been drafted and is being reviewed by Fire Division Chief of Operations. Study remains on schedule for July completion. HB -24-Item 4. - 6 E THREE-YEAR GOAL: ENHANCE AND MAINTAIN CITY SERVICE DELIVERY WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. April 1, 2017 City Clerk and Chief Information Officer, with input from the City Attorney Recommend to the City Manager for action a Public Records Act (PRA) Management Process and identification of staff to appropriately respond to PRA requests in a structured format. X Contract execution in process; PRA product kick-off tentatively scheduled for April 26. 2. June 1, 2017 Chief Information Officer Recommend to the City Manager at least two options to implement a smart tool or mobile app that enhances online accessibility for current and new services. X Vendor of choice selected to build a mobile app that extends citywide services through mobile devices and ultimately replace Pipeline through phased approach. Staff completes contract paperwork in May 3. June 1, 2017 Chief Information Officer Present to the City Manager for action a recommendation to automate processing of citywide forms currently processed manually. X Staff identified the top 2 best product and will discuss funding source with Finance and City manager at the budget meeting 4. June 1, 2017 City Clerk – lead, Public Information Officer and Chief Information Officer Recommend to the City Manager for action at least two options for providing visitor assistance at the Huntington Beach Civic Center in either a virtual format and/or in person. X Meeting held with staff and PCTA on April 10 to discuss HB audio/visual needs, identify equipment ownership and the roles of parties involved in the Council Chamber Technology upgrade in 16/17 FY. Four Winds Technology scheduled to demonstrate interaction system 4/18. HB -25-Item 4. - 7 Dept. ID PW17-017 Page 1 of 2 Meeting Date: 4/17/2017 Statement of Issue: On March 28, 2017, bids were publically opened for the Atlanta Avenue Rehabilitation and Indianapolis Avenue Rehabilitation Project. City Council action is requested to award the construction contract to the R.J. Noble Company, the lowest responsive and responsible bidder. Financial Impact: Funding in the amount of $1,580,000 is included in the FY16-17 budget in the General Fund business unit 10040314 ($1,000,000) and in the FY16-17 Infrastructure Fund business unit 31490003 ($580,000). Recommended Action: A) Accept the lowest responsive and responsible base bid submitted by the R.J. Noble Company in the amount of $1,349,347.30; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, or provide staff with alternative action. Analysis: The project will rehabilitate Atlanta Avenue (Newland Street to Magnolia Street) and Indianapolis Avenue (Newland Street to Magnolia Street). The segments of Atlanta Avenue and Indianapolis Avenue were last rehabilitated in early 1980’s. Rehabilitation methods include grinding out and replacing failed asphalt concrete as well as standard overlay. Sewer manholes and water meter boxes and valves will be adjusted to grade. Areas of raised or settled curb, gutter and sidewalk will be replaced as necessary. The project is using a sustainable paving material which utilizes rubberized asphalt concrete (RAC) which contains crumb rubber derived from 100% California waste tire rubber. A two-inch layer of RAC uses over 2,000 waste tires per lane-mile. The project will divert more than 9,000 waste tires that would otherwise end up in a landfill. Including this project, the use of RAC in the rehabilitation CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 4/17/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with the R.J. Noble Company in the amount of $1,349,347.30 for the Atlanta Avenue Rehabilitation and Indianapolis Avenue Rehabilitation Project, CC-1539 HB -26-Item 5. - 1 Dept. ID PW17-017 Page 2 of 2 Meeting Date: 4/17/2017 of the City’s arterial streets has resulted in the diversion of over 305,000 waste tires. Reimbursement from the Cal Recycle Rubberized Asphalt Concrete (RAC) grant in the amount of $32,300 is anticipated. Bids were publicly opened on March 28, 2017, with the following results: BIDDER'S NAME BID AMOUNT (Amount Read at Bid Opening and Basis of Award) BID AMOUNT Correction Total Contract Amount The R.J. Noble Company $1,349,347.30 No Correction $1,349,347.30 All American Asphalt $1,421,157.90 No Correction $1,421,157.90 Hardy and Harper $1,444,000.00 No Correction $1,444,000.00 Excel Paving $1,459,994.05 No Correction $1,459,994.05 Sequel Contractors $1,496,405.00 No Correction $1,496,405.00 Griffith Company $1,692,850.00 $1,691,249.25 $1,691,249.25 Harry H. Joh Construction, Inc. $1,968,446.10 $1,931,038.10 $1,931,038.10 Future DB International $3,650,322.60 No Correction $3,650,322.60 The engineer’s estimate for the project is $1,500,000. Staff recommends awarding a contract to the R.J. Noble Company in the amount of $1,349,347.30. The R.J. Noble Company has provided acceptable street rehabilitation construction in the past year including the Main Street (Garfield Ave. to Delaware St.); Talbert Avenue (Gothard St. to Newland St.) and Heil Avenue (Goldenwest St. to Edwards St.). The total project cost is estimated to be $1,580,000, which includes the construction contract, project management, construction contingency, and supplementals (soils and materials testing, construction support services by outside firms, and additional engineering support). Public Works Commission Action: The Public Works Commission reviewed and approved CC-1539 on January 18, 2017, with a vote of 5-0-2 (Carr and Stanford-absent). Environmental Status: The project is categorically exempt pursuant to Class 1, section 15031c of the California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Project Location Map HB -27-Item 5. - 2 HB -28-Item 5. - 3 Dept. ID PD-17-002 Page 1 of 4 Meeting Date: 4/17/2017 Statement of Issue: The proposed amendments to the Huntington Beach Municipal Codes (HBMC) in part are intended to modernize existing rules, clarify definitions, and provide additional tools to maintain order and the quality of life in Huntington Beach. Transmitted for City Council consideration are amendments to five chapters of the HBMC and Resolution 2017-13 regarding camping on public property. Financial Impact: There is no fiscal impact. Recommended Action: A) Approve for introduction Ordinance No. 4117, “An Ordinance of the City of Huntington Beach Amending Chapter 12.32 of the Huntington Beach Municipal Code Relating to Sidewalks;” and, B) Approve for introduction Ordinance No. 4118, “An Ordinance of the City of Huntington Beach Amending Chapter 13.08 of the Huntington Beach Municipal Code Relating to Beach Regulations;” and, C) Approve for introduction Ordinance No. 4119, “An Ordinance of the City of Huntington Beach Amending Chapter 13.10 of the Huntington Beach Municipal Code Relating to Camping on Public Property;” and, D) Approve for introduction Ordinance No. 4124, “An Ordinance of the City of Huntington Beach Amending Chapter 13.48 of the Huntington Beach Municipal Code Relating to Park Regulations;” and, E) Approve for introduction Ordinance No. 4129, “An Ordinance of the City of Huntington Beach Amending Chapter 8.21 of the Huntington Beach Municipal Code Relating to Refuse Management;” and, F) Adopt Resolution No. 2017-13, “A Resolution of the City Council of the City of Huntington Beach Regarding the Administrative Procedure for the Removal of Unlawful Campsites, Bulky Items, and Personal Property.” CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 4/17/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Robert Handy, Chief of Police SUBJECT: Approve for introduction Ordinance Nos. 4117, 4118, 4119, 4124 and 4129, amending the Huntington Beach Municipal Code to enhance law enforcement efforts to provide public safety and quality of life in Huntington Beach related to sidewalks, beach regulations, camping on public property, park regulations and refuse management; and, adopt Resolution 2017-13 regarding camping on public property HB -29-Item 6. - 1 Dept. ID PD-17-002 Page 2 of 4 Meeting Date: 4/17/2017 Alternative Action(s): Do not approve the Ordinances and direct staff accordingly. Analysis: The Police Department and the City Attorney’s office have identified several sections of the Huntington Beach Municipal Code (HBMC) for consideration of amending to modernize and improve the effectiveness in enforcing the intent of the laws. The majority of the changes include clarifications of certain definitions or changes in numerical sequence of ordinances. Chapter 13.10 of the Municipal Code is recommended to be repealed and replaced with regulations that have withstood court challenge. Ordinance No. 4117 The proposed changes to Ordinance 4117 apply to codes related to sidewalks and will require the following sections to be renumbered: 12.32.015, 12.32.030, 12.32.045, 12.32.050, 12.32.060, 12.32.080, and 12.32,090. The language would remain the same; however, if the other changes are adopted as recommended, the numbers would need to change to stay in sequential order. Section 12.32.010 adds “public place” and “public way” under the definition section. This definition will be added to all applicable sections within Section 12.32.025. Of note, Section 12.32.110 is a new section which establishes conduct on public property, monuments, fountains, and lawns. This section would aid in regulating the misuse of fountains, bike racks, planters, fencing, trash cans, utility cabinets, railings and other public property. For example, downtown has been known to draw crowds during large specific events, after the nightly closure of bars, street fairs, and other unplanned activities. There have been occasions when persons use public property to gain an elevated platform for viewing, throwing of objects, street performing, skateboard jumps or other unintended uses that create a danger/liability or damage to City property. There have been several occasions where persons have used public fountains to bathe in or clean personal belongings. This section prohibits persons wading, bathing, swimming, or entering fountains or utilizing the fountains to clean objects or belongings. This section also prohibits persons from intentionally throwing or discharging an object or liquid in the downtown area from 100 Main Street to 500 Main Street that would adversely affect public safety. Section 12.32.010 currently prohibits the hindrance or obstruction of any public sidewalk. In addition to the new definition of public place or public way, the Police Department is recommending adding specific language to include the Pier, Pier Plaza, and the Civic Center. This change would increase areas where the Police Department could enforce the regulations regarding persons gathering in public areas that inhibit the free passage of others which has become problematic in downtown areas and other public places. The new section would be renumbered to 12.32.130. Ordinance No. 4118 The amendment to chapter 13.08, Beach Regulations, will include adding a new definition “Adjacent Beach Area” to provide regulatory authority in a new area that is outside the current Beach. All sections of Chapter 13.08 would include the new definition. HB -30-Item 6. - 2 Dept. ID PD-17-002 Page 3 of 4 Meeting Date: 4/17/2017 The proposed change would aid law enforcement by allowing for the laws pertaining to the Beach to be applied to a new defined area adjacent to the beach. The new area would encompass the waterline to the west curb line of PCH in our downtown area and add the strip of land owned and operated by the City south of Anderson Street and the property lines of South Pacific Avenue. There have been multiple citizen complaints in the areas of the beach service road, our beach parking lots, Pier Plaza, walkways, and grassy areas at or near the beach. By accepting the recommended change, the police department can uniformly enforce the laws as they pertain to the Beach and Adjacent Beach Area. This amendment would also update the definition of smoking to include e-cigarettes, vaping, or other lighted smoking products or equipment used to burn any tobacco products, weed, plants, or other combustible substance. This update is necessary to enforce the intended laws as they pertain to the current methods utilized to “smoke.” Ordinance No. 4119 Ordinance number 4119 relates to HBMC Chapter 13.10, Camping on Public Property. This recommendation of repealing the existing ordinance and replacing it with new language is to modernize the City’s rules and mirror an ordinance that has successfully withstood a legal challenge. The proposed camping ordinance will provide our staff with another tool to help alleviate camping issues in the City. Ordinance No. 4124 Ordinance number 4124 relates to HBMC Chapter 13.48, park regulations. Currently there is an ordinance that prohibits smoking on the beach. The recommended changes would prohibit smoking within our City parks as well. We receive many complaints about smoking in the parks. This change would provide us a tool to deal with those complaints and is congruent with many other regulations on smoking in many public places. Section 13.48.010 currently defines words associated with park rules. The recommended action is to add the definition of smoking to this chapter to include e-cigarettes and vaporizing. This definition is the same as defined in Chapter 13.08. This change is also consistent with many other regulations dealing with smoking and is necessary due to the changes of consumer habits. Section 13.48.115 recommended action prohibiting smoking at the Beach, Adjacent Beach Area, the Pier, Pier Plaza or Parks. Ordinance No. 4129 Ordinance number 4129 relates to refuse management per HBMC Chapter 8.21. The intent is to keep the existing language regarding trash disposal but add another section that specifically prohibits the discard of infectious waste including hypodermic needles, syringes, diapers, materials that have been infected with human or animal waste, contaminated materials exposed to infected materials and unused or unwanted prescription medications or controlled substances. These additional provisions will further define and enhance our ability to deal with particular problems encountered by our officers and the public in regard to waste. Environmental Status: None. Strategic Plan Goal: Enhance and maintain public safety HB -31-Item 6. - 3 Dept. ID PD-17-002 Page 4 of 4 Meeting Date: 4/17/2017 Attachment(s): 1. Ordinance No. 4117, “An Ordinance of the City of Huntington Beach Amending Chapter 12.32 of the Huntington Beach Municipal Code Relating to Sidewalks” 2. Ordinance No. 4118, “An Ordinance of the City of Huntington Beach Amending Chapter 13.08 of the Huntington Beach Municipal Code Relating to Beach Regulations” 3. Ordinance No. 4119, “An Ordinance of the City of Huntington Beach Amending Chapter 13.10 of the Huntington Beach Municipal Code Relating to Camping on Public Property” 4. Ordinance No. 4124, “An Ordinance of the City of Huntington Beach Amending Chapter 13.48 of the Huntington Beach Municipal Code Relating to Park Regulations” 5. Ordinance No. 4129, “An Ordinance of the City of Huntington Beach Amending Chapter 8.21 of the Huntington Beach Municipal Code Relating to Refuse Management” 6. Resolution No. 2017-13, “A Resolution of the City Council of the City of Huntington Beach Regarding the Administrative Procedure for the Removal of Unlawful Campsites, Bulky Items, and Personal Property” HB -32-Item 6. - 4 ORDINANCE NO. 4117 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 12.32 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO SIDEWALKS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 12.32 of the Huntington Beach Municipal Code is hereby amended to read as follows: Chapter 12.32 SIDEWALKS—OBSTRUCTING 12.32.010 Definitions The following words and phrases when used in Chapter 12.32, and any other Chapter or Section where these definitions are incorporated by reference, mean as follows: A. "Aggressive" means approaching, speaking to, or following a person in a nonconsensual, hostile, or forceful manner as would cause a reasonable person to fear harm or criminal conduct; or I. Touching another person without such person's consent in the course of asking, begging or soliciting alms; or 2. Continuing to ask, beg, or solicit alms from a person after such person has made a negative response or otherwise indicated a desire not to contribute; or 3. Intentionally blocking or interfering with the safe or free passage of the person solicited by any means, including causing such person to take evasive action to avoid physical contact or preventing such person from departing the location of the solicitation; or 4. Intentionally following the person solicited, without such person's consent, for the purpose of continuing to ask, beg or solicit alms after such person has made a negative response or indicated a desire not to contribute; or 5. Making any statement, gesture, or other communication which a reasonable person in the situation of the person solicited would perceive to be a threat of bodily harm; or 1 MV/MG:16-5399/152738.docirriv HB -33-Item 6. - 5 ORDINANCE NO. 4117 6. Rendering any service to a motor vehicle, including but not limited to any cleaning, washing, protecting, guarding or repairing of said vehicle or any portion thereof, without the prior consent of the owner, operator or occupant of such vehicle, and thereafter asking, begging or soliciting alms or payment for the performance of such service, regardless of whether such vehicle is stopped, standing or parked on a public street or upon other public or private property; or 7. Intentionally blocking, preventing, impeding or interfering with the free and unobstructed ability of the person solicited to enter into or emerge from any vehicle during the course of asking, begging or soliciting alms or following a negative response by the person solicited to any such solicitation; or 8. Intentionally blocking, preventing, impeding or interfering with the operation or movement of any vehicle operated or occupied by the person solicited, during the course of asking, begging or soliciting alms or following a negative response by the person solicited to any such solicitation. B. "Ask, beg, or solicit alms" includes the spoken, written, or printed word or such other act conducted for the purpose of obtaining an immediate donation of money or thing of value, whether for personal use, or as a charitable contribution to any individual or organization, or for any other purpose. C. "Beach" includes that strip of land owned and/or operated by the City of Huntington Beach, south of Warner Avenue, lying between Pacific Coast Highway and the mean high tide line of the Pacific Ocean. "Beach" also includes that portion of the State Beach (Bolsa Chica) which the City operates pursuant to an operating agreement with the State of California. "Beach" also includes that strip of land owned, controlled and/or operated by the City of Huntington Beach lying from and including Anderson Street to the north, Warner Avenue to the south, the mean high tide line of the Pacific Ocean and the west legal property line of adjoining residential properties which are on South Pacific Avenue, excluding the street appendages that extend west of South Pacific Avenue. D. "Beach Parking Lot" means roads, driveways or parking area to service the each, Pier or Pier Plaza, excluding those areas located on a street or highway. E. "Beach Service Road" means the paved roadway on the Beach that extends from Beach Boulevard to Seapoint Avenue running parallel to Pacific Coast Highway nearest to the shoreline of the Pacific Ocean. F. "City building" means any building which is owned or occupied by the City of Huntington Beach or any of its Departments and which is used for public purposes. 2 MWMG:16-5399/152738.doc/mv HB -34-Item 6. - 6 ORDINANCE NO. 4117 G. "Civic Center" means the area in the City of Huntington Beach, County of Orange bounded by Lake Street on the east, Yorktown Avenue to the north, Main Street on the west, Utica Avenue on the south, and Park Street on the east and south between Utica Avenue and Lake Street. H. "Downtown Huntington Beach" means Districts 1, 2, and 3 of the Huntington Beach Downtown Specific Plan, which are depicted below: 3 LAND USKS 5. DEV'EL.OPNIENT STANDARDS 3.3_1_ District • — CNowrotown Core fv1I.NocIA.SP Now, S.F Pm.. I IA. mg./NT...O'Dea PEACH DOWNTOWN SPS.C3FIc pl...Ah DOWNTOWN sP•cti-oL NLAN, T-S9 Octotwr :oil 3 - LAND USES Eln DEVELOPMENT STANDARDS 3.3.2. District 2 - Visltor-serving .1.19cong 1-40 17Wrice adap HUNTINGTON PEACH DOWNTOWN SPECIFIC PLAN NO. S 340 DOWNTOWN SPECIFIC PLAN ON0D•r 6, zoN 3 MV/MG: 16-5399/152738. doc/m v HB -35-Item 6. - 7 ORDINANCE NO. 4117 3 -LAND USES & DEVELOPMENT STANDARDS 3.3.3_ District 3 - Visitor-serving Recreation 1.0.mr• 2-03 Oda.. 3 MAO. HUNTINGTON BEACH DOWN tOwN SPECIFIC PLAN NO. S 1-70 DOWNTOWN SPILCIPIC PLAN Octobor s, polo 1. "Enclosed Area" means an area which is substantially surrounded by a fence, ditch, wall or other barrier so as to limit access to a relatively few points around the area. J. "Pier" means the appurtenance beginning at the intersection of Pacific Coast Highway and Main Street on the Beach, which is a platform extending into the Pacific Ocean and supported by piles or pillars. K. "Pier Plaza" means the developed area on the each immediately north and south adjacent to the Pier bounded by Pacific Coast Highway and the Beach Parking Lots adjacent thereto. L. "Public Place" means any of the following: 1. Any area inside a City or School District Building; 2. Any enclosed area outdoors which is owned or occupied by the City of Huntington Beach and used for public purposes, or which is owned or occupied by a public school district; 3. Any unenclosed area outdoors, whether such area is publicly or privately owned or occupied, to which the general public has access and to which, by right or by express or implied invitation, the general public may resort for business, pleasure, or other lawful purpose; this category includes, but is not limited to, publicly owned open areas such as streets, sidewalks, 4 MV/MG:16-5399/I52738.doc/mv HB -36-Item 6. - 8 ORDINANCE NO. 4117 parks, beaches, and open areas that may be either public or privately owned, such as entrance ways, alcoves, yards, and parking lots; 4. Any privately owned walkway, whether enclosed or unenclosed, which is open to the general public and which, among its principal purposes, serves to allow pedestrians to pass through or over the premises, without regard to the pedestrian's destination; 5. Outdoor parking lots, whether publicly or privately owned, which are adjacent to streets, sidewalks or other public places open to the general public. M. "Public Way" means any public place or portion of a public place which serves primarily for the movement of pedestrian, vehicular, or bicycle traffic from one area to another; "Public Way" includes, but is not limited to, streets, sidewalks, bicycle paths, covered or enclosed walkways for pedestrians, and the portions of the Pier and Pier Plaza set aside for pedestrian or vehicular traffic. N. "School district building" means any building which is owned or occupied by a public school district and which is used for public purposes. 0. "Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel. P. "Street" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Street includes highway. 12.32.020 Loitering, Obstructing Free Passage, And Sitting Or Lying Upon The Public Way Except as provided in Section 12.32.025 no person, after first being warned by a law enforcement officer, or where a sign or signs have been posted in accordance with this Chapter, shall loiter, stand, sit or lie in or upon any Public Way, including any sidewalk, street, curb, crosswalk, walkway area, mall or that portion of public or private property utilized for public use; neither shall any person block nor obstruct, nor prevent the free access to the entrance to any building open to the public. 12.32.025 Fourth Of July Parade Viewing A. No person shall place on any Public Way or Public Place, public property, furniture, stakes, rope, ribbon, signs or any other item used to reserve areas for parade viewing before 7:00 a.m. on July 3rd. B. No materials used to reserve areas of Public Way or Public Place shall block or interfere with pedestrian or vehicular traffic, or block those portions of sidewalks and streets used for the same prior to 6:00 a.m. on July 4th. 5 MV/MG:16-5399/152738.doc/mv HB -37-Item 6. - 9 ORDINANCE NO. 4117 C. Adhesive material, including adhesive tape, is prohibited for use in reserving space for parade viewing. This prohibition includes, but is not limited to, the use of tape or other adhesives on trees, poles and signs. D. No person shall sell, lease, or rent any seat or space Public Way. E. No person may use any area of the Public Way so as to interfere with any person's viewing of the parade from a City authorized and approved grandstand. F. All materials used to designate a private viewing area as described in this Section shall be removed by 3:00 p.m. on July 4th. 12.32.030 Animals Or Vehicles No person, after first being warned by a law enforcement officer, or where a sign or signs have been posted in accordance with the provisions of this chapter, shall ride, operate, walk or park any motorcycle, horse or other similar object or animal, in or upon any public or quasi-public sidewalk, street, curb, crosswalk, walkway area, mall or that portion of private property utilized for public use, so as to hinder or to obstruct the free passage of pedestrians thereon, or to create any hazardous condition thereon. 12.32.040 Signs Signs posted as provided in this Chapter shall conform to the following requirements: A. Each sign shall not be less than 22 by 30 inches; B. Colors of such signs shall be optional; C. All signs shall be clearly visible to persons in restricted locations; D. Signs shall have the word "WARNING" two inches in height, and all other lettering shall be at least 5/8 inches in height; E. Signs shall be posted every 100 feet; F. The following wording shall appear on each sign: WARNING Obstruction of pedestrian traffic in this area by persons loitering, standing, sitting, lying or by riding, operating, walking or parking any motorcycle, bicycle, horse or similar objects or animals is prohibited and punishable as a MISDEMEANOR. 6 MWMG:16-5399/152738.doc/mv HB -38-Item 6. - 10 ORDINANCE NO. 4117 12.32.050 Driving Over Unprotected Sidewalk No person shall drive any wagon or other vehicle over, along or across any cement or other improved sidewalk or curb unless planking is laid thereon in such manner as to protect such sidewalk or curb. 12.32.060 Paved Sidewalk Crossing Excepted The provisions of Section 12.32.050 shall not apply to the driving of vehicles over sidewalks or curbs at places where cement or asphalt crossings are constructed across such sidewalks and curbs. 12.32.110 Conduct On Public Property, Monuments, Fountains And Lawns No person, after having been notified by a law enforcement officer or private security officer that he or she is in violation of the prohibition in this Section, shall: A. Walk, stand, sit or lie upon any monument, vase, decorative fountain, drinking fountain, bike rack, trash receptacle, median, fire hydrant, street-tree planter, berm, utility cabinet, railing, fence, planter, or upon any other public property not designed or customarily used for such purposes; B. Walk, stand, sit or lie upon any public lawn or planted area which is posted with signs that forbid such conduct; or C. Walk, stand, lie or skateboard upon any public bench. D. No person shall bathe or wade in, swim, enter into, be present in, or remain in, any public fountain or fountain open to the public. No person shall willfully or knowingly permit any animal in his or her custody to bathe or wade in, enter into, be present in, or remain in any fountain. No person shall utilize the fountain water for cleaning of objects, belongings, or personal items. E. In Downtown Huntington Beach from 100 Main to 500 Main, no person shall intentionally throw, discharge, launch or spill any solid object (including but not limited to footballs, hacky sacks, baseballs, beach balls, Frisbees, or other similar devices) or liquid substance or otherwise cause any object or substance to be thrown, discharged, launched, spilled or to become airborne or otherwise risk touching hitting or causing non-consensual contact with another person or persons property or to otherwise creating a situation that would risk adversely affecting public safety. 12.32.120 Begging And Solicitation No person shall ask, beg, or solicit alms in an aggressive manner in any Public Place or Public Way, or other place open to the general public, whether publicly or privately owned, including 7 MV/MG: 1 6-5399/15273 8.docimv HB -39-Item 6. - 11 ORDINANCE NO. 4117 but not limited to any sidewalks, streets, alleys, driveways, parking lots, parks, plazas, buildings, doorways and entrances to buildings, gasoline service stations, and the grounds around or enclosed by buildings. 12.32.130 Nuisance It shall be deemed a public nuisance for any person, after first being warned by a law enforcement officer, or where a sign has been posted in accordance with this Chapter, to loiter, stand, sit or lie in or upon the Pier, Pier Plaza, the Civic Center, any Public Place or Public Way, or any public or quasi-public sidewalk, street, curb, crosswalk, walkway area, mall or that portion of private property utilized for public use, so as to hinder or obstruct the free passage of pedestrians thereon. It shall be a public nuisance for any person to block or obstruct, or prevent the free access to the entrance to any building open to the public. 12.32.140 No Restriction On Free Speech This Chapter is not intended to restrict the exercise of any free speech protected by the United States Constitution or the Constitution of the State of California. 12.32.150 Severability The City Council of the City of Huntington Beach hereby declares that should any section, paragraph, sentence or word of this chapter of the code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid. 8 MV/MG: I 6-5399/152738.doc/mv HB -40-Item 6. - 12 / City Attorney INITIATED AND APPROVED: APPROVED A FORM: Police Chief ORDINANCE NO. 4117 SECTION 2. This Ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2017. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: City Manager 9 MV/MG:16-5399/152738.docimv HB -41-Item 6. - 13 LEGISLATIVE DRAFT HBMC CHAPTER 12.32 Chapter 12.32 SIDEWALKS—OBSTRUCTING 12.32.010 Definitions the entrance to any building open to the public. (1516 9/69, 1625 3/71, 3695 3/05) The following words and phrases when used in Chapter 12.32, and any other Chapter or Section where these definitions are incorporated by reference, mean as follows: A. "Aggressive" means approaching, speaking to, or following a person in a nonconsensual, hostile, or forceful manner as would cause a reasonable person to fear harm or criminal conduct; or 1. Touching another person without such person's consent in the course of asking, begging or soliciting alms; or 2. xittirriLing_t_o_a_sL„_g beg, or solicit alms firia2e1..n after such person has made a negative response or otherwise indicated a desire not to contribute:, 3. Intentionally blocking or interfering with the safe or free passage of the person solicited by any means, including causing such person to take evasive action to avoid physical contact or preventing such person from departing the location of the solicitation; or 4. Intentionally following the person solicited, without such person's consent, for the purpose of continuing to ask, beg or solicit alms after such person has made a negative response or indicated a desire not to contribute; or 5. Making any statement, gesture. or other communication which a reasonable person in the situation of the person solicited would perceive to be a threat of bodily harm; or 1 MV/MG: 16-5399/1 52749 . doclmv HB -42-Item 6. - 14 6. Rendering any service to a motor vehicle, including but not limited to at -igviina, t,gr,jpi guarding or re f said vehicle or any portion thereof, without the prior consent of the owner, operator or occupant of such vehicle, and thereafter asking, begging or soliciting alms or payment for the performance of such service, regardless of whether such vehicle is stopped, standing or parked on a public street or upon other public or private property; or 7. Intentionally blocking, preventing, im_peding or interfering with the free and unobstructed ability of the person solicited to enter into or emerge from any vehicle during the course of asking, begging or soliciting alms or following a negative response by the person solicited to any such solicitation: or 8. Intentionally blocking, preventing, impeding or interfering with the operation or movement of any vehicle operated or occupied by the person solicited, during the course of asking, begging or sol'citing alms or following a negative response by the person solicited to any such solicitation. "Ask, beg, or solicit alms" includes the spoken, written, or printed word or such other act conducted for the purpose of obtaining an immediate donation of money or thing of value, whether for personal use, or as a charitable contribution to any individual or organization, or for any other purpose. C. "Beach" includes that strip of land owned and/or operated by the City of Huntington Beach, south of Warner Avenue, lying between Pacific Coast Highway and the mean high tide line of the Pacific Ocean. "Beach" also includes that portion of the State Beach (Bolsa Chica) which the City operates pursuant to an operating agreement with the State of California. "Beach" also includes that strip of land owned, controlled and/or operated by the City of Huntington Beach lying from and including Anderson Street to the north, Warner Avenue to the south, the mean high tide line of the Pacific Ocean and the west legal property line of adjoining residential properties which are on South Pacific Avenue, excluding the street appendages that extend west of South Pacific Avenue. D. "Beach Parking Lot" means roads, driveways or parking area to service the each, Pier or Pier Plaza, excluding those areas located on a street or highway. E. "Beach Service Roall" means the paved roadway on the Beach that extends from Beach Boulevard to Seapoint Avenue running parallel to Pacific Coast Highway nearest to the shoreline of the Pacific Ocean, 2 MV:16-5399/152749 HB -43-Item 6. - 15 "City building" means any building which is owned or occupied by the City of Huntington Beach or any of its Departments and which is used for public purposes. G. "Civic Center" means the area in the City of Huntington Beach, County of Orange bounded by Lake Street on the east, Yorktown Avenue to the north, Main Street on the west, Utica Avenue on the south, and Park Street on the east and south between Utica Avenue and Lake Street. H. "Downtown Huntington Beach" means Districts 1, 2, and 3 of the Huntington Beach Downtown Specific Plan, which are depicted below: 3 - LAND 1/SES. eNJELC.F. VtANCLARDS 3.3.. 1r)i..1 itt I CW•0 DtOWD Core. NICK.,.1. La %et .1.4gruem 3-3. 0n1=P f Or .41,=17 whk -r41•47.ft • AC 114 ..VVNTPWN 54,16C1e1. P,AMI NO. 5 DOWNTOVV“ PR.C1 PIC .3,39 C.C.1715.n Se•• 3 MV:16-5399/152749 HB -44-Item 6. - 16 — Z _ Lenenal IDINeweeNworeere 3 - LAND USES ea DEVELOPMENT STAN DAR DS District 2 - Visitcpr-serving Mixed-Use . .01.nr••••nn•••••••n• ....11.6•n•••n••nn••nn• rygneell• <140101. 21645 HUNTINGTON BEACH DOWNTOWN SPECIFIC PLAN NO 5 5-So DOWNTOWN SPECIFIC PLAN CHtober S. .011 3 . LAND USES ea DEVELOPMENT STANDARDS 3 -3.3. District 3— Visitor-serving Recreation PAHaes-A5 Obtaleat HU.TINGTON BEACH DOWNTOWN SPECIFIC PLAN NO, 5 5-70 DOWNTOWN S•ICIFIC PLAN CHH-aber 521311 4 MV:16-5399/152749 HB -45-Item 6. - 17 1. "Enclosed Area" means an area which is substantially surrounded by a fence, ditch, wall or other barrier so as to limit access to a relatively few points around the area. J. "Pier" means the appurtenance beginning at the intersection of Pacific Coast Highway and Main Street on the Beach, which is a platform extending into the Pacific Ocean and supported by piles or pillars. K. "Pier Plaza" means the developed area on the each immediately north and south adjacent to the Pier bounded by Pacific Coast Highway and the Beach Parking Lots adjacent thereto, L. "Public Place" means any of the following: 1. Any area inside a City or School District Building; 2. Any enclosed area outdoors which is owned or occupied by the City of Huntington Beach and used for public purposes, or which is owned or occupied by a public school district; 3. Any unenclosed area outdoors, whether such area is publicly or privately owned or occupied, to which the general public has access and to which, by right or by express or implied invitation, the general public may resort for business, pleasure, or other lawful purpose; this category includes, but is not limited to, publicly owned open areas such as streets, sidewalks, parks, beaches, and open areas that may be either public or privately owned, such as entrance ways, alcovesKards, and parking lots; 4. Any privately owned walkway, whether enclosed or unenclosed, which is open to the general public and which, among its principal purposes, serves to allow pedestrians to pass through or over the premises, without regard to the pedestrian's destination; 5. Outdoor parking lots,whr ,j.gly_o_wn es„ _wi_e_h are adjacent to streets, sidewalks or other public places open to the erg reriblic. M. "Public Way" means any public place or portion of a public place which serves primarily for the movement of pedestrian, vehicular, or bicycle traffic from one area to another; "Public Way" includes, but is not limited to, streets, sidewalks, bicycle paths, covered or enclosed walkways for pedestrians, and the portions of the Pier and Pier Plua setaside for pedestrian or vehicular traffic. 5 MV:! 6-5399.152749 HB -46-Item 6. - 18 N. "School district building" means any building which is owned or occupied by a public school district and which is used for public purposes. 0. "Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel, P. "Street" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Street includes highway. 4-21-32420-Animals-er-Vehieles12.32.020 Loitering, Obstructing Free Passage, And Sitting Or Lying Upon The Public Way Betng-wame H3 a-sign-e ae-eefeactee Bf-138 if-eimeet-er-£H+1+19 EIF-EIHE 91313 ffe41319 Except as provided in Section 12.32.025 no person, after first being warned by a law enforcement officer, or where a sign or signs have been posted in accordance with this Chapter, shall loiter, stand, sit or lie in or upon any Public Way, including any sidewalk, street, curb, crosswalk, walkway area, mall or that portion of public or private property utilized for public use; neither shall any person block nor obstruct, nor prevent the free access to the entrance to any building open to the public, 127327015-Feepth-ef-July-Par-ade-Viewing 5 or any other item used to reserve areas for parade viewing before 7:00 am. on July 3rd. for the same prior to 6:00 a.m. on July 4th. D.No person shall sell, lease, or rent any seat or space on public property. shall be removed by 3:00 p.m. on July lth. (3695 3/05) 6 MV:16-5399/152749 HB -47-Item 6. - 19 12.32.025 Fourth Of July Parade Viewing A. No person shall place on any Public Way or Public Place, public property, furniture, stakes, rope, ribbon, signs or any other item used to reserve areas for parade viewing before 7:00 a.m. on July 3rd. B. No materials used to reserve areas of Public Way or Public Place shall block or interfere with pedestrian or vehicular traffic, or block those portions of sidewalks and streets used for the same prior to 6:00 a.m. on July 4th, C. Adhesive material, including adhesive tape, is prohibited for use in reserving space for parade viewing. This prohibition includes, but is not limited to, the use of tape or other adhesives on trees, poles and signs. D. No person shall sell, lease, or rent any seat or space Public Way. E. No person may use any area of the Public Way so as to interfere with any person's viewing of the parade from a City authorized and approved grandstand. F. All materials used to designate a private viewing area as described in this Section shall be removed by 3:00 p.m. on July 4th. 42:3-2:030-sicifis12.32.030 Animals Or Vehicles No person, after first being warned by a law enforcement officer, or where a sign or signs have been posted in accordance with the provisions of this chapter, shall ride, operate, walk or park any motorcycle, horse or other similar object or animal, in or upon any public or quasi-public sidewalk, street, curb, crosswalk, walkway area, mall or that portion of private property utilized for public use, so as to hinder or to obstruct unreasonably the free passage of pedestrians thereon, or to create any hazardous condition thereon. 12.32.040 Signs Signs posted as provided in this chapter shall conform to the following requirements: A. Each sign shall not be less than 22 by 30 inches; B. Colors of such signs shall be optional; C. All signs shall be clearly visible to persons in restricted locations; D. Signs shall have the word "WARNING" two inches in height, and all other lettering shall be at least 5/8 inches in height; E. Signs shall be posted every 100 feet; 7 MV 16-53991152749 HB -48-Item 6. - 20 F. The following wording shall appear on each sign: WARNING Unreasonable-eObstruction of pedestrian traffic in this area by persons loitering, standing, sitting, lying or by riding, operating, walking or parking any motorcycle, bicycle, horse or similar objects or animals is prohibited and punishable as a MISDEMEANOR. on Beach Department 536 5933. - : - - ; - I.. - " 123270450 12.32.050 Driving Over Unprotected Sidewalk No person shall drive any wagon or other vehicle over, along or across any cement or other improved sidewalk or curb unless planking is laid thereon in such manner as to protect such sidewalk or curb. (69-11/10) 12.32.050 .12.32.00 Paved Sidewalk Crossing Excepted The provisions of Section 12.32.050 shall not apply to the driving of vehicles over sidewalks or curbs at places where cement or asphalt crossings are constructed across such sidewalks and curbs. (69-1 I /1 0) 4-273-27060-Pfeh-ibited-Aets 4-273.243-70-Der-m-itien-s 3. Intentionally blocking or interfering with the safe or free passage of the person 8 MV: 16-5399/152749 HB -49-Item 6. - 21 EHIE 7. intentionally blocking, preventing, impeding or interfering with the free and organization, or for any other purpose. (3228 1/9 11) 6144E EFENRCAR This chapter is not intended to restrict the exercise of protected free speech. (3228 1/94) 4-273.27090-SeveFabi1ity invalid. (3228 4/94) 4-2T3-27109-NuiGamee 9 MV:16-5399/152749 HB -50-Item 6. - 22 12.32.110 Conduct On Public Property, Monuments, Fountains And Lawns No person, after having been notified by a law enforcement officer or private security officer that he or she is in violation of the prohibition in this Section, shall: A. Walk, stand, sit or lie _upon any monument, vase, decorative fountain, drinking fountain, bike rack, trash receptacle, median, fire hydrant, street- treelattn,giet railin u onothean r public property not designed or customarily used for such purposes; B. Walk, stand, sit or lie upon any public lawn or planted area which is posted with signs that forbid such conduct; or C. Walk, stand, lie or skateboard upon any public bench. D. No person shall bathe or wade in, swim, enter into, be present in, or remain in, any public fountain or fountain open to the public. No person shall willfully or knowingly permit any animal in his or her custody to bathe or wade in, enter into, be present in, or remain in any fountain. No person shall utilize the fountain water for cleaning of objects, belongings, or personal items. E. In Downtown Huntington Beach from 100 Main to 500 Main, no person aholLatenamaly_hdischalun or s ill any solid object (including but not limited to footballs, hacky sacks, baseballs, beach balls. Frisbees, or other similar devices) or liquid substance or otherwise cause any object or substance to be thrown, discharged, launched, spilled or to become airborne or otherwise risk touching hitting or causing non- consensual contact with another person or persons property or to otherwise creating a situation that would risk adversely affecting public safety. 12.32.120 Beggina And Solicitation No person shall ask, beg, or solicit alms in an aggressive manner in Public Way, or other place open to the general public, whether publicly or privately owned, including but not limited to any sidewalks, streets, alleys, driveways, parking lots, parks, plazas, buildings, doorways and entrances to buildings, gasoline service stations, and the grounds around or enclosed by buildings. 12.32.130 Nuisance It shall be deemed a public nuisance for any person, after first being warned by a law enforcement officer, or where a sign has been posted in_accordarice with this Chapter, to loiter, starlsitrliejaoruor _thgle Pier Pier Plaza, Civic Center an PublicyPlace or Public Wa or an ic or uasi- ublic sidewalk treet curb crosswalk walkwa area, mall or that portion of private property utilized for public use, so as to hinder or 10 NW:16-5399/152749 HB -51-Item 6. - 23 obstruct the free passage of pedestrians thereon. It shall be a public nuisance for any person to block or obstruct, or prevent the free access to the entrance to any building open to the public. 12,32.140 No Restriction On Free Speech This Chapter is not intended to restrict the exercise of any free speech protected by the United States Constitution or the Constitution of the State of California. 12.32.150 Severability The City Council of the City of Huntington Beach hereby declares that should any section, paragraph, sentence or word of this chapter of the code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid. 11 MV:16-5399/152749 HB -52-Item 6. - 24 ORDINANCE NO. 4118 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 13.08 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO BEACH REGULATIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 13.08.005 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.08.005 Definitions For the purposes of this chapter, the following terms shall have the respective meanings set forth herein, unless the context in which they are used clearly indicates to the contrary: "Adjacent Beach Area" includes that strip of land owned and/or operated by the City of Huntington Beach, south of Anderson St., lying between Pacific Coast Highway and the mean high tide line of the Pacific Ocean. "Beach" also includes that portion of the State Beach (Bolsa Chica) which the City operates pursuant to an operating agreement with the State of California. The "Adjacent Beach Area" includes the Beach Service Road, the Pier, the Pier Plaza, walkways, guardrails, hills, raised banks, structures and Beach Parking Lots. The "Adjacent Beach Area" extends from the mean high tide line of the Pacific Ocean to the west curb line of Pacific Coast Highway from Warner Avenue to the Santa Ana River and the mean high tide line of the Pacific Ocean to the west residential property lines of South Pacific Avenue from Warner Avenue to Anderson Street. Unless otherwise specifically referenced, this definition shall only apply to this section of the Huntington Beach Municipal Code. "Alcoholic Beverage" includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. "Beach" includes that strip of land owned and/or operated by the City of Huntington Beach, south of Warner Avenue, lying between Pacific Coast Highway and the mean high tide line of the Pacific Ocean. "Beach - also includes that portion of the State Beach (Bolsa Chica) which the City operates pursuant to an operating agreement with the State of California. "Beach" also includes that strip of land owned, controlled and/or operated by the City of Huntington Beach lying from and including Anderson Street to the north, Warner Avenue to the south, the mean high tide line of the Pacific Ocean and the west legal property line of adjoining residential properties which are on South Pacific Avenue, excluding the street appendages that extend west of South Pacific Avenue. 16-5399/142597/sf 1 HB -53-Item 6. - 25 ORDINANCE NO. 4118 "Beach Parking Lot" means roads, driveways or parking area to service the Beach, Pier or Pier Plaza, excluding those areas located on a street or highway. "Beach Service Road" means the paved roadway on the Beach that extends from Beach Boulevard to Seapoint Avenue running parallel to Pacific Coast Highway nearest to the shoreline of the Pacific Ocean. "Director" refers to the Director of the Community Services Department and/or his or her designee. "Occupied" means used for the purpose of protecting human beings from wind, sun, rain or public view. "Pacific Ocean" includes all waters of the Pacific Ocean to a point three miles out from the mean high tide line, parallel to the three miles out from the Beach whether or not the lands lying under said tidal waters are privately owned or publicly owned including but not limited to the Water Activity Zone. "Person" means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation or any other group or combination, acting as a unit. "Pier" means the appurtenance beginning at the intersection of Pacific Coast Highway and Main Street on the Beach, which is a platform extending into the Pacific Ocean and supported by piles or pillars. "Pier Plaza" means the developed area on the Beach immediately north and south adjacent to the Pier bounded by Pacific Coast Highway and the Beach Parking Lots adjacent thereto. "Smoke or Smoking" means the carrying or holding of a lighted pipe, cigar, cigarette, e-cigarette, or any other lighted smoking product or equipment used to burn any tobacco products, weed, plant, or any other combustible substance. Smoking includes emitting or exhaling the fumes of any pipe, cigar, cigarette, e- cigarette or any other lighted smoking equipment used for burning or vaporizing any tobacco or nicotine product, weed, plant, or any other combustible substance. "Water Activity Zone" means the area that extends 1,000 feet seaward into the Pacific Ocean from the mean high tide line. "Wheeled Conveyance" shall include, but not be limited to, automobiles, bicycles, skateboards, rollerblades, rollerskates, and strollers. 16-5399/142597/sf 2 HB -54-Item 6. - 26 ORDINANCE NO. 4118 13.08.020 Defacing and/or Destroying Public Property No Person shall cut, carve, hack, remove, deface or otherwise injure any fence, post, toilet, lavatory, restroom, building, sign or other structure, at or on the Beach, Adjacent Beach Area, Pier or Pier Plaza, or to place writing upon the interior or exterior of any fence, post, toilet, lavatory, restroom, building, sign or other structure therein, any initial, name writing, printing, drawing or vulgar, profane or obscene word or picture. 13.08.025 Structures/Furniture No Persons shall temporarily or permanently, construct, enlarge, alter, repair, move or convert any structure or place any furniture on the Pier, Pier Plaza, Beach Service Road and Beach Parking Lot area, except by permit issued by the Director. 13.08.030 Littering No Person shall deposit or discard or leave any handbill, bottle, can or rubbish or trash or debris on the Beach or Adjacent Beach Area, other than in those receptacles provided for such purpose, or to deposit in any commode or urinal in any public toilet any newspaper, rag, part of clothing or any item likely to clog said commode or urinal. This section shall not be interpreted to prohibit distribution of any constitutionally protected material. 13.08.051 Tents and Canopies A. No Person shall erect, maintain or occupy any canopy in excess of 100 square feet, or any tent without at least two sides completely open to public view, on the Beach or Adjacent Beach Area, as described in Section 13.08.005(B), except by permit issued by the Director. B. No Person shall erect, maintain or occupy any canopy or tent on the Beach Parking Lot, Beach Service Road, Pier or Pier Plaza except by permit issued by the Director. 13.08.060 Fires No Person shall light, kindle, set or maintain fires or coals thereon, except in the City- provided fire rings or in self-contained BBQs kept within six feet of a City-provided fire ring, except by permit issued by the Director. Disposable heating BBQ materials shall not be deposited anywhere except within the inside perimeter of the City-provided fire ring. The heating element of self-contained BBQs must be raised at least 18 inches above the surface of the sand. 13.08.070 Dogs and Other Animals A. No Person having the care, charge or control of any animal, domesticated or wild, shall permit or allow said animal to be, under any circumstances or conditions, on the Pier or on or upon that Beach or Adjacent Beach Area bounded by the Beach Service Road and the Pacific Ocean, including the Water Activity Zone, unless it is a guide dog, signal dog or service dog as defined in Penal Code Section 365.5, except that upon those Adjacent Beach Areas, and the Water Activity Zone, located north of the line created by extending the northern curb 16-5399/142597/sf 3 HB -55-Item 6. - 27 ORDINANCE NO. 4118 line of 22nd Street to the Pacific Ocean to Seapoint Avenue, wherein dogs constrained by a leash no longer than six feet in length are permitted. B. No Person shall permit any animal, domesticated or wild, to be left unattended on the Beach or Adjacent Beach Area. 13.08.080 Soliciting No Person shall engage in the business of soliciting, distributing, selling or peddling any liquids or edibles for human consumption, or to hawk, peddle or vend any goods, wares or merchandise on the Beach or Adjacent Beach Area, except pursuant to a permit issued by the Director. No Person shall give, set up or maintain any exhibition, show performance, concert, lecture, entertainment or similar activity on the Beach or Adjacent Beach Area without written permission to do so from the Director. No Person shall for profit offer sports camps, sports lessons or other similar activity on the Beach, Adjacent Beach Area, or in the Water Activity Zone without the written permission of the Director. 13.08.090 Alcoholic Beverages—Consumption Except as hereinafter provided, no Person shall, on or upon the Beach or Adjacent Beach Area, consume or sell, any Alcoholic Beverage, except pursuant to a permit issued by City Council. 13.08.100 Alcoholic Beverages—Permits—Terms A. The Director may grant permits for the sale and consumption of Alcoholic Beverages under the following terms and conditions: 1. The kind or kinds of permitted Alcoholic Beverages shall be identified in the permit. 2. Each permit shall require that all Alcoholic Beverages be sold and consumed on permittee's premises, the location and area of permittee's premises to be set forth in said permit. 3. That there be compliance with all other City, county and state laws and regulations. 4. Such other terms and conditions as are reasonably required to protect the peace, health, welfare or safety of the public. 5. The permit shall not be transferable and shall be valid only on dates specified. B. Nothing herein contained shall be construed as permitting the sale, purchase, distribution, or consumption of any Alcoholic Beverage on the Beach or Adjacent Beach Area, except pursuant to and as limited by a permit, as above set forth. 16-5399/142597/sf 4 HB -56-Item 6. - 28 ORDINANCE NO. 4118 13.08.110 Alcoholic Beverages—Permits—Revocation or Suspension Permits are subject to suspension or to revocation by the City Council after notice to permittee and public hearing, on any of the following grounds: A. Permittee has made a substantial misrepresentation in his or her application for permit. B. Permittee or any of his or her employees has violated any laws or regulations concerning the operation of the business, or any terms or conditions of the permit. C. Permittee or any of his or her employees has been convicted of any crime involving moral turpitude. D. Permittee or any of his or her employees has knowingly permitted use of narcotics or dangerous drugs without reporting such incidents to the Police Department without unnecessary delay or not more than 24 hours after the commission thereof. E. Permittee or any of his or her employees has caused or permitted any breach of the peace on such premises, or has performed or permitted any act against the peace, health, welfare or safety of the public. 13.08.115 Smoking Boundaries No Person shall Smoke on the Beach or Adjacent Beach Area, Pier or Pier Plaza unless the Director has designated a specific signed smoking area. 13.08.120 Hazardous Water Sports The following regulations shall apply to water sports: A. In order to protect the public health, safety and welfare, the Director shall set the hours and areas during which no Person within the Water Activity Zone, based on prevailing weather, water conditions, density of use and/or other hazard inducing conditions, shall use or have in his or her possession any surfboard, wind surfboard, paddleboard, bodyboard, skimboard, canoe, boat or any similar object made entirely or partially of wood, metal, hard plastic or any other hard substance, or which exceeds four feet in any dimension. B. The Director shall give notice of the time and area during which hazardous water sports, as defined by Section 13.08.120(A), are prohibited. Such prohibition shall be effective when a yellow flag or sign having a solid black circle in the center, commonly known as a "black ball" flag or sign is prominently displayed from a lifeguard tower, station, Pier or similar structure. C. During the times the "black ball" flag or sign is displayed, only swimming and bathing shall be permitted in the Water Activity Zone within 200 yards of the point of the display of the "black ball" flag or sign. 16-5399/142597/sf 5 HB -57-Item 6. - 29 ORDINANCE NO. 4118 D. No Person shall fail, refuse or neglect to leave the Water Activity Zone when such restriction and prohibition, as set out in this section, are in force. E. Notwithstanding any provision of this section, the Director or his or her authorized agent, may from time to time designate by permit, certain areas to be used exclusively for an event. Such designation may be revoked at any time and the area covered by such designation may be enlarged or reduced at any time. No Person shall enter in such area so designated except while participating in the permitted special or specific event. 13.08.130 Hazardous Articles No Person shall use any surfboard, paddleboard, skimboard, bodyboard, wind surfboard, rubber life raft, canoe, boat, or any similar object made entirely or partially of wood, metal, glass, hard plastic or any other hard substance at any time, on the Beach, Adjacent Beach Area, or in the Water Activity Zone in a manner that constitutes a hazard to any other Person. 13.08.135 Motorized Vessels No Person shall operate or cause to operate any motorized vessel, boat, or personal watercraft in the Water Activity Zone unless authorized by the Director. 13.08.140 Beach Games and Practices No Person shall use on the Beach, Adjacent Beach Area, or in Water Activity Zone any athletic apparatus, object or game in a manner that constitutes a hazard to any Person or conduct or participate in any sport or game that constitutes a hazard to any Person. 13.08.150 Digging No Person shall dig or cause the digging of any hole in the sand exceeding a depth of two feet. Any Person who digs, or causes to be dug, any hole upon the Beach or Adjacent Beach Area shall fill the hole before leaving the Beach or Adjacent Beach Area. 13.08.160 Spear Guns No Person shall have any spear gun or similar underwater device in his or her possession on the shore of the Beach or Adjacent Beach Area unless the point of such device is covered by a sheath, cork or other protective device. No spear gun or similar weapon or instrument shall be kept cocked, loaded or otherwise prepared so as to be capable of being discharged while on the Beach or Adjacent Beach Area. 13.08.170 Jumping From the Pier and Public Bridges No Person shall dive, jump or enter the water from the Pier or public bridge or any part thereof; provided, however, that this section shall not apply to the regularly employed lifeguard personnel of the City who are engaged in lifeguard training or in emergency jumps from the Pier or bridges for the purpose of saving lives and/or property. 16-5399/142597/sf 6 HB -58-Item 6. - 30 ORDINANCE NO. 4118 13.08.180 Climbing on Rails of the Pier or Bridges No Person shall sit, walk or balance on the rails of the Pier or public bridges or walkways or climb upon, over or under such rails, or sit, walk, balance or climb upon or over any cement walls which may be adjacent to such rails. 13.08.190 Climbing on Lifeguard Stations No unauthorized Person shall climb, sit, stand or cause someone else to climb, sit or stand on any lifeguard station or ladder on the Beach, Adjacent Beach Area, or Pier unless told to do so by an official employee of the City. 13.08.195 Tampering With Lifesaving Equipment No Person shall tamper with lifesaving equipment, structures or buoys on the Beach, Adjacent Beach Area, or on the Pier. 13.08.200 Leaving Objects No Person shall lay, store, hang or cause to be laid, stored, or cause to be hung any object on, against, or upon any lifeguard station or municipal structure except by permit issued by the Director. 13.08.210 False Alarms No Person shall cause a false rescue or call for help when it is not needed, or to cause a lifeguard to enter the water upon a false rescue, or to leave his or her tower or to have his or her attention drawn to a false alarm. 13.08.220 Interfering With Lifeguard No Person shall willfully resist, delay or obstruct any lifeguard in the discharge or attempt to discharge any duty of his or her position. 13.08.225 Interfering With Park Ranger No Person shall willfully resist, delay or obstruct any park ranger in the discharge or attempt to discharge any duty of his or her position. 13.08.230 Causing Object to Reflect No Person shall use a mirror, glass or any similar object to cause the sun to reflect thereon so as to interfere with the vision of any lifeguard or other Person(s). 13.08.240 Curfew A. Except as otherwise specified, no Person shall be on the Beach or the Adjacent Beach Area bounded by the Beach Service Road and the Pacific Ocean including the Water Activity Zone between the hours of 10:00 p.m. and 5:00 a.m. except upon official business of the City or by permit issued by the Director. In the event of special circumstances so warranting, the Director, in his or her judgment, is authorized and empowered to modify temporarily the hours during which the Beaches are closed. Said modification is to be filed with the City Manager at least 10 days prior to the requested date and posted conspicuously. 16-5399/142597/sf 7 HB -59-Item 6. - 31 ORDINANCE NO. 4118 B. Pier and Pier Plaza Curfew. No Person shall remain on or upon the Pier or Pier Plaza between the hours of midnight and 5:00 a.m. except by permit issued by the Director. 13.08.260 Electrical Systems No Person shall use any electrical outlets on the Beach or Adjacent Beach Area without first obtaining written consent from the Director and paying such fees as may be prescribed. 13.08.270 Noise No Person shall play, use or operate, or permit to be played, used or operated, any instrument, machine or device, for producing or reproducing sound upon the Beach or Adjacent Beach Area, at such a volume as unreasonably to disturb the peace, quiet and comfort of Persons who are not voluntary listeners thereto, after having been warned. 13.08.280 Vehicle and Parking Regulation—Beach A. No Person shall operate or possess any motor-driven cycle, motor-driven bicycle, motorcycle, automobile, motor truck or other motorized vehicle or conveyance (regardless of power source or size) on the Beach or Adjacent Beach Area other than for law enforcement, lifesaving or emergency purposes, or for Beach maintenance purposes, except by permit issued by the Director; nor on any roads on which signs are posted prohibiting such activity, nor in any manner or direction prohibited by posted signs, nor on any Beach or Adjacent Beach Area other than on the roads, drives or parking areas designed for such purposes. B. No Person shall operate any Wheeled Conveyance on the Beach Service Road if said Wheeled Conveyance has been prohibited by the Director and said prohibition has been properly posted. C. Exceeding Speed Limit. 1. No Person shall operate any Wheeled Conveyance of any type on the Beach, Adjacent Beach Area, or Beach Service Road at a speed in excess of 10 miles per hour unless a greater speed is posted. The maximum speed limit when pedestrians are present shall be five miles per hour. 2. No Person shall operate any Wheeled Conveyance of any type on the Beach Service Road at a walking speed in excess of two and one-half miles per hour, between designated points, when the yellow lights are flashing. D. Delivering Concessions. During the period of June 15th to September 15th, any and all commercial motor vehicles of any type, must make their deliveries to Beach concessions between the hours of 6:00 a.m. and 11:00 a.m., except by permit from the Director. During all other times of the year, deliveries must take place during Beach non-curfew hours. 16-5399/142597/sf 8 HB -60-Item 6. - 32 ORDINANCE NO. 4118 E. Parking, No Person shall park any vehicle except in designated parking areas; provided, however, that the Director is authorized to permit parking in non- designated areas when, in his or her opinion, such parking will not interfere with Adjacent Beach Area operations. F. Traffic Control Signs. The Director is authorized and directed to erect and maintain signs at locations he or she deems appropriate, indicating the speed limits established by the City Council for the Beaches, along roadways and streets herein. The Director is also authorized to designate parking areas and traffic patterns and to erect and maintain signs indicating such areas and patterns. 13.08.285 Motor Vehicle Permits Any Person desiring to access the Beach, Adjacent Beach Area, or Pier with a vehicle for delivery, maintenance, transportation or any other service must obtain a permit from the Director. 13.08.290 Vehicle and Parking Regulation—Pier and Pier Plaza Pursuant to Section 13.08.280 of this chapter, the following shall apply: A. Speed Limit. No Person shall operate any Wheeled Conveyance upon the Pier or Pier Plaza in excess of five miles per hour. B. Heavy Vehicles. No Person shall drive or permit to be driven any vehicle of any kind or character whatsoever, upon the Pier or Pier Plaza of a gross weight in excess of 20,000 pounds. C. Roller Skates, In-Line Skates, Skateboards and Scooters on the Pier or Pier Plaza. No Person shall use any roller skates, in-line skates, skateboards or scooters on the Pier or Pier Plaza at any time. These items must be carried if brought on the Pier or Pier Plaza. D. Parking. No Person shall park a vehicle on the Pier or Pier Plaza, unless he or she possesses a written permit from the Director allowing him or her to do so. No Person shall leave a vehicle standing or unattended on the Pier or Pier Plaza at any time. E. Unauthorized Vehicles Prohibited. No Person shall push or operate any automobile, motorcycle, truck, or any other motor driven vehicle or conveyance upon the Pier or Pier Plaza, except by permit issued by the Director. F. Bicycles on Pier. No Person shall ride a bicycle or any similar type vehicle on the Pier or Pier Plaza, except by permit issued by the Director. Bicycles or similar type vehicles may be walked or pushed on the Pier or Pier Plaza. No bicycle or similar type vehicle shall be chained, cabled or locked by any means to the railings on the Pier, ramps, stairs, or parking lot except to the bicycle racks provided therefor. 16-5399/142597/sf 9 HB -61-Item 6. - 33 ORDINANCE NO. 4118 G. Delivering Concessions. Vendors or their agents shall not make deliveries by vehicles to concessionaires on the Pier except between the hours of 6:00 a.m. and 11:00 a.m. during the dates of June 15th to September 15th. During all other times, deliveries must be made during non-curfew hours. 13.08.300 Beach Parking Lot Regulations The following regulations will apply to parking in any of the City-owned and operated Beach Parking Lots: A. Parking is allowed within designated spaces only. B. There shall be no parking between 10:00 p.m. and 5:00 a.m. except by permit issued by the Director. C. Any deviation from this section will be by permission of the Director and shall be conspicuously posted. D. No loitering or obstructing of flow of traffic will be allowed in the parking lot by any Person or Persons. E. No Person shall obstruct or cause to be obstructed any entrance or exit in the parking lot. F. No trailers or similar vehicles will be allowed in the parking lot except by permit issued by the Director. G. Fees for parking shall be established by resolution of the City Council. H. Any vehicle leaving the parking lot and returning will be required to pay on re-entering. I. Number of parking permits per concession owner will be determined by the Director. J. The Director shall have the authority to designate reserved parking areas in City-owned and/or operated Beach Parking Lots. K. No unauthorized vehicle shall park in a reserved parking area where signs are posted giving notice of such reserved parking. 13.08.310 Fishing From the Pier Fishing is allowed from the Pier, but the following acts are prohibited: A. Overhead Casting. Cast a fishing line, either with or without a fishing pole, over the top railing of the Pier. 16-5399/142597/sf 10 HB -62-Item 6. - 34 ORDINANCE NO. 4118 B. Negligent Casting. No Person shall cast in the water adjacent to the Pier or on the Pier, a fishing line, lobster trap, crab trap, any mussel hook, or any other such device in such a manner as to create a hazard to any other person. C. Extra Lines. No Person shall have more than two fishing lines in the water under or near the Pier at one time. D. Projecting Poles. No Person shall allow or permit any fishing pole to extend inward from the Pier rail to a distance of more than four feet. E. Cleaning of Fish or Mussel. No Person shall place, cut or clean any fish, mussel or bait, or any other marine life directly upon any bench or seat placed upon the Pier or upon the floor or railings of the Pier except in the areas provided therefor. F. Lobster Traps. No Person shall have more than two traps in the water under or near the Pier at any one time. A Person shall attend said traps at all times. G. Feeding Wildlife. No Person shall provide food, bait or other material in a manner as to feed wildlife upon the Pier. H. Fishing from Closed Area. No Person shall set up or cast a fishing line in areas on the Pier that have been closed to fishing. I. No Person shall use the Pier railing for leverage to pull fishing line, lobster trap, any mussel hook, or other such device in such a manner as to create a hazard to any other Person or cause damage to the Pier railing. 13.08.330 Removal of Sand No Person shall remove, or cause to be removed from the Beach, Adjacent Beach Area, or Pacific Ocean, any sand without written permission from the Director. 13.08.340 Glass Containers on the Beach No Person shall have, possess or use any dangerous article or container such as a bottle, glass, crockery or similar object upon the Beach, Adjacent Beach Area, or in the Water Activity Zone. 13.08.350 Beach and Ocean Closure—Authority A. The Director shall have the authority to close any Beach, Adjacent Beach Area, harbor, or ocean waters of the Pacific Ocean in order to protect the public health, safety, and welfare. Such closure shall be effective when notice of closure is given through any of the following methods: 1. Signs stating that the Beach is closed or that swimming is prohibited, or depicting a swimmer and a red circle with a slash through the circle, or otherwise advising of closure; 16-5399/142597/sf 11 HB -63-Item 6. - 35 APPROVED AS City Attorney INITIATED AND APPROVED: Police Chief ORDINANCE NO. 4118 2. Public address announcements; 3. Oral or written notice from the Director, any marine safety officer, lifeguard, or other authorized agent; or 4. Any other device or announcement reasonably communicating such closure. B. No Person shall enter, remain in, or fail or refuse to leave a closed area of the Beach, Adjacent Beach Area, harbor, or the Pacific Ocean while such restriction is in effect. 13.08.360 Enforcing Officer This chapter shall be enforced by the Director, as well as by peace officers having jurisdiction of any area in which a violation of any provision of this title takes place. 13.08.370 Violation—Penalty Any Person violating any provision of this chapter shall, upon conviction, be guilty of a misdemeanor, and subject to a fine of not more than $500.00 or be imprisoned for a period not to exceed six months, or by both such fine and imprisonment. 13.08.380 Violation—Alternative Remedies Any violation of any provisions of this chapter shall subject the violator to ejection from the premises of the area in which the violation occurs. SECTION 2. This Ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2017. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: City Manager 16-5399/142597/sf 12 HB -64-Item 6. - 36 LEGISLATIVE DRAFT HBMC CHAPTER 13.08 13.08.005 Definitions For the purposes of this chapter, the following terms shall have the respective meanings set forth herein, unless the context in which they are used clearly indicates to the contrary: "Adjacent Beach Area" includes that strip of land owned and/or operated by the City of Huntingtonlleaeh. south of Andersojving kc)aAffigfva d th e h rran_high_tickline of the Pacific Ocean. "Beach" also includeslat_poAlion of the State Beach B w o e te sursu. t to n h the SteAKo_a rni _The_itAdjacent Beach_ ea" inclu des i Servi ce the Pie Ir_P_a and Beach Parking Lots. The "Adjacent Beach Area" extends from the mean high tide line of the Pacific Ocean t(y-ie west curb line of.P.acific Coast Highway from Warner Avenue to the Santa Ana River and the mean high tid if the Pacific Iceant. - - - • - . - of South Pacific Avenue from Warner Avenue to Anderson Street. Unless otherwise specifically referenced, this definitioa,thall Qnlv apply to this se ction Municipal Code. "Alcoholic bBeverage" includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. "Beach" includes that strip of land owned and/or operated by the City of Huntington Beach, south of Warner Avenue, lying between Pacific Coast Highway and the mean high tide line of the Pacific Ocean. "Beach" also includes that portion of the State Beach (Balsa Chica) which the City operates pursuant to an operating agreement with the State of California. "Beach" also includes that strip of land owned, controlled and/or operated by the City of Huntington Beach lying from and including Anderson Street to the north, Warner Avenue to the south, the mean high tide line of the Pacific Ocean and the west legal property line of adjoining residential properties which are on South Pacific Avenue, excluding the street appendages that extend west of South Pacific Avenue. "Beach earking ILot" means roads, driveways or parking area to service the bBeach, prier or Pier Plaza, excluding those areas located on a street or highway. "Beach service fRoad - means the paved roadway on the beach that extends from Beach Boulevard to Seapoint Avenue running parallel to Pacific Coast Highway nearest to the shoreline of the Pacific Ocean. "Director" refers to the Director of the Community Services Department and/or his or her designee. "Occupied" means used for the purpose of protecting human beings from wind, sun, rain or public view. -Pacific Ocean" includes all waters of the Pacific Ocean to a point three miles out from the mean high tide line, parallel to the three miles out from the Beach whether or not the lands 16-53991146219/SF HB -65-Item 6. - 37 lying under said tidal waters are privately owned or publicly owned including but not limited to the Water Activity Zone. "Person" means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation or any other group or combination, acting as a unit. "Pier" means the appurtenance beginning at the intersection of Pacific Coast Highway and Main Street on the bBeach, which is a platform extending into the Pacific Ocean and supported by piles or pillars. -Pier Plaza" means the developed area on the bBeach immediately north and south adjacent to the pBier bounded by Pacific Coast Highway and the bBeach pParking 4Lots adjacent thereto. "Smoke or smoking" means the carrying or holding of a lighted pipe, cigar, cigarette, e, cigarette or any other lighted smoking product or equipment used to burn any tobacco products, weed, plant, or any other combustible substance. Smoking includes emitting or exhaling the fumes of any pipe, cigar, cigarette, emcigarette or any other lighted smoking equipment used for burning or vaporizing any tobacco or nicotine product, weed, plant, or any other combustible substance. "Water Activity Zone" means the area that extends 1,000 feet seaward into the Pacific Ocean from the mean high tide line. "Wheeled conveyance" shall include, but not be limited to, automobiles, bicycles, skateboards, rollerblades, rollerskates, and strollers. (3606-6/03, 3656-8/04, 3667-10/04, 3930-2/12) 13.08.020 Defacing and/or Destroying Public Property No pPerson shall cut, carve, hack, remove, deface or otherwise injure any fence, post, toilet, lavatory, restroom, building, sign or other structure, at or on the bBeach, Adjacent Beach Area, pPier or Pier Plaza, or to place writing upon the interior or exterior of any fence, post, toilet, lavatory, restroom, building, sign or other structure therein, any initial, name writing, printing, drawing or vulgar, profane or obscene word or picture. (769-7/60, 3606-6/03) 13.08.025 Structures! Furniture No pPersons shall temporarily or permanently, construct, enlarge, alter, repair, move or convert any structure or place any furniture on the pPier, Pier Plaza, bBeach sService fRoad and bBeach pParking4Lot area, except by permit issued by the *IDirector. (3606-6/03, 3615-10/03) 13.08.030 Littering No pPerson shall deposit or discard or leave any handbill, bottle, can or rubbish or trash or debris on the bBeach or Acc_e_a_B_el ackArea, other than in those receptacles provided for such purpose, or to deposit in any commode or urinal in any public toilet any newspaper, rag, part of clothing or any item likely to clog said commode or urinal. This section shall not be interpreted to prohibit distribution of any constitutionally protected material. (80-8/11, 769-7/60, 1306-3/67, 3606-6/03) 16-5399/146219/SF 2 HB -66-Item 6. - 38 13.08.051 Tents and Canopies A. No pPerson shall erect, maintain or occupy any canopy in excess of 100 square feet, or any tent without at least two sides completely open to public view, on the bBeach or Adjacent Beach Area, as described in Section 13.08.005(B), except by permit issued by the dDirector. B. No pPerson shall erect, maintain or occupy any canopy or tent on the bBeach pParking 1Lot, leach service fRoad, pPier or Pier Plaza except by permit issued by the dDirector. (3606-6/03, 3963-12/12) 13.08.060 Fires No pPerson shall light, kindle, set or maintain fires or coals thereon, except in the City-provided fire rings or in self-contained BBQs kept within six feet of a City-provided fire ring, except by permit issued by the dDirector. Disposable heating BBQ materials shall not be deposited anywhere except within the inside perimeter of the City-provided fire ring. The heating element of self-contained BBQs must be raised at least 18 inches above the surface of the sand. (769-7/60, 1306-3/67, 3606-6/03, 3930-2/12) 13.08.070 Dogs and Other Animals A. No pPerson having the care, charge or control of any animal, domesticated or wild, shall permit or allow said animal to be, under any circumstances or conditions, on the pPier or on or upon that bBeach or Adjacent Beach eArea bounded by the hBeach sService rRoad and the Pacific Ocean, including the Water Activity Zone, unless it is a guide dog, signal dog or service dog as defined in Penal Code Section 365.5, except that upon those Adjacent bBeach eAreas, and the Water Activity Zone, located north of the line created by extending the northern curb line of 22nd Street to the Pacific Ocean to Seapoint Avenue, wherein dogs constrained by a leash no longer than six feet in length are permitted. B. No pPerson shall permit any animal, domesticated or wild, to be left unattended on the bBeach or Adjacent Beach Area. (344-10/31, 554-12/49, 769-7/60, 2907-8/87, 3355-7/97, 3606-6/03, 3930-2/12) 13.08.080 Soliciting No person shall engage in the business of soliciting, distributing, selling or peddling any liquids or edibles for human consumption, or to hawk, peddle or vend any goods, wares or merchandise on the bBeach or Adjacent Beach Area, except pursuant to a permit issued by the dDirector. No pPerson shall give, set up or maintain any exhibition, show performance, concert, lecture, entertainment or similar activity on the bBeach or Adjacent Beach Area without written permission to do so from the flDirector. No pPerson shall for profit offer sports camps, sports lessons or other similar activity on the bBeach, Adjacent Beach Area or in the Water Activity Zone without the written permission of the tiDirector. (769-7/60, 3606-6/03, 3930-2/12) 13.08.090 Alcoholic Beverages—Consumption Except as hereinafter provided, no pPerson shall, on or upon the beach or Adjacent Beach Area, consume or sell, any aAlcoholic bBeverage, except pursuant to a permit issued by City Council. (769-7/60, 1306-3/67, 1588-8/70, 3606-6/03) 16-5399/146219/SF 3 HB -67-Item 6. - 39 13.08.100 Alcoholic Beverages—Permits—Terms A. The flDirector may grant permits for the sale and consumption of aAlcoholic bBeverages under the following terms and conditions: 1. The kind or kinds of permitted aAlcoholic4Beverages shall be identified in the permit. 2. Each permit shall require that all aAlcoholic bBeverages be sold and consumed on permittee's premises, the location and area of permittee's premises to be set forth in said permit. 3. That there be compliance with all other City, county and state laws and regulations. 4. Such other terms and conditions as are reasonably required to protect the peace, health, welfare or safety of the public. 5. The permit shall not be transferable and shall be valid only on dates specified. B. Nothing herein contained shall be construed as permitting the sale, purchase, distribution, or consumption of any sAlcoholic beverage on the 413each or Adjacent Beach Area, except pursuant to and as limited by a permit, as above set forth. (769-7/60, 1306-3/67, 1588-8/70, 3603-6/03) 13.08.110 Alcoholic Beverages—Permits—Revocation or Suspension Permits are subject to suspension or to revocation by the City Council after notice to permittee and public hearing, on any of the following grounds: A. Permittee has made a substantial misrepresentation in his or her application for permit. B. Permittee or any of his or her employees has violated any laws or regulations concerning the operation of the business, or any terms or conditions of the permit. C. Permiftee or any of his or her employees has been convicted of any crime involving moral turpitude. D. Permittee or any of his or her employees has knowingly permitted use of narcotics or dangerous drugs without reporting such incidents to the Police Department without unnecessary delay or not more than 24 hours after the commission thereof. E. Permittee or any of his or her employees has caused or permitted any breach of the peace on such premises, or has performed or permitted any act against the peace, health, welfare or safety of the public. (769-7/60, 1306-3/67, 1588-8/70) 13.08.115 Smoking Boundaries No pPerson shall sSmoke on the bBeachoL.Mjacent Beach Area, f)Pier or Pier Plaza unless the 4Director has designated a specific signed smoking area. (3656-8/04) 13.08.120 Hazardous Water Sports The following regulations shall apply to water sports: A. In order to protect the public health, safety and welfare, the 41pirector shall set the hours and areas during which no person within the Water Activity Zone, based on prevailing 16-5399/146219/SF 4 HB -68-Item 6. - 40 weather, water conditions, density of use and/or other ha7ard inducing conditions, shall use or have in his or her possession any surfboard, wind surfboard, paddleboard, bodyboard, skimboard, canoe, boat or any similar object made entirely or partially of wood, metal, hard plastic or any other hard substance, or which exceeds four feet in any dimension. B. The dpirector shall give notice of the time and area during which hazardous water sports, as defined by Section 13.08.120(A), are prohibited. Such prohibition shall be effective when a yellow flag or sign having a solid black circle in the center, commonly known as a "black ball" flag or sign is prominently displayed from a lifeguard tower, station, pier or similar structure. C. During the times the "black ball" flag or sign is displayed, only swimming and bathing shall be permitted in the Water Activity Zone within 200 yards of the point of the display of the "black ball" flag or sign. D. No pPerson shall fail, refuse or neglect to leave the Water Activity Zone when such restriction and prohibition, as set out in this section, are in force. E. Notwithstanding any provision of this section, the dpirector or his or her authorized agent, may from time to time designate by permit, certain areas to be used exclusively for an event. Such designation may be revoked at any time and the area covered by such designation may be enlarged or reduced at any time. No person shall enter in such area so designated except while participating in the permitted special or specific event. (769-7/60, 831-4/61, 1306-3/67, 1743-5/72, 1776-9/72, 1856-8/73, 3606-6/03, 3930-2/12) 13.08.130 Hazardous Articles No pperson shall use any surfboard, paddleboard, skimboard, bodyboard, wind surfboard, rubber life raft, canoe, boat, or any similar object made entirely or partially of wood, metal, glass, hard plastic or any other hard substance at any time, on the bBeach, Adjacent Beach Area or in the Water Activity Zone in a manner that constitutes a hazard to any other 13Person. (769-7/60, 1306- 3/67, 3606-6/03) 13.08.135 Motorized Vessels No pPerson shall operate or cause to operate any motorized vessel, boat, or personal watercraft in the Water Activity Zone unless authorized by the dDirector. (3606-6/03) 13.08.140 Beach Games and Practices No i3Person shall use on the 13Beach, Adjacent Beach Area, or in Water Activity Zone any athletic apparatus, object or game in a manner that constitutes a hazard to any pPerson or conduct or participate in any sport or game that constitutes a hazard to any pPerson. (769-7/60, 1306-3/67, 3606-6/03) 13.08.150 Digging No pPerson shall dig or cause the digging of any hole in the sand exceeding a depth of two feet. Any pPerson who digs, or causes to be dug, any hole upon the bBeach or Adjacent Beach Area shall fill the hole before leaving the bBeach or Adjacent Beach Area. (769-7/60, 3606-6/03) 16-5399/146219/SF 5 HB -69-Item 6. - 41 13.08.160 Spear Guns No pPerson shall have any spear gun or similar underwater device in his or her possession on the shore of the bBeach o_r_Adjacent Beach Area unless the point of such device is covered by a sheath, cork or other protective device. No spear gun or similar weapon or instrument shall be kept cocked, loaded or otherwise prepared so as to be capable of being discharged while on the bBeach or Adjacent Beach Area. (769-7/60, 1306-3/67, 3606-6/03) 13.08.170 Jumping From the Pier and Public Bridges No pPerson shall dive, jump or enter the water from the prier or public bridge or any part thereof; provided, however, that this section shall not apply to the regularly employed lifeguard personnel of the City who are engaged in lifeguard training or in emergency jumps from the prier or bridges for the purpose of saving lives and/or property. (769-7/60, 911-7/62, 3606-6/03) 13.08.180 Climbing on Rails of the Pier or Bridges No pPerson shall sit, walk or balance on the rails of the pPier or public bridges or walkways or climb upon, over or under such rails, or sit, walk, balance or climb upon or over any cement walls which may be adjacent to such rails. (769-7/60,911-7/62, 1935-11/74, 3606-6/03) 13.08.190 Climbing on Lifeguard Stations No unauthorized pPerson shall climb, sit, stand or cause someone else to climb, sit or stand on any lifeguard station or ladder on the bBeackAdjacent Beach Area. or prier unless told to do so by an official employee of the City. (769-7/60, 1306-3/67, 3606-6/03) 13.08.190 Climbing on Lifeguard Stations No unauthorized prerson shall climb, sit, stand or cause someone else to climb, sit or stand on any lifeguard station or ladder on the bBeack Adjacent Beach Area, or pPier unless told to do so by an official employee of the City. (769-7/60, 1306-3/67, 3606-6/03) 13.08.195 Tampering With Lifesaving Equipment No pPerson shall tamper with lifesaving equipment, structures or buoys on thel3Beach, Adjacent Beach Area, or on the pPier. (3606-6/03) 13.08.200 Leaving Objects No pPerson shall lay, store, hang or cause to be laid, stored, or cause to be hung any object on, against, or upon any lifeguard station or municipal structure except by permit issued by the dDirector. (1306-3/67, 3606-6/03) 13.08.210 False Alarms No pPerson shall cause a false rescue or call for help when it is not needed, or to cause a lifeguard to enter the water upon a false rescue, or to leave his or her tower or to have his or her attention drawn to a false alarm. (769-7/60, 1306-3/67) 16-5399/146219/SF 6 HB -70-Item 6. - 42 13.08.220 Interfering With Lifeguard No pPerson shall willfully resist, delay or obstruct any lifeguard in the discharge or attempt to discharge any duty of his or her position. (1306-3/67) 13.08.225 Interfering With Park Ranger No pP_erson shall willfully resist, delay or obstruct any park ranger in the discharge or attempt to discharge any duty of his or her position. (1306-3/67) 13.08.230 Causing Object to Reflect No person shall use a mirror, glass or any similar object to cause the sun to reflect thereon so as to interfere with the vision of any lifeguard or other pPerson(s). (1306-3/67, 1535-11/69, 1743- 5/72) 13.08.240 Curfew A. Except as otherwise specified, no pPerson shall he on the bBeach or the Adjacent bBeach aArea bounded by the beach service fRoad and the Pacific Ocean including the Water Activity Zone between the hours of 10:00 p.m. and 5:00 a.m. except upon official business of the City or by permit issued by the €11)irector. In the event of special circumstances so warranting, the flDirector, in his or her judgment, is authorized and empowered to modify temporarily the hours during which the 1313eaches are closed. Said modification is to be filed with the City Manager at least 10 days prior to the requested date and posted conspicuously. B. Pier and Pier Plaza Curfew. No pPerson shall remain on or upon the pPier or Pier Plaza between the hours of midnight and 5:00 a.m. except by permit issued by the €1Director. (769-7/60, 861-9/61, 1306-3/67, 3606-6/03, 3930-2/12) 13.08.260 Electrical Systems No pPerson shall use any electrical outlets on the bBeach or Adjacent BtackAren without first obtaining written consent from the flDirector and paying such fees as may be prescribed. (1306- 3/67, 1509-7/69, 3606-6/03) 13.08.270 Noise No pPerson shall play, use or operate, or permit to be played, used or operated, any instrument, machine or device, for producing or reproducing sound upon the 11Beach or Adjacent Beach Area, at such a volume as unreasonably to disturb the peace. quiet and comfort of pPersons who are not voluntary listeners thereto, after having been warned. (1306-3/67, 1743-5/72, 1935-11/74, 3606-6/03) 13.08.280 Vehicle and Parking Regulation—Beach A. No pPerson shall operate or possess any motor-driven cycle, motor-driven bicycle, motorcycle, automobile, motor truck or other motorized vehicle or conveyance (regardless of power source or size) on the bBeach or Adjacent Beach Area other than for law enforcement, lifesaving or emergency purposes, or fortil3each maintenance purposes, except by permit issued by the flDirector; nor on any roads on which signs are posted prohibiting such activity, nor in any manner or direction prohibited by posted signs, nor on 16-5399/146219/SF 7 HB -71-Item 6. - 43 any bBeach or Adjacent Beach Area other than on the roads, drives or parking areas designed for such purposes. B. No pPerson shall operate any wWheeled eConveyance on the bBeach sService fRoad if said wWheeled eConveyance has been prohibited by the dDirector and said prohibition has been properly posted. C. Exceeding Speed Limit. 1. No pPerson shall operate any AryWheeled eConveyance of any type on the bBeach or bBeach sServ ice fRoad at a speed in excess of 10 miles per hour unless a greater speed is posted. The maximum speed limit when pedestrians are present shall be five miles per hour. 2. No i3Person shall operate any wWheeled eConveyance of any type on the bBeach sService FRoad at a walking speed in excess of two and one-half miles per hour, between designated points, when the yellow lights are flashing. D. Delivering Concessions. During the period of June 15th to September 15th, any and all commercial motor vehicles of any type, must make their deliveries to bBeach concessions between the hours of 6:00 a.m. and 11:00 a.m., except by permit from the dpirector. During all other times of the year, deliveries must take place during bBeach non-curfew hours. E. Parking. No pPerson shall park any vehicle except in designated parking areas; provided, however, that the ElDirector is authorized to permit parking in non-designated areas when, in his or her opinion, such parking will not interfere with Adjacent beach ftArea operations. F. Traffic Control Signs. The dDirector is authorized and directed to erect and maintain signs at locations he or she deems appropriate, indicating the speed limits established by the City Council for the bBeaches, along roadways and streets herein. The •z1Director is also authorized to designate parking areas and traffic patterns and to erect and maintain signs indicating such areas and patterns. (1306-3/67, 2138-1/77, 2768-5/85, 2851-8/86, 3123- 11/91, 3329-5/96, 3606-6/03) 13.08.285 Motor Vehicle Permits Any pPerson desiring to access the bBeach, Adjacent Beach Area, or pPier with a vehicle for delivery, maintenance, transportation or any other service must obtain a permit from the dDirector. (3329-5/96, 3606-6/03) 13.08.290 Vehicle and Parking Regulation—Pier and Pier Plaza Pursuant to Section 13.08.280 of this chapter, the following shall apply: A. Speed Limit. No pPerson shall operate any wWheeled eConveyance upon the pPier or Pier Plaza in excess of five miles per hour. B. Heavy Vehicles. No pPerson shall drive or permit to be driven any vehicle of any kind or character whatsoever, upon the pPier or Pier Plaza of a gross weight in excess of 20,000 pounds. C. Roller Skates, In-Line Skates, Skateboards and Scooters on the Pier or Pier Plaza. No pPerson shall use any roller skates, in-line skates, skateboards or scooters on the pPier or Pier Plaza at any time. These items must be carried if brought on the pPier or Pier Plaza. 16-5399/146219/SF 8 HB -72-Item 6. - 44 D.Parking. No pPerson shall park a vehicle on the pPier or Pier Plaza, unless he or she possesses a written permit from the dDirector allowing him or her to do so. No pPerson shall leave a vehicle standing or unattended on the pPier or Pier Plaza at any time. E. Unauthorized Vehicles Prohibited. No pPerson shall push or operate any automobile, motorcycle, truck, or any other motor driven vehicle or conveyance upon the pPier or Pier Plaza, except by permit issued by the ElDirector. F. Bicycles on Pier. No pPerson shall ride a bicycle or any similar type vehicle on the pPier or Pier Plaza, except by permit issued by the flpirector. Bicycles or similar type vehicles may be walked or pushed on the pPier or Pier Plaza. No bicycle or similar type vehicle shall be chained, cabled or locked by any means to the railings on the pPier, ramps, stairs, or parking lot except to the bicycle racks provided therefor. G. Delivering Concessions. Vendors or their agents shall not make deliveries by vehicles to concessionaires on the pPier except between the hours of 6:00 a.m. and 11:00 a.m. during the dates of June 15th to September 15th. During all other times, deliveries must be made during non-curfew hours. (3606-6/03) 13.08.300 Beach Parking Lot Regulations The following regulations NNW appi .), to parking in any of the City -owned and operated bBeach pParking -11,ots: A.Parking is allowed within designated spaces only. B. There shall be no parking between 10:00 p.m. and 5:00 a.m. except by permit issued by the klDirector. C. Any deviation from this section will be by permission of the elDirector and shall be conspicuously posted. D.No loitering or obstructing of flow of traffic will be allowed in the parking lot by any pPerson or pPersons. E. No pPerson shall obstruct or cause to be obstructed any entrance or exit in the parking lot. F. No trailers or similar vehicles will be allowed in the parking lot except by permit issued by the t1Director. G.Fees for parking shall be established by resolution of the City Council. H.Any vehicle leaving the parking lot and returning will be required to pay on re-entering. I. Number of parking permits per concession owner will be determined by the elnirector. J. The E1Director shall have the authority to designate reserved parking areas in City-owned and/or operated bBeach pParking K. No unauthorized vehicle shall park in a reserved parking area where signs are posted giving notice of such reserved parking. (3606-6/03) 16-5399/146219/SF 9 HB -73-Item 6. - 45 13.08.310 Fishing From the Pier Fishing is allowed from the pPier, but the following acts are prohibited: A. Overhead Casting. Cast a fishing line, either with or without a fishing pole, over the top railing of the pPier. B. Negligent Casting. No pPerson shall cast in the water adjacent to the pPier or on the pPier, a fishing line, lobster trap, crab trap, any mussel hook, or any other such device in such a manner as to create a hazard to any other pPerson. C. Extra Lines. No pPerson shall have more than two fishing lines in the water under or near the pPier at one time. 0. Projecting Poles. No pPerson shall allow or permit any fishing pole to extend inward from the pPier rail to a distance of more than four feet. E. Cleaning of Fish or Mussel. No pPerson shall place, cut or clean any fish, mussel or bait, or any other marine life directly upon any bench or seat placed upon the 'Pier or upon the floor or railings of the pPier except in the areas provided therefor. F. Lobster Traps. No pPerson shall have more than two traps in the water under or near the pPier at any one time. A pPerson shall attend said traps at all times. G. Feeding Wildlife. No pPerson shall provide food, bait or other material in a manner as to feed wildlife upon the pPier. H. Fishing from Closed Area. No pPerson shall set up or cast a fishing line in areas on the pPier that have been closed to fishing. I. No pPerson shall use the pPier railing for leverage to pull fishing line, lobster trap, any mussel hook, or other such device in such a manner as to create a hazard to any other i3Person or cause damage to the pPier railing. (3606-6/03) 13.08.330 Removal of Sand No pPerson shall remove, or cause to be removed from the bBeach, or Pacific Ocean, any sand without written permission from the director. (1306-3/67, 3606-6/03) 13.08.340 Glass Containers on the Beach No person shall have, possess or use any dangerous article or container such as a bottle, glass, crockery or similar object upon the bBeach, Adjacent Beach Area, or in thc Water Activity Zone. (2882-12/86, 3606-6/03) 13.08.350 Beach and Ocean Closure—Authority A. The dDirector shall have the authority to close any bBeach, Adjacent Beach Area, harbor, or ocean waters of the Pacific Ocean in order to protect the public health, safety, and welfare. Such closure shall be effective when notice of closure is given through any of the following methods: 1. Signs stating that thebBeach is closed or that swimming is prohibited, or depicting a swimmer and a red circle with a slash through the circle, or otherwise advising of closure; 16-5399/146219/SF 10 HB -74-Item 6. - 46 2. Public address announcements; 3. Oral or written notice from the dDirector, any marine safety officer, lifeguard, or other authorized agent; or 4. Any other device or announcement reasonably communicating such closure. B. No pPerson shall enter, remain in, or fail or refuse to leave a closed area of the beach. Adjacent Beach Area, harbor, or the Pacific Ocean while such restriction is in effect. (3101- 5/91, 3606-6/03) 13.08.360 Enforcing Officer This chapter shall be enforced by the ElDirector, as well as by peace officers having jurisdiction of any area in which a violation of any provision of this title takes place. (3606-6/03) 13.08.370 Violation—Penalty Any pPerson violating any provision of this chapter shall, upon conviction, be guilty of a misdemeanor, and subject to a fine of not more than $500.00 or be imprisoned for a period not to exceed six months, or by both such fine and imprisonment. (3606-6/03) 13.08.380 Violation—Alternative Remedies Any violation of any provisions of this chapter shall subject the violator to ejection from the premises of the area in which the violation occurs. (3606-6/03) 16-5399/146219/SF 11 HB -75-Item 6. - 47 ORDINANCE NO. 4119 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 13.10 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO CAMPING ON PUBLIC PROPERTY The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 13.10 of the Huntington Beach Municipal Code is hereby amended to read as follows: Chapter 13.10 CAMPING 13.10.010 Purpose. The streets and public areas within the City should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. Such activity can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas. Camping on private property without the consent of the owner, proper sanitary measures and for other than a minimal duration adversely affects private property rights as well as public health, safety, and welfare of the City. The purpose of this chapter is to maintain streets, parks and other public and private areas within the City in a clean, sanitary and accessible condition and to adequately protect the health, safety and public welfare of the community, while recognizing that, subject to reasonable conditions, camping and camp facilities associated with special events can be beneficial to the cultural and educational climate in the City. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property. 13.10.020 Definitions. Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. "Camp" means to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia. "Camp facilities" include, but are not limited to, tents, huts, vehicles, vehicle camping outfits or temporary shelter. "Camp paraphernalia" includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment. 16-5399/144821/my 1 HB -76-Item 6. - 48 ORDINANCE NO. 4119 "City Manager" means the City Manager or designee. -Establish" means setting up or moving equipment, supplies or materials on to public or private property to "camp" or operate camp facilities. "Maintain" means keeping or permitting equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities. "Operate" means participating or assisting in establishing or maintaining a camp or camp facility. "Park" means the same as defined in Section 12.72.010 of this title. "Private property" means all private property including, but not limited to, streets, sidewalks, alleys, and improved or unimproved land. "Public property" means all public property including, but not limited to, streets, sidewalks, alleys, improved or unimproved land and parks. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. "Street" means the same as defined in Section 12.16.180 of this title. 13.10.030 Unlawful camping. It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia in the following areas: A. Any public property; or B. Any private property. 1. It is not intended by this Chapter to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than one consecutive night. In addition, it is not intended by this Chapter to prohibit overnight camping on public property as required by State or Federal law. 2. Nothing in this chapter is intended to prohibit or make unlawful, activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and provided further, nothing is intended to prohibit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by the Huntington Beach Municipal Code or other laws, ordinances and regulations. MV:16-5399/144821.doc 2 HB -77-Item 6. - 49 ORDINANCE NO. 4119 3. The City Manager may, as provided in Section 13.10.050 of this chapter, issue a temporary permit to allow camping on public or private property in connection with a special event. 13.10.040 Storage of personal property on public and private property. It is unlawful and a public nuisance for any person to store personal property, including camp paraphernalia, in the following areas, except as otherwise provided by resolution of the City council: A. Any public property; or B. Any private property without the written consent of the owner. 13.10.050 Permit for special events required. The City Manager may, in his or her discretion, issue a permit to establish, maintain and operate a camp or a camp facility in connection with a special event. A special event is intended to include, but not be limited to, programs operated by the departments of the City, youth or school events, marathons or other sporting events and scouting activities. The City Manager may consult with various City departments, the health officer and the public prior to issuing any temporary permit. Each department or person consulted may provide comments regarding any health, safety or public welfare concerns and provide recommendations pertaining to the issuance, denial or conditioning of the permit. A reasonable fee, to be set by the City council shall be paid, in advance, by the applicant. The fee shall be returned if the application is denied. In exercising his or her discretion to issue a temporary permit, the City Manager may consider any facts or evidence bearing on the sanitary, health, safety and welfare conditions on or surrounding the area or tract of land upon which the proposed temporary camp or camp facility is to be located. 13.10.060 Posting copy of permit. It is unlawful for any person to establish, maintain, conduct or carry on any camp or camp facility unless there shall be at all times posted in a conspicuous place upon the area or tract of land upon which the camp or camp facility is located a permit obtained from the City Manager in accordance with the provisions of Section 13.10.050 of this chapter. 13.10.070 Power of the City Manager to make rules and regulations. The City Manager is further empowered to ascertain that the operation or maintenance of any camp or camp facilities to which a temporary permit shall apply will in no way jeopardize the public health, safety or welfare and for this purpose may make additional rules and regulations pertaining to their establishment, operation or conduct. The City Manager may also impose conditions on the establishment, maintenance and operation of the camp or camp facility, including, but not limited to, security, sanitation facilities, the number of occupants, posting of bonds or deposits, insurance, quiet hours, duration of the permit, and permitted activities on the MV:16-5399/144821.doc 3 HB -78-Item 6. - 50 APPROVED AS ORM: ity Attorney ITIATED AND APPROV ORDINANCE NO. 4119 premises. When the City Manager shall issue any permit under the terms of Section 13.10.050 of this chapter, the same may be revoked at any time thereafter by the City Manager if the City Manager becomes satisfied that the maintenance or continuing operation of the camp or camp facilities is adverse to the public health, safety and welfare. 13.10.080 Current ordinance provisions. Neither the adoption of the ordinance codified in this chapter nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. 13.10.090 Violations—Penalty Any person who violates any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction shall be punishable as provided in the Huntington Beach Municipal Code. In addition to the remedies set forth in Penal Code Section 370, the City Attorney may institute civil actions to abate a public nuisance under this chapter. 13.10.100 Severability If any provision of this Chapter is rendered illegal or invalid or unenforceable, all other parts of this Chapter shall remain in full force and effect. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2017. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: City Manager Police Chief MV:16-5399/144821, doe 4 HB -79-Item 6. - 51 LEGISLATIVE DRAFT HBMC Chapter 13.10 13.10.010 Purpose and Intent The public parks, beaches, streets, sidewalksand ether public areas within the City should be readily available and accessible and available to residents and the public at large for their intehdeci-purposes. The. use of these areas for camping purposes or storage of personal property interferes with th other ae_rights_of_s_to_nsethe ed.S_ucl_actiyity can constitute ic ighborhoods and • 1. erci, am n • • • ate s ro. - • w • the SI .1 • he ewn II a I" anit measures and for o r than ; 11 11 urati sely.Mets_priyate_p_op_a_rits_as_w_dl as public lfd_m atene_of theCity Tl_ie_purpost_o_ maintain parks and other ublic and rivate areas within the Ci in a clean sanitary and accessible condition an to accLattly_protect liesommim4,AvkLefl that. facilities associated with special events can be beneficial to the cultural and educational climate in the City. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private prop 13.10.020 Definitions :Unless the particular provisions or the context otherwi erequires , the finitioreontain d in tits=tiolLsha_g_o_v_em_the con struction,nemt *catiot,and_app.l isch apter ._ 5,9443 31-te-afea-fer-i+V-Hig-ftee0iiiiiiErflatiOE engage4kplace, pitch or occupy camp facilities, to live temporarily in a camp facility or outdoors; to use camp paraphernai. "Camp facilities" include, but are not limited to, tents, huts, vehicles, vehicle camping outfits or temporary shelter. 16-5399/143764/mv 1 HB -80-Item 6. - 52 3•11-EH-1C-RE Rr-Bri-VELie EH:1-13f+E : • . : - • ' " 31:1-13 DE)eFF Rne-fife8 "Camp paraphernalia" includes, but is not limited to, bedrolls, tarpaulins, cots, beds, hammocks or cooking facilities and similar "City Manager" means the City Manager or designee h. and Pr Street. "Establish" means setting u or moving equipment, supplies or materials on to public or priyatejronertytocani p" or onerate camp aintain" eevin eau' les or m main ulp_r_priyate_proptthjimorder_IQmwigrae_Qampfasilities_, Eirerat " neans_pa civatinz or facility. t...siat EimE or main aininu a camp or cam "Park" means the same as set-fecthdefined in Section 13.18.010 (sec -Park -) 12.72.010 of this eedetitle. "Private property" means all private property including, but not limited to, streets, sktoulLs,Blle Ys._an_d_r_o_v_ccl_prun improve diansi B-LefieFE "Public property" means all public property including, but not limited to, streets, siclewalks roved or unimproved land and parks. "Store - er-sterager means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave at a location. "Street" means the same as defined in the-V-el+iele-C-edeSection 12.16.180 of this title (3964-12/12) 13.10.030 Unlawful Camping in Public Places It is unlawful aid a public nuisance for any person to camp,occuov camp facilities, or use paraphernalia in the following areas Texeept-as-etheFwise-glewed: A. Any public efeaproperty; or B. eivie-eentefAny prijamm- (3964-12/12) 16-53991143764/my 2 HB -81-Item 6. - 53 1. It is notintenc_kd thi s Chanter to prohibit overnigh tpim_onp_r_i_v_Iteiesidential prope rty 'rK he property owner,s_o_lschts and the overnight limite d to not more than one consecutive night. In addition. is inte nded by this Chapter to by State or Federal law. 2. Nothing in this chapter ndedlo_pmlili* make unlawful. activities owner of private pro e or h i er of • prowM_Abatammormally associated with and incidental to the lawful and authorized use of private properly for residential or other purposes; and provided further, nothing is intended to prohibit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by the Huntington Beach Munici al Code or other laws ordinances and re gulations. The Cilvivianager ma as roviae in ur 0.050 of Liapter, issu to 'low cam connection w ith a special event. 13.10.050 Irielations—PenaltyPermit for special events required. " 4441 The City Manager may, in his or her discretion, issue a permit to establish, maintain and operate a camp or a camp facility in connection with a special event, A special event is intended to include, but not be limited to, programs operated by the departments of the City, youth or school events, marathons or other sporting events and scouting activities. The City Manager may consult with various City departments, the health officer and the Dublic prior to issuing any temporary permit. Each department or person consulted may provi • e comments regarding any health, safety or public welfare concerns and provide recommendations pertaining to the issuance, denial or conditioning of the permit. A reasonable fee, to be set by the City Council shall be paid, in advance, by the applicant. The fee shall be returned if the application is denied. In exercising his or her discretion to issue a temporary permit, the City Manager may consider any facts or evidence bearing on the sanitary, health, safety and welfare conditions on or surrounding the area or tract of land upon which the proposed temporary camp or camp facility is to be located. 13.10.060 Posting copy of permit. It is unlawful for any person to establish, maintain, conduct or carry on any camp or camp facility unless there shall be at all times posted in a conspicuous place upon the area or tract of land upon which the camp or camp facility is located a permit obtained from the City Manager in accordance with the provisions of Section 13.10.050 of this chapter. 13.10.070 Power of the City Manager to make rules and regulations. The City Manager is further empowered to ascertain that the operation or maintenance of any camp or camp facilities to which a temporary permit shall ap 11 will in no Wa 16-5399/143764/my HB -82-Item 6. - 54 jeopardize the public health, safety or welfare and for this purpose may make additional rules and regulations pertaining to their establishment, operation or conduct. The City Manager may also impose conditions on the establishment, maintenance and operation of the camp or camp facility, including, but not limited to. security, sanitation facilities, the number of occupants, posting of bonds or deposits, insurance, quiet hours, duration of the mrmil, and permitted activities on the premises. When the City Manager shall issue any permit under the terms of Section 13,10.050 of this chapter, the same may be revoked at any time thereafter by the City Manager if the City Manager becomes satisfied that the maintenance or continuing operation of the camp or camp facilities is adverse to the public health, safety and welfare. 13.10.080 Current ordinance provisions, Neither the adoption gf the ordinance codified in this chapter nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. 13.10.090 Violations—Penalty Any person who violates any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction shall be punishable as provided in the Huntington Beach Municipal Code. In addition to the remedies set forth in Penal Code Section 370, the City Attorney may institute civil actions to abate a public nuisance under this chapter. 13.10.100 Severability If any provision of this Chapter is rendered illegal or invalid or unenforceable. all other parts of this Chapter shall remain in full force and effect. 16-53991143764/mv 4 HB -83-Item 6. - 55 ORDINANCE NO. 4124 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 13.48 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PARK REGULATIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 13.48.010 of the Huntington Beach Municipal Code, entitled "Definitions" is hereby amended to add the following definitions alphabetically: "Smoke or Smoking" means the carrying or holding of a lighted pipe, cigar, cigarette, e-cigarette, or any other lighted smoking product or equipment used to burn any tobacco products, weed, plant, or any other combustible substance. Smoking includes emitting or exhaling the fumes of any pipe, cigar, cigarette, e- cigarette or any other lighted smoking equipment used for burning or vaporizing any tobacco or nicotine product, weed, plant, or any other combustible substance. SECTION 2. Section 13.48.115 is added to Chapter 13.48 to read as follows: "13.48.115 Smoking Boundaries No Person shall Smoke on the Beach or Adjacent Beach Area, Pier or Pier Plaza or Park unless the Director has designated a specific signed smoking area." SECTION 3. This Ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2017. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: City Manager Police Chi SF:16-5399/148093.doc HB -84-Item 6. - 56 LEGISLATIVE DRAFT HBMC Chapter 13.48 13.48.010 Definitions 13.48.010 Definitions For the purposes of this chapter, the following terms shall have the meanings as set forth herein, unless the context in which they are used clearly indicates a contrary meaning: "Alcoholic beverages" means any and all spirituous, vinous, malt or fermented liquor, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing one-half of one percent, or more, of alcohol by volume which are potable or fit as, or which may be used for beverage purposes. "City" means the City of Huntington Beach. "Department" means the Department of Community Services. "Director" means the Director of the Community Services Department or other person(s) authorized by him or her, pursuant to law, to act in his or her stead. "Park" includes every park recreation center, lake, pond or other body of water, riding and hiking trail, parking lot and every other recreation facility owned, managed and/or controlled by the City and under the jurisdiction of the director. "Permission" means written permission, granted by the director or his or her authorized agent. "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, corporation or any other group acting as a unit. "Skateboard" means a board of any material which has wheels attached and such wheels may be used for moving or propulsion. "Skateboard park” means any facility that is designed and maintained for the purpose of recreational skateboard use. cigarette, or any other lighted smoking product or equipment used to burn any tobacco products, weed, plant, or any other combustible substance. Smoking includes emitting or exhaling the fumes of any pipe, cigar, cigarette, e-cigarette or any other lighted smoking equipment used for burning or vaporizing any tobacco or nicotine product, weed, plant, or any other combustible substance. "Sound amplifying system" means and includes any system of electrical hookup or connection, loudspeaker system or equipment, sound amplifying system and any apparatus, equipment, device. instrument or machine designed for or intended to be used for the purpose of amplifying sound or increasing the volume of the human voice, musical tone, vibration, or sound wave. This definition shall not apply to the regular and customary use of portable radios, televisions, record players or tape recorders played or operated in such places at such times so as not to disturb other persons in their permitted uses of the park. (1246-10/66, 2451-11/80, 3181-1/92) 16-5399/149386 HB -85-Item 6. - 57 13.48.115 Smoking Boundaries No Person shall Smoke on the Beach or Adjacent Beach Area, Pier or Pier Plaza or Park unless the Director has designated a specific signed smoking area. 16-53991149386 2 HB -86-Item 6. - 58 ORDINANCE NO. 4129 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 8.21 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO REFUSE MANAGEMENT The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 8.21.040 of the Huntington Beach Municipal Code is hereby amended to read as follows: 8.21.040 Littering/Dumping of Refuse or Waste Prohibited (a) It shall be unlawful for any person to cast, deposit, place, sweep, throw, discard or leave any refuse or cause such refuse to be cast, deposited, swept, placed, thrown, discarded or left in any place, public or private, within the City, without the express perrnission of the owner of the premises. (b) No person shall throw, discard or deposit infectious or potentially infectious waste in any amount on any public street, sidewalk, beach, park or other public property within the City, or private property within the City not owned by the person, or in or upon any body of water within the jurisdiction of the City; "Infectious waste" refers to all waste materials which are defined as being injurious to the public health or safety by federal, state, or county statutes, legislation, policies, or rules and regulations as they may be amended from time to time. Examples include, but are not limited to: a. hypodermic needles, pen needles, intravenous needles, syringes, lancets and other instruments used to administer medication or otherwise designed to cut or pierce the skin, b. disposable diapers, rags, or other materials used to clean areas infected by human or animal waste or fluids, c. other materials contaminated with or exposed to infected or contagious individuals, animals or materials, d. any material that contains human excrement, waste, blood or other fluid, e. unused, unwanted or expired prescription medications or other controlled dangerous substances that can be ingested by humans or animals, bottles that contain or previously contained such medications or substances, or other medical supplies used to facilitate the taking of such substances. 1 MD:16-5399/152825.doc HB -87-Item 6. - 59 City Clerk ATTEST: City Attorney ORDINANCE NO. 4129 (c) Penalty. Subsections (a) and (b) apply to all persons within the City and is in addition to any other anti-littering and/or dumping and/or waste provisions as provided in federal, state, or county law or provided within this Code. Any person who purposely or knowingly violates subsection (b) shall, upon conviction thereof, be guilty of a misdemeanor and subject to a fine not to exceed $1,000.00 or be imprisoned for a period not to exceed six months, or both. Subsection (a) is an infraction subject to the penalties outlined in section 1.16.040 of this Code. SECTION 2. This Ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2017. Mayor APPROVED AS TO FORM: REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager Police Chief MD:16-5399/152825.doc HB -88-Item 6. - 60 Blat-_-RifteeEk-fff LEGISLATIVE DRAFT HBMC CHAPTER 8.21 8.-2-1T040-Dumpi-ng-ef-Ref-tt3e-Pfehi-bit-ed aema 8.21.040 Littering/Dumping of Refuse or Waste Prohibited (a) It shall be unlawful for any person to cast, deposit, place, sweep, throw, discard or leave any refuse or cause such refuse to be cast, deposited, swept, placed, thrown, discarded or left in any place, public or private, within the City, without the express permission of the owner of the premises. (b) No person shall throw, discard or deposit infectious or potential y infectious waste in any amount on any public street, sidewalk, beach, park or other public property within the City, or private property within the City not owned by the person, or in or upon any body of water within the jurisdiction of the City:, "Infectious waste" refers to all waste materials which are defined as being injurious to the public health or safety by federal, state, or county statutes, legislation, policies, or rules and regulations as the m be amended fr m j e to time Exdes include bu ot limited to: a. hypodermic needles, pen needles, intravenous needles, syringes, lancets and other instruments used to administer medication or otherwise designed to cut or pierce the skin, b. disposable diapers, rags, or other materials used to clean areas infected by human or animal waste or fluids, c. other materials contaminated with or exposed to infected or contagious individuals, animals or materials, d. any material that contains human excrement, waste, blood or other fluid, e. unused, unwanted or expired prescription medications or other controlled dangerous substances that can be ingested by humans or animals, bottles that contain or previously contained such medications or substances, or other medical supplies used to facilitate the taking of such substances (c) Penalty. Subsections (a) and (b) apply to all persons within the City and is in addition to any other anti-littering and/or dumping and/or waste provisions as provided in federal, state, or county law or provided within this Code. Any person who purposely or knowingly violates subsection (b) shall, upon conviction thereof, be guilty of a misdemeanor and subject to a fine not to exceed $1,000.00 or be imprisoned for a period not to exceed six months, or both. Subsection (a) is an infraction subject to the penalties outlined in section 1.16.040 of this Code. 1 MD/16-5399/152820.docx HB -89-Item 6. - 61 RESOLUTION NO. 2017-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REGARDING THE ADMINISTRATIVE PROCEDURE FOR THE REMOVAL OF UNLAWFUL CAMPSITES, BULKY ITEMS, AND PERSONAL PROPERTY WHEREAS, on March 20, 2017, the City Council adopted Ordinance No 4119 regarding Camping, and Unattended Property; and In addition to the proliferation of camping on public property which obstructs access by pedestrians and by emergency vehicles, individuals camping frequently urinate and defecate on City property (and nearby private property) causing unsanitary conditions to persist within the area of the camping creating an environment for the spread of disease and bacteria; and The City Council contemplated that concurrently with adopting Ordinance No 4119, it would adopt administrative procedures that would provide community outreach and supportive services and advance notice to affected individuals as to the provisions of the Ordinances and would provide guidance and assistance in complying with such requirements within a reasonable time after notice; and Through the Ordinances, the City Council hereby declares its intent to prevent the misappropriation of City property for personal use and to promote the public health, safety, and welfare by ensuring that City property remains in a clean, sanitary, and accessible condition; and The City Council finds and determines that this Administrative Procedure declares the City's intent and its procedures for implementation and enforcement of the Ordinances, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: ADMINISTRATIVE PROCEDURE FOR THE REMOVAL OF PERSONAL PROPERTY STORED ON CITY PROPERTY PURPOSE: 1. This Administrative Procedure will guide implementation and enforcement of Chapters 12.32 and 13.10 of the Huntington Beach Municipal Code which prohibits camping and the storing of personal property on public property, and also prohibit sitting and lying down on certain public ways. This Procedure requires outreach to affected individuals, referral of individuals to supportive services, reasonable advance notice to affected individuals of the deadlines by which they are to remove their personal property from public property, the deadline by which the personal property that has been removed must be picked up from City storage before it will be destroyed, and an exception to permit the temporary use of tents, sleeping bags, and sleeping overnight between 10:00 p.m. and 6:00 a.m. the next morning in certain areas of the City. 1 SF:16-5399/142714 HB -90-Item 6. - 62 2. EXCEPTION - TEMPORARY TENTS AT NIGHT FOR SHELTER-RELATED OUTREACH: 13.10 of the Huntington Beach Municipal Code prohibit camping and lying down on public property throughout the City. Notwithstanding that prohibition, this Administrative Procedure exempts homeless individuals from camping on City property overnight in order for them to have shelter at night, as long as those items are removed from City property by 6:00 a.m. the next morning, and the individuals are not violating any other laws. Further, no camping is permitted at any time at the Civic Center, the Pier, Pier Plaza, Downtown Huntington Beach, any public or private school. 3. The "Outreach" section below describes how the City will engage other agencies and keep a current inventory of available shelter beds at any given point in time, direct persons in need to these resources, and continue to support these shelter and housing efforts directly with its assets and indirectly through its various service funding efforts. 4. This policy is a fluid document that may be updated and revised from time-to- time by the City Manager or his designee, as needed, to adapt to the needs of the community and the City. 5. REPORTING AN UNLAWFUL CAMPING: All reports of the unlawful storage of personal property on City property, including homeless camping on City property, are to be directed to the Police Chief of his or her designee. 6. The Huntington Beach Police Department may conduct a site visit, and document the camping activities. The Huntington Beach Police Department may initiate a cleanup strategy based primarily on the threat to others or property. If there is an apparent immediate threat to the public health, safety, or welfare, or immediate threat to others, themselves, or to private or public property, an immediate response may be initiated and the conditions giving rise to the immediate threat shall be documented in writing. 7. Cleanup of unlawful camping will, whenever possible, include an outreach strategy for those camping. The purpose of the outreach is to unite and engage the appropriate social service providers (employed by agencies other than the City) with the needs of persons camping. Storage bags will be provided prior to the removal or personal property for storage upon request. 8. Concurrently with cleanup of the unlawful camping, pursuant to Chapter 13.10 of the Municipal Code, the City shall post and provide a notice, entitled "Notice of Clean-Up" which states: a. A general description of the personal property to be removed and the location from which the personal property will be removed; 2 SF:16-5399/142714 HB -91-Item 6. - 63 b. A statement that the personal property in the Public Area is currently being stored in violation of the Huntington Beach Municipal Code; c. Describe where the removed personal property will be stored, if not removed by the deadline listed in the notice; d. Personal property not recovered after 90 days of City storage will be deemed abandoned and destroyed. e. If any form of prescription medications, prescription eye glasses, or personal identification (drivers licenses, birth certificates, social security cards, etc.) is found, such items shall be placed safely aside for the City representative to manage. If at all possible, the owner of these types of items shall be located during the cleanup and reunited with their items. If the owner cannot be found on-site, the items will be given to a social service provider for custody or if necessary, be taken back to the Public Works Office until the owner is found, and held for at least 90-days. f. Any Bulky Items (couch, mattress or other property too large to be stored in a garbage receptacle), and trash, garbage, or other waste and/or insect infested items not suitable for storage or for continued use shall be sorted into piles and disposed of or recycled appropriately. g. Individuals affected by the clean-up can call the Huntington Beach Police Department at 714-536-5944 and arrange to retrieve their personal property from the City. h. Individuals whose personal property has been removed and stored by the City will not be fined, charged or otherwise cited by the City for its cost to move and store it. i. Personal Property will be stored for 90-days from the Date written above and if not recovered within that time will be deemed abandoned and will be destroyed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2017. 3 SF: 6-5399/142714 HB -92-Item 6. - 64 Citi Attorney :The City Manager Mayor REVIEWED AND APPROVED: APPROVED TO FORM: 4 INITIATED AND APPROVE Police Chief SF:16 -5399/142714 HB -93-Item 6. - 65 HB -94-Item 6. - 66 HB -95-Item 6. - 67 HB -96-Item 6. - 68 HB -97-Item 6. - 69 HB -98-Item 6. - 70 HB -99-Item 6. - 71 HB -100-Item 6. - 72 HB -101-Item 6. - 73 HB -102-Item 6. - 74 HB -103-Item 6. - 75 HB -104-Item 6. - 76 Dept. ID CD 17-002 Page 1 of 6 Meeting Date: 4/17/2017 Statement of Issue: Transmitted for your consideration is Conditional Use Permit No. 16-045, a request by Heather Anderson, to reestablish a restaurant (HQ Gastropub) at 155 Fifth Street, #183, with on-site sales and consumption of alcohol in a vacant 5,431-square-foot tenant space; amend Condition No. 1 from City Council Resolution No. 2013-24, Exhibit A, to allow the restaurant to operate until 2:00 am three days a week in lieu of operating between 7:00 am and 12:00 am daily as required; and make improvements to the existing building façade for the new restaurant. The Planning Commission and staff are recommending approval of the CUP; compliance with all conditions of approval from City Council Resolution No. 2013-24, Exhibit A, including Condition No. 1, which requires the restaurant close at 12:00 am midnight; and approval of façade improvements with findings and conditions of approval. Financial Impact: Not applicable. Planning Commission and Staff Recommended Action: Approve Conditional Use Permit No. 16-045 to reestablish a restaurant (HQ Gastropub), with on- site sales and consumption of alcohol in a vacant tenant space, and require compliance with all conditions of approval from City Council Resolution No. 2013-24, Exhibit A, including Condition No. 1, which requires the restaurant to close at 12:00 am midnight, with findings and conditions of approval (ATTACHMENT NO. 1). Alternative Action(s): The City Council may make the following alternative motion(s): 1. Approve Conditional Use Permit No. 16-045 to reestablish a restaurant (HQ Gastropub), with on-site sales and consumption of alcohol in a vacant tenant space, and require compliance with all conditions of approval from City Council Resolution No. 2013-24, Exhibit A, except Condition No. 1 and allow the restaurant to operate until 2:00 am three days a week, with findings and revised conditions of approval (Applicant’s Request). 2. Continue Conditional Use Permit No. 16-045 and direct staff accordingly. 3. Deny Conditional Use Permit No. 16-045 with findings for denial. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 4/17/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Community Development SUBJECT: Approve Conditional Use Permit (CUP) No. 16-045 (HQ Gastropub) located at 155 Fifth Street, #183 (north side of Pacific Coast Highway between Fifth Street and Sixth Street – The Strand) and require compliance with all conditions of approval from Resolution No. 2013-24, Exhibit A HB -105-Item 7. - 1 Dept. ID CD 17-002 Page 2 of 6 Meeting Date: 4/17/2017 Analysis: A. PROJECT PROPOSAL: Applicant: Heather Anderson, 3195B Airport Loop Drive, Costa Mesa, CA 92626 Property Owner: Capref Strand LLC, 8343 Douglas Avenue, Suite 200, Dallas, TX 75225 Business Owner: Jeffrey Harwin, President, HQ Gastropub Two, LLC, 5023 N Parkway Calabasas, Calabasas, CA 91302 Location: 155 5th Street, #183, 92648 (north side of Pacific Coast Highway between 5th Street and 6th Street – The Strand) Conditional Use Permit No. 16-045 represents a request for the following: 1) To reestablish a restaurant with on-site sales and consumption of alcohol (HQ Gastropub) in a vacant 5,431-square-foot tenant space, pursuant to CUP No. 99-045 conditions of approval no. 13 and 15, and Specific Plan No. 5 Section 3.3.1.4. The subject tenant space was previously occupied by a restaurant that sold alcohol for on-site consumption; however, this restaurant ceased operation for more than 12 consecutive months. Therefore, the previous Conditional Use Permit (CUP No. 07-021) expired, and a new CUP is required to reestablish a restaurant with alcohol sales. 2) To operate a restaurant with alcohol sales until 2:00 am three days a week. City Council Resolution No. 2013-24, Exhibit A, Condition No. 1 (ATTACHMENT NO. 6) specifically limits restaurants in the Downtown Specific Plan District 1 to operate between the hours of 7:00 am and 12:00 am only. Therefore, the applicant requests an amendment to this condition to allow the restaurant to operate past 12:00 am three days a week as seen in the table below. The resolution specifically gives authority to the City Council to amend the resolution conditions. PROPOPSED BUSINESS HOURS OF OPERATION DAY HOURS Monday – Wednesday 11:30 am – 12:00 am Thursday – Saturday 11:30 am – 2:00 am Sunday 9:30 am – 12:00 am 3) To improve the building façade for the new restaurant, which includes the installation of a wood door, hydraulic bi-fold window system, brick veneer, and metal canopies. The proposed window system will allow windows to completely open to the exterior, allowing unobscured views of the ocean and beach. With this request, the applicant intends to establish a restaurant or “gastropub” in downtown, which focuses on a full menu of high quality food with a vast selection of craft beers, wines, and distilled spirits from the around the world. This new restaurant will generally maintain the same layout as the previous restaurant, which includes 2,238 square feet of dining area, 823 square feet of bar area, and 2,370 square feet of kitchen, office, storage, and restroom areas. Live entertainment and patron dancing are not offered on the premises. Televisions are proposed in the establishment that will display pre-recorded music videos. For more information, refer to the project narrative submitted by the applicant (ATTACHMENT NO. 3). HB -106-Item 7. - 2 Dept. ID CD 17-002 Page 3 of 6 Meeting Date: 4/17/2017 B. BACKGROUND: Restaurant Background The project site has been occupied by restaurant uses since 2009. On August 14, 2007, the Planning Commission approved Conditional Use Permit No. 07-021 (Attachment No. 5) to allow on- site sale and consumption of alcoholic beverages in the subject location. On May 20, 2015, the restaurant ceased operation, according to Business License records. The exercise of rights granted by Conditional Use Permit No. 07-021 discontinued for 12 consecutive months, therefore, the CUP expired on May 20, 2016. Resolution No. 2013-24 Background On July 1, 2013, the City Council adopted Resolution No. 2013-24, which established standard conditions of approval for Conditional Use Permits involving alcoholic beverage sales and/or live entertainment in the Downtown Specific Plan District 1 area. Some of the conditions include, but are not limited to, the following: - Limiting hours of operation to between 7:00 am to 12:00 am midnight; - Requiring a minimum floor area that is designated for dining; - Establishing a minimum seating capacity within the dining area; - Requiring the service of food during business hours; and - Establishing parameters for the sales and service of alcohol. These standard conditions were established to address public safety, as well as the growing presence of nightclubs and bars, in the downtown area. Also, they were adopted by the Council to specifically prevent the proliferation of bars and nightclubs in downtown. At the time of adoption, all existing eating and drinking establishments in downtown were not subject to the conditions of the resolution. However, these conditions are applied to new requests for eating and drinking establishments with alcohol sales and/or live entertainment, as well as amendments to existing Conditional Use Permits. Additionally, any amendments (or deviations) to the conditions of the resolution may only be approved by the City Council. C. PLANNING COMMISSION MEETING: On March 14, 2017, the Planning Commission considered Conditional Use Permit No. 16-045 at a duly noticed public hearing. Staff presented an overview of the proposed land uses, and explained the request to amend Condition No. 1 from City Council Resolution No. 2013-24. Three proponents of the proposed restaurant spoke during the public hearing, and the following points were made: – On 5th Street there are only three other eating and drinking establishments with liquor licenses that close between 11:00 pm and midnight. – The Strand presently employs on-site security. – A Police substation is in proximity to the restaurant on 5th Street and Walnut Avenue. – The previous restaurant tenant, RA Sushi, was open until 2:00 am. – Higher price points will attract more sophisticated patrons, not college-age patrons. – The floor layout includes primarily dining area, not bar seating. Following the public hearing, the Commissioners discussed the following issues: – Potential impact upon Police response times due to the restaurant’s location away from the downtown core. – Compatibility of the proposed façade improvements, specifically the brick veneer. – Abandonment and expiration of the previous Conditional Use Permit (CUP 07-021). HB -107-Item 7. - 3 Dept. ID CD 17-002 Page 4 of 6 Meeting Date: 4/17/2017 – The appropriate time for closing bi-fold windows. – Mechanisms for enforcement of late night happy hours. – The number of enforcement officers available to monitor compliance with conditions of approval. – The potential obstruction of the public right-of-way when bi-fold windows are open. – The erratic and raucous atmosphere in downtown due to younger crowds in the evening and late night hours. – The absence of live entertainment on the premises. – The importance of catering to hotel guests by attracting desirable businesses to downtown. – Orientation of the restaurant towards Pacific Coast Highway. – The importance for downtown businesses to be profitable and competitive especially after the development of Pacific City. – The City needs to be business friendly, and cannot always say no. Planning Commission Action on March 14, 2017 The motion made by Commissioner Scandura, seconded by Commissioner Kalmick, to recommend approval of Conditional Use Permit No. 16-045, and recommend compliance with all conditions of approval from City Council Resolution No. 2013-24, Exhibit A, including Condition No. 1, which requires the restaurant close at 12:00 am midnight, with suggested findings and conditions of approval (ATTACHMENT NO. 1), and forward to the City Council for action, carried by the following vote: AYES: Crowe, Garcia, Grant, Kalmick, Scandura NOES: Mandic ABSENT: Dominguez ABSTAIN: None D. STAFF ANALYSIS AND RECOMMENDATION: Land Use Compatibility The proposed restaurant with on-site sales and consumption of alcohol (beer, wine, and distilled spirits) is located in an existing mixed-use development which includes retail, office, food, service, and hotel uses. Hotel rooms are located immediately above the restaurant. In addition, the nearest residential uses to the restaurant entrance are approximately 300 feet away (walking distance) on 6th Street, which is northwest of the project site. Although residents and hotel occupants are nearby, the proposed location has proven suitable for a restaurant use with on-site sales and consumption of alcohol. For approximately eight years, the subject tenant space was occupied by a restaurant that sold alcohol for on-site consumption. The hours of operation for this restaurant were between 11:00 am and 1:00 am, Sunday through Thursday, and between 11:00 am and 2:00 am, Friday and Saturday. The Police Department indicated the establishment was never a problem. An existing parking structure for patrons of The Strand also minimizes disturbances to nearby residents by increasing the likelihood that motorists will not park on adjoining residential streets. Furthermore, the restaurant is required to comply with all provisions of Huntington Beach Municipal Code Chapter 8.40 Noise Control. Finally, to ensure the proposed restaurant will remain compatible with surrounding land uses, conditions are suggested requiring bi-fold windows along the storefront to be closed between the hours of 10:00 pm and 7:00 am daily. HB -108-Item 7. - 4 Dept. ID CD 17-002 Page 5 of 6 Meeting Date: 4/17/2017 Business Characteristics and Operation Characteristics of the business and operation indicate the primary use will remain restaurant. A full menu of prepared food items for on-site consumption is served during business hours. No outdoor dining area is proposed, indicating the consumption of alcohol will be contained within the building interior. Additionally, live entertainment and patron dancing is not offered on the premises, and proposed televisions will display pre-recorded music videos. Finally, the floor layout dedicates 3,061 square feet of restaurant floor area to customer dining and bar area. Approximately 73% of this area (2,238 square feet) is dedicated to dining area, and 27% (823 square feet) to bar area. The remaining restaurant floor area is dedicated to restrooms, offices, storage, and a complete kitchen with food preparation area. The floor layout remains generally the same as the previous restaurant; however, the existing bar will be separated into two smaller bar areas. This will not result in a net increase in bar area. This layout demonstrates the business will continue to operate as a restaurant where on-site sales and consumption of food is the primary activity. Therefore, it is evident the request for alcohol is ancillary to the primary restaurant use and will serve to augment the overall dining experience. The Police Department reviewed the characteristics of the business and operation, and suggested several conditions of approval to ensure the establishment will continue to operate as a restaurant that will not affect surrounding properties. Such conditions require availability of food service until at least one hour before closing time, the service of alcoholic beverages within the interior of the restaurant only, the prohibition of dancing and entertainment, illumination and security cameras, and compliance with all applicable laws. Alternative Motion (Applicant’s Request) City Council Resolution No. 2013-24, Exhibit A, Condition No. 1 requires the new restaurant to cease operation at 12:00 am daily. The intent is to ensure the business continues to operate as a restaurant, and preclude its conversion into a bar or nightclub. The Police Department and Community Development Department are not opposed to the applicant’s request to remain open until 2:00 am three days a week. Extended hours are not anticipated to impact the surrounding neighborhood as discussed previously, and a new Conditional Use Permit offers the City Council an opportunity to impose other conditions upon the approval to achieve the same intent of Resolution No. 2013-24. For this reason, the Planning Commission and staff recommend the proposed restaurant comply with all conditions of approval from Resolution No. 2013-24, Exhibit A, including the limitations upon hours of operation. Should the City Council approve the applicant’s request, the Council may wish to modify condition of approval number five pertaining to revocation proceedings as follows: “The Planning Commission reserves the right to revoke A revocation hearing shall be scheduled to consider the revocation of Conditional Use Permit No. 16-045, pursuant to a public hearing for revocation provisions for revocation in the Huntington Beach Zoning and Subdivision Ordinance, if any substantiated and frequent violation of the conditions of approval of Conditional Use Permit No. 16-045 or Entertainment Permit, Huntington Beach Zoning and Subdivision Ordinance, or Municipal Code, or any other laws occurs.” E. SUMMARY: In summary, the Planning Commission and staff recommend approval of Conditional Use Permit No. 16-045; and recommend compliance with all standard conditions of approval from City Council Resolution No. 2013-24, Exhibit A, including Condition No. 1 requiring the restaurant to close at 12:00 am midnight, based upon the following: HB -109-Item 7. - 5 Dept. ID CD 17-002 Page 6 of 6 Meeting Date: 4/17/2017 – The previous use was a restaurant with alcohol sales and late night hours. – The restaurant is compatible with surrounding uses due to the orientation of the establishment, and characteristics of the business operation. – Parking is located in a dedicated parking structure, thereby minimizing street parking in front of residences. – The floor plan is indicative of a restaurant, and not a bar or nightclub. – The Resolution conditions were adopted by the Council to specifically prevent the proliferation of bars and nightclubs in downtown. Environmental Status: The proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 Existing Facilities, because the project involves a minor alteration to the operation of an existing development involving negligible expansion of an existing use. Strategic Plan Goal: Improve quality of life Attachment(s): 1. Suggested Findings and Conditions of Approval – CUP No. 16-045 2. Site Plan, Floor Plan, Building Elevations, Colored Rendering, and Canopy Details received and dated February 16, 2017 3. Project Narrative received and dated January 31, 2017 4. Code Requirements Letter dated February 16, 2017 (for informational purposes only) 5. Notice of Action for Conditional Use Permit No. 07-021 dated August 16, 2007 6. City Council Resolution No. 2013-24 7. Written e-mail communication from Richard Thorpe received March 1, 2017 8. Written e-mail communication from Richardson Gray received March 3, 2017 9. Planning Commission Staff Report dated March 14, 2017 10. Planning Commission Notice of Action dated March 14, 2017 11. PowerPoint Presentation – HQ Gastropub SH:JJ:CW:kdc HB -110-Item 7. - 6 4/17/2017 Attachment 1.1 ATTACHMENT NO. 1 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 16-045 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds the project will not have a significant effect on the environment, and is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 Existing Facilities, because the project involves a minor alteration to the operation of an existing development involving negligible expansion of an existing use. SUGGESTED FINDINGS FOR APPROVAL – CONDITIONAL USE PERMIT NO. 16-045: 1. Conditional Use Permit No. 16-045, which reestablishes on-site sales and consumption of alcoholic beverages (beer, wine, and distilled spirits) in a 5,431-square-foot eating and drinking establishment, will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood with conditions of approval. Even with alcohol, characteristics of the business and operation indicate the primary use will remain restaurant. A full menu of prepared food items for on-site consumption is served during business hours. No outdoor dining area is proposed, indicating the consumption of alcohol will be contained within the building interior. Additionally, live entertainment and patron dancing is not offered on the premises. Finally, the floor layout dedicates 3,061 square feet of restaurant floor area to customer dining and bar area. Approximately 73% of this area (2,238 square feet) is dedicated to dining, and 27% (823 square feet) to bar. The remaining restaurant floor area (2,370 square feet) is dedicated to restrooms, offices, storage, and a complete kitchen with food preparation area. Therefore, it is evident the request for alcohol is ancillary to the primary restaurant use and will serve to augment the overall dining experience. Such a use will not be detrimental to the welfare of persons in the vicinity and will help sustain a vital area for business activity that serves the community. To ensure the proposed use will remain incidental to the primary restaurant use, conditions are included which limit the use and manner in which beer, wine, and distilled spirits may be sold and consumed. Such conditions require availability of food service until at least one hour before closing time, the service of alcoholic beverages within the interior of the restaurant only, the prohibition of dancing and entertainment, illumination and security cameras, and compliance with all applicable laws. 2. On-site sales and consumption of alcoholic beverages (beer, wine, and distilled spirits) in a new restaurant will be compatible with surrounding land uses. The project site is located within an existing commercial development with a mix of retail, office, food, service, and hotel uses. The nearest residential uses to the restaurant are approximately 300 feet away to the northwest on 6th Street. These residences are buffered from the subject commercial activity because the tenant storefront is oriented towards Pacific Coast Highway and the Pacific Ocean. In addition, parking is available in a parking structure that serves The Strand. It is anticipated patrons will park in the structure rather than on the street in front of residences. Furthermore, the proposed location has proven suitable for a restaurant use with on-site sales and consumption of alcohol. For approximately eight years, the subject tenant space was occupied by a restaurant that sold alcohol for on-site consumption. The HB -111-Item 7. - 7 4/17/2017 Attachment 1.2 Police Department indicated the establishment was never a problem. Therefore, the proposed restaurant use with on-site sales, service, and consumption of alcohol is compatible with surrounding uses. 3. The request to permit on-site sales and consumption of alcoholic beverages (beer, wine, and distilled spirits) in a new restaurant complies with Specific Plan No. 5 (SP5) zoning district standards, applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and specific conditions required for the proposed use from Resolution No. 2013-24. 4. The granting of a Conditional Use Permit to allow on-site sales and consumption of alcoholic beverages (beer, wine, and distilled spirits) within a new eating and drinking establishment is consistent with the General Plan. The General Plan Land Use Map designates the subject property as M-sp-d (Mixed Use – Specific Plan Overlay – Special Design Standards Overlay). The proposed project, as conditioned, is consistent with this designation and the policies, objectives, and goal of the City’s General Plan as follows: A. Land Use Element Objective LU 7.1 Accommodate the development of a balance of land uses that (a) provides for the housing, commercial, employment, cultural, entertainment, and recreation needs of existing and future residents, (b) provides employment opportunities for residents of the City and surrounding sub-region, (c) captures visitor and tourist activity, and (d) provides open space and aesthetic relief from urban development. Policy LU 10.1.8 Require that entertainment, drinking establishments, and other similar uses provide adequate physical and safety measures to prevent negative impacts on adjacent properties. Goal LU 11 Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services, and entertainment, and reduce the need for automobile use. Eating and drinking establishments contribute to the economic vibrancy of downtown by serving the commercial, employment, entertainment, and recreation needs of nearby residents and visitors. By allowing on-site sales and consumption of alcohol, this will serve to accommodate and facilitate the success of the proposed eating and drinking establishment. With conditions of approval, on-site sales and consumption of alcohol will be compatible with the land uses in the surrounding neighborhood while providing a service that is responsive to market needs. Conditions have been added to the permit which limits the use and manner in which alcohol may be sold and consumed, and limits the business hours of operation consistent with Resolution No. 2013-24. This will allow alcohol sale and consumption in a safe manner for customers and residents of the surrounding area. Thus, the sale of beer, wine, and distilled spirits for on-site consumption is consistent with goals, objectives, and policies of the General Plan. B. Economic Development Element Policy ED 2.4.3 Encourage the expansion of the range of goods and services provided in Huntington Beach to accommodate the needs of all residents in Huntington Beach and the market place. HB -112-Item 7. - 8 4/17/2017 Attachment 1.3 Objective ED 2.6 Expand and enhance the existing visitor serving uses. Policy ED 3.2.3 Attract visitor-serving uses near the beach in order to create better linkages between the beach and visitor supporting retail uses. The project site is located across the street from the beach and in the City’s downtown area, which has evolved into a pedestrian-friendly urban village containing a mix of restaurants, retail, and entertainment uses. Allowing on-site sales and consumption of alcohol in a new restaurant will preserve and enhance the range of goods and services provided in this downtown area near the beach. Therefore, the proposed use will facilitate continued viability of the existing commercial center (The Strand), and attract visitors from beyond the region. C. Noise Element Objective N 1.8 Minimize the generation of excessive noise level impacts from entertainment and restaurant/bar establishments into adjacent residential or “noise sensitive” land uses. Policy N 1.8.1 Require that entertainment and restaurant/bar uses take appropriate steps to control the activities of their patrons on-site, as well as within a reasonable and legally justified distance or proximity, to minimize potential noise-related impacts on adjacent residential neighborhoods. The nearest residences are located on 6th Street, approximately 300 feet away and northwest of the project site. However, the subject restaurant is located along Pacific Coast Highway, which is a State Facility, and oriented towards the Pacific Ocean away from residential areas. In addition, The Strand includes a dedicated parking structure for patrons, thereby reducing noise disturbances from patrons and motorists. Consideration has also been given to occupants of the hotel located above the establishment. Conditions have been imposed that will minimize potential significant noise impacts to these occupants. Therefore, on-site sales and consumption of alcohol is not anticipated to generate noise that will significantly impact surrounding uses as conditioned. SUGGESTED CONDITIONS OF APPROVAL – CONDITIONAL USE PERMIT NO. 16-045: 1. The site plan and floor plan received and dated February 16, 2017, shall be the conceptually approved design. 2. The use shall comply with the following: a. Hours of operation shall be limited to between 7:00 a.m. to 12:00 a.m. midnight. (Resolution No. 2013-24, Exhibit A) b. A minimum of 70 percent of the net floor area of the establishment shall be designated as dining area excluding back of the house areas (such as areas used for cooking, kitchen preparation, office, storage, and restrooms) and outdoor dining areas. (Resolution No. 2013-24, Exhibit A) HB -113-Item 7. - 9 4/17/2017 Attachment 1.4 c. Full food service menus shall be served, at a minimum, until one (1) hour before closing, and a cook and food server shall be on duty during these times. (Resolution No. 2013- 24, Exhibit A) d. Alcoholic drinks shall not be included in the price of admission to any establishment. (Resolution No. 2013-24, Exhibit A) e. There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (Resolution No. 2013-24, Exhibit A) f. All alcohol shall remain within the establishment’s premises. (Resolution No. 2013-24, Exhibit A) g. An employee of the establishment must be present at all times in areas within the establishment where alcohol is served. (Resolution No. 2013-24, Exhibit A) h. All areas of the business that are accessible to patrons shall be illuminated to make easily discernible the appearance and conduct of all people in the business. (Resolution No. 2013-24, Exhibit A) i. Dancing and/or dance floor and/or live entertainment shall be prohibited unless a Conditional Use Permit and Entertainment Permit are approved by the City. (Resolution No. 2013-24, Exhibit A) j. Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. (Resolution No. 2013-24, Exhibit A) k. The establishment shall follow all conditions of the alcohol license issued by the California Department of Alcoholic Beverage Control, as well as all other relevant portions of the Huntington Beach Zoning and Subdivision Ordinance and Huntington Beach Municipal Code. (Resolution No. 2013-24, Exhibit A) l. No new customers shall be permitted after 30 minutes before closing. (Resolution No. 2013-24, Exhibit A) m. Last call for drinks shall be no later than 15 minutes before closing. (Resolution No. 2013-24, Exhibit A) n. Only single-sized drinks and no multiple drinks shall be served after midnight. (Resolution No. 2013-24, Exhibit A) o. Signage, posters, and advertising with “Do Not Drink and Drive” shall be posted in the business. (Resolution No. 2013-24, Exhibit A) p. Mandatory Responsible Beverage Service (RBS) training and certification shall be required for new employees within 90 days of being hired and for existing employees every 12 months. Training shall be provided by an ABC approved RBS trainer and records of the training must be maintained on-site for review. (Resolution No. 2013-24, Exhibit A) HB -114-Item 7. - 10 4/17/2017 Attachment 1.5 q. Establishments shall install and maintain a video surveillance system to monitor public area of premises and shall make the video available to the police department for any criminal or civil investigation. The business shall employ a video surveillance system and a one-month video library. The minimum requirements for the cameras will be: color, digital recording to DVR and able to record in low light. The business shall ensure all doors, eating areas, and parking areas are covered by video surveillance. Electronic copies of video must be made available to the Huntington Beach Police Department within 48 hours of request. Digital recordings shall be made available for viewing on- scene upon request by police officers conducting investigations. (Resolution No. 2013- 24, Exhibit A / PD) r. Bi-fold windows along the storefront shall remain closed from 10:00 pm to 7:00 am daily. (CDD) s. Prior to the issuance of any building permits, an encroachment permit shall be obtained from the California Department of Transportation (Caltrans) for any projections into the public right-of-way.(CDD / PW) t. Prior to sales, service or consumption of alcoholic beverages the establishment shall obtain an ABC license authorizing On Sale alcohol sales. The establishment shall be limited to a Type 47 (On Sale Eating Place) ABC License. (PD) u. Signs shall be posted in a conspicuous space at the entrance/exit of the restaurant, which shall state, “NO ALCOHOLIC BEVERAGES BEYOND THIS POINT.” (PD) v. Service of alcoholic beverages for consumption off-site shall not be permitted. (PD) w. No reduced price or promotions of alcoholic beverages shall be allowed after 7:00 pm. (PD) x. No loitering shall be permitted within the vicinity of any entrances and exits at any time. (PD) y. Consumption of alcoholic beverages by on-duty employees; including servers, bartenders, kitchen staff, management and supervisory personnel is forbidden. (PD) z. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. (PD) aa. There shall be no window coverings or advertisements that reduce the visibility inside of the business. This will assist officers in observing crimes in progress. (PD) bb. 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. (PD) 3. The development services departments and divisions (Police, Building and Safety, Fire, Planning, and Public Works) shall be responsible for ensuring compliance with all HB -115-Item 7. - 11 4/17/2017 Attachment 1.6 applicable code requirements and conditions of approval. The Director of Community Development and Police Chief may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the development services departments have reviewed and approved proposed changes for conformance with the intent of the Planning Commission’s action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. 4. Conditional Use Permit No. 16-045 shall become null and void unless exercised within two years of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 5. The Planning Commission reserves the right to revoke Conditional Use Permit No. 16-045 pursuant to a public hearing for revocation, if any violation of the conditions of approval, Huntington Beach Zoning and Subdivision Ordinance, or Municipal Code occurs. 6. Incorporation of sustainable or “green” building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.org/DisplayPage.aspx?CategoryID=19) or Build It Green’s Green Building Guidelines and Rating Systems (https://www.builditgreen.org/greenpoint- rated). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney’s fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. HB -116-Item 7. - 12 PROJECT INFORMATION, DIRECTORY 6KEY PLAN MISCELLANEOUS NOTES BUILDING DEPARTMENT NOTES PROJECT SCOPE:TENANT IMPROVEMENT APN:024-153-29 TRACT:16406 EXISTING USE:A-2 RESTAURANT (M, A-2, A-3 & S-3 ENTIRE BUILDING) NEW USE:A-2 RESTAURANT CONSTRUCTION TYPE:TYPE I (FULLY SPRINKLERED) FIREPROOFING:1-HOUR (TENANT SPACES) 2-HOUR (PARKING STRUCTURE) FLAME SPREAD INDEX:ROOMS OR ENCLOSED AREAS : CLASS C EXITWAYS : CLASS B NO. OF STORIES:1-STORY + EQUIP. MEZZANINE NO CHANGE TO ZONING OR USE PROJECT INFORMATION ARCHITECTURAL DRAWINGS PROJECT LOCATION Suite 183 Key Plan Scale: N.T.S. T0.1 GENERAL PROJECT INFORMATION A0.1 SITE PLAN A1.0 DEMOLITION PLAN & ELEVATIONS A2.0 CONSTRUCTION PLAN A3.0 EXTERIOR ELEVATION DRAWING DIRECTORY HQ Gastropub 155 5th Street, Suite 183 Huntington Beach, CA 92648 PROJECT ADDRESS HQ Gastropub 20969 Ventura Blvd., Unit 32 Woodland Hills, CA 91364 Ph: Contact: Mark Matters TENANT ROBINSON HILL ARCHITECTS 3195-B Airport Loop Drive Costa Mesa, CA 92626 Ph: 714.825.8888 Contact: Michael David Robinson ARCHITECT RPM ENGINEERS, INC. 102 Discovery Irvine, CA Ph: 949.450.1229 Contact: Raymond Phua M.E.P. ENGINEER 1.FIRE SPRINKLER PLANS MUST BE REVIEWED AND APPROVED BY GOVERNMENT AGENCIES HAVING JURISDICTION PRIOR TO THE SYSTEM MODIFICATIONS. 2.INTERIOR WALLS AND CEILING FINISH FLAME SPREAD RATING SHALL CONFORM TO THE REQUIREMENTS OF LOCAL CODES, ORDINANCES, RULES AND REGULATIONS. 3.ALL EXITS SHALL BE OPENABLE FROM THE INSIDE WITHOUT THE USE OF A KEY OR ANY SPECIAL KNOWLEDGE OR EFFORT AND SHALL COMPLY WITH ALL CODES, ORDINANCES, RULES AND REGULATIONS. 4.PROVIDE AN ETCHED VINYL SIGN OVER THE EXIT DOORS WITH A MINIMUM OF 1" HIGH LETTERING STATING "THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED" ON A CONTRASTING BACKGROUND, WHICH SHALL BE FIRST APPROVED BY THE LANDLORD. 5.STOREFRONT DOORS, DOUBLE DOORS SHALL BE PROVIDED WITH APPROVED AUTOMATIC FLUSH BOLTS; MANUALLY OPERATED FLUSH BOLTS ARE PROHIBITED. 6.ALL DOORS SHALL HAVE A MIN. 60" LEVEL LANDING ON THE SWING SIDE OF THE DOOR AND 44" MIN. ON THE OPPOSITE SIDE OR GREATER IF REQUIRED BY CODE. 7.ALL DOOR HARDWARE SHALL BE LEVER TYPE OR PANIC BAR HARDWARE. 8.ALL DOORS WITH GLAZING SHALL BE PROVIDED WITH A MIN. 10" HIGH SMOOTH UNINTERRUPTED SURFACE AT THE BOTTOM. 9.DOOR THRESHOLDS SHALL BE A MAX. HEIGHT OF 1/2". 10.AREAS OVER 100 SQ FT SHALL HAVE A SEPARATE LIGHT SWITCHING PER N.E.C. REQUIREMENTS. 11.PROVIDE AND INSTALL FIRE EXTINGUISHERS WITH A MIN. CAPACITY AS DETERMINED BY THE INSPECTORS. 12.CONTRACTOR SHALL VERIFY THAT A MINIMUM OF 5 CFM OUTSIDE AIR AND TOTAL CIRCULATED AIR OF NOT LESS THAN 15 CFM PER OCCUPANT IS REQUIRED. 13.MECHANICAL VENTILATION OF THE RESTROOMS SHALL BE CAPABLE OF PROVIDING ONE AIR CHANGE EVERY 15 MINUTES. 14.EXIT SIGNS ARE REQUIRED TO HAVE A SEPARATE SOURCE OF POWER WHEN THE OCCUPANT LOAD IS MORE THAN 50. 15.DUCTS SHALL BE CONSTRUCTED, INSTALLED, AND INSULATED ACCORDING TO THE APPLICABLE MECHANICAL CODE. 16.FAN OR OTHER EXHAUST SYSTEMS EXHAUSTING AIR FROM THE BUILDING TO THE OUTSIDE SHALL BE PROVIDED WITH BACK DRAFT DAMPERS OR AUTOMATIC DAMPERS TO PREVENT AIR LEAKAGE. 17.PROVIDE EXIT ILLUMINATION AS REQUIRED BY CODE. 18.ALL EXIT DOORS SHALL BE KEYLESS IN THE DIRECTION OF EGRESS. 19.ALL INTERIOR FINISHES TO BE CLASS 1 FLAME SPREAD RATING OR AS REQUIRED BY CODE. 20.THE INSTALLATION OF THE AUTOMATIC FIRE SPRINKLER SYSTEMS SHALL COMPLY WITH REQUIRED CODE. SEPARATE PERMIT IS REQUIRED. 21.ALL DECORATIVE MATERIALS SHALL BE MAINTAINED IN A FLAME-RETARDANT CONDITION. 22.THE CONSTRUCTION, REMODEL, OR DEMOLITION OF A BUILDING SHALL COMPLY WITH THE REQUIRED CODE. MEASUREMENTS SPECIFICATIONS AND DRAWINGS GENERAL NOTES 1.ALL CONSTRUCTION AND MATERIALS SHALL BE AS SPECIFIED AND IN ACCORDANCE WITH ALL APPLICABLE CODES, ORDINANCES, LAWS, PERMITS, AND THE CONTRACT DOCUMENTS, AS WELL AS ALL LANDLORD REQUIREMENTS, INCLUDING COMPLIANCE WITH STORE DESIGN AND CONSTRUCTION MANUAL ("SDCM") AND ALL OTHER LANDLORD STANDARDS AND MANUALS. 2.THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE ACCURATE PLACEMENT OF ALL NEW CONSTRUCTION ON THE SITE. 3.THE CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND SITE CONDITIONS BEFORE STARTING WORK. SHOULD A DISCREPANCY APPEAR IN THE CONTRACT DOCUMENTS, OR BETWEEN THE CONTRACT DOCUMENTS AND EXISTING CONDITIONS, NOTIFY THE ARCHITECT AT ONCE FOR INSTRUCTION ON HOW TO PROCEED. 4.SHOULD A CONFLICT OCCUR IN OR BETWEEN DRAWINGS AND SPECIFICATIONS, THE SPECIFICATIONS SHALL TAKE PRECEDENCE, UNLESS A WRITTEN DECISION FROM THE ARCHITECT HAS BEEN OBTAINED WHICH DESCRIBES A CLARIFICATION OR ALTERNATE METHOD AND/OR MATERIALS. 5.THE CONTRACTOR SHALL CONFINE HIS OPERATIONS ON THE SITE TO WITHIN THE PREMISES PERMITTED BY THE LANDLORD. 6.THE JOB SITE SHALL BE MAINTAINED IN A CLEAN, ORDERLY CONDITION FREE OF DEBRIS AND LITTER, AND SHALL NOT BE UNREASONABLY ENCUMBERED WITH ANY MATERIALS OR EQUIPMENT. EACH SUB-CONTRACTOR IMMEDIATELY UPON COMPLETION OF EACH PHASE OF HIS WORK SHALL REMOVE ALL TRASH AND DEBRIS AS A RESULT OF HIS OPERATION. 7.ALL MATERIAL STORED ON THE SITE SHALL BE PROPERLY STACKED AND PROTECTED TO PREVENT DAMAGE AND DETERIORATION. FAILURE TO PROTECT MATERIALS MAY BE CAUSE FOR REJECTION OF WORK. 8.THE CONTRACTOR SHALL DO ALL CUTTING, FITTING, OR PATCHING OF HIS WORK THAT MAY BE REQUIRED TO MAKE ITS SEVERAL PARTS FIT TOGETHER PROPERLY AND SHALL NOT ENDANGER ANY OTHER WORK BY CUTTING, EXCAVATING, OR OTHERWISE ALTERING THE TOTAL WORK OR ANY PART OF IT. ALL PATCHING, REPAIRING, AND REPLACING OF MATERIALS AND SURFACES, CUT OR DAMAGED IN THE EXECUTION OF WORK, SHALL BE DONE WITH APPLICABLE MATERIALS SO THAT SURFACES REPLACED WILL, UPON COMPLETION, MATCH SURROUNDING SIMILAR SURFACES. IF BUILDING FACADE REQUIRES ANY SUCH WORK, IT SHALL BE PERFORMED BY LANDLORD'S FACADE CONTRACTOR AT TENANT'S EXPENSE OR, WITH LANDLORD'S APPROVAL, BY TENANT'S CONTRACTOR PER LANDLORD'S FACADE SPECIFICATIONS. 9.NO PORTION OF THE WORK REQUIRING SHOP DRAWINGS OR SAMPLE SUBMISSION SHALL BE COMMENCED UNTIL THE SUBMISSION HAS BEEN REVIEWED BY THE ARCHITECT. SAMPLES OF EXTERIOR / STOREFRONT MATERIALS MUST ALSO BE REVIEWED BY LANDLORD. ALL SUCH PORTIONS OF THE WORK SHALL BE IN ACCORDANCE WITH CORRECTED SHOP DRAWINGS AND SAMPLES. 10.DIMENSIONS: A.ALL DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALE. B.ALL DIMENSIONS ARE TO THE FACE OF FINISH UNLESS OTHERWISE NOTED. C.CEILING HEIGHT DIMENSIONS ARE FROM FINISH FLOOR SLAB TO FACE OF FINISH CEILING MATERIAL UNLESS OTHERWISE NOTED. 11.PROVIDE ALL NECESSARY BLOCKING, BACKING, AND FRAMING FOR SIGNS, LIGHT FIXTURES, ELECTRIC UNITS, A.C. EQUIPMENT, RECESSED ITEMS, AND ALL OTHER ITEMS AS REQUIRED. 12.WHERE LARGER STUDS OR FURRING ARE REQUIRED TO COVER PIPING AND CONDUITS, THE LARGER STUD SIZE OR FURRING SHALL EXTEND THE FULL SURFACE OF THE WALL WIDTH AND LENGTH WHERE THE FURRING OCCURS. 13.PROVIDE FIRE SPRINKLER PROTECTION THROUGHOUT THE BUILDING. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PREPARING THE DRAWINGS AND OBTAINING THE PERMITS FOR THE FIRE SPRINKLER SYSTEM. THE FIRE SPRINKLER SYSTEMS SHALL MEET THE REQUIREMENTS OF ALL APPLICABLE CODES AND ORDINANCES AND ARE UNDER A SEPARATE PERMIT APPLICATION. 14.PROVIDE FIRE EXTINGUISHERS PER THE REQUIREMENTS OF LOCAL GOVERNING AGENCIES. 15.PROVIDE ALL ACCESS PANELS AS REQUIRED BY GOVERNING CODES TO ALL CONCEALED SPACES, VOIDS, ATTICS, ETC. VERIFY TYPE REQUIRED WITH ARCHITECT PRIOR TO INSTALLATION. This project requests a Conditional Use Permit for the on-site sale and consumption of alcohol. It also proposes storefront improvements that include new brick veneer, hydraulic vertical bi-fold windows (that project into the public right of way), metal awnings and a wood door. A Coastal Development Permit is also requested for the hydraulic vertical bi-fold windows and metal awnings that project into the public right of way. This project also requests to deviate from City Council Resolution No. 2013-24 and have the following hours of operation: Monday thru Wednesday. 11:30am-12:00am; Thursday thru Saturday, 11:30am-2:00am; Sunday 9:30am-12:00am. The proposed work includes the demolition of exterior finish, glazing & doors, interior walls, bar & furniture, lighting, & equipment. New exterior glazing, doors & finishes will be applied, as well as the construction of (2) new interior walls, bars, lighting, kitchen & bar equipment, finishes, and an exterior illuminated tenant sign. PROJECT DESCRIPTION PROJECT INFORMATIONGENERAL CONSTRUCTION NOTES SECTION IDENTIFICATION 5 A3.1 5 A3.1 5 A3.1 1 SHEET WHERE DETAIL IS DRAWN SECTION IDENTIFICATION SHEET WHERE DETAIL IS DRAWN ELEVATION IDENTIFICATION SHEET WHERE DETAIL IS DRAWN GRID NUMBER GRID LETTER BLDG. SECTION WALL SECTION ELEVATION COLUMN LINE A5.1 1 2 3 5 A3.1 DETAIL IDENTIFICATION SHEET WHERE DETAIL IS DRAWN ELEVATION IDENTIFICATION SHEET WHERE DETAIL IS DRAWN ROOM NUMBER FLOOR NUMBER DETAIL INTERIOR ELEVATIONS DOOR SYMBOL 325 ROOM NUMBER ROOM NUMBER 609 FLOOR NUMBER 9 SHADED PORTION IS THE SIDE CONSIDERED KEYNOTE IDENTIFICATION MATCH LINE DATUM POINT KEYNOTE 2 CLOUD AROUND REVISED AREA OPTIONAL REVISION Van Rooy Design 149 East City Place Drive Santa Ana, CA 92705 Ph: 657.210.4080 Contact: Christine Van Rooy INTERIOR DESIGNER DRAWING DIRECTORYPROJECT DIRECTORY A 16RHA690.C1HQ GASTROPUBA Tenant Improvement155 5th Street, Suite 183Huntington Beach, CA 92782VANROOY Creative Group Christine van Rooy 149 East City Place Drive Santa Ana, CA 92705 Michael David Robinson:C-20731 Addendum #1 02.18.14 Pre-Design Review 12.06.16 CUP Submittal 12.22.16 CUP Resubmittal 01.30.17 Caltrans Submittal 02.01.17 CUP Resubmittal 02.16.17 APPLICABLE CODES: ALL WORK UNDER THIS CONTRACT SHALL COMPLY WITH THE PROVISIONS OF THE SPECIFICATIONS & DRAWINGS, AND SHALL SATISFY ALL APPLICABLE CODES, ORDINANCES, AND REGULATIONS OF ALL GOVERNING BODIES INVOLVED. APPLICABLE CODES INCLUDE, BUT ARE NOT LIMITED, TO THE FOLLOWING: 2012 INTERNATIONAL BUILDING CODE (IBC) 2013 CALIFORNIA BUILDING CODE (CBC) 2013 CALIFORNIA ENERGY CODE (CBC) 2013 CALIFORNIA GREEN BUILDING CODE (CBC) 2013 CALIFORNIA PLUMBING CODE (CPC) 2013 CALIFORNIA MECHANICAL CODE (CMC) 2013 CALIFORNIA ELECTRICAL CODE (CEC) 2013 CALIFORNIA FIRE CODE (CFC) NOTE: CONSTRUCTION PLANS AND CALCULATIONS SHALL COMPLY WITH THE 2013 CALIFORNIA BUILDING CODE AND THE 2012 INTERNATIONAL BUILDING CODE. THE APPROVAL OF PLANS AND SPECIFICATIONS DOES NOT PERMIT THE VIOLATION OF ANY SECTION OF THE BUILDING CODE OR OTHER CITY ORDINANCE OR STATE LAW. GOVERNING CODES OCCUPANT LOAD: 220 / 2 = 110 110 MENS 110 WOMENS MENS WOMENS REQ'D PROVIDED REQ'D PROVIDED WATER CLOSET 2 2 2 2 LAVATORY 2 2 2 2 URINAL 1 1 - - - ONE ADDITIONAL UNISEX RESTROOM HAS BEEN PROVIDED FOR EMPLOYEE USE ONLY. PLUMBING FIXTURE COUNT USE AREA RATIO OCCUPANT LOAD DINING AREA:2,238 SF 1/15 150 BARS (INCL. SEATING): 823 SF 1/15 55 OFFICES:56 SF 1/100 1 KITCHEN (INCL. COOLER):1,569 SF 1/200 8 MEZZANINE/EQUIP:349 SF 1/300 2 RESTROOMS:396 SF 1/100 4 TOTAL: 5,431 SF 220 OCCUPANTS - OCCUPANTS ARE MORE THAN 50, THEREFORE TWO EXITS ARE REQ'D. - THREE ADA EXITS ARE PROVIDED - AREA CALCULATION IS BASED ON MEASUREMENTS FROM CENTER OF ALL WALLS & CENTER OF SHARED WALLS. KITCHEN TO MEZZANINE RATIO KITCHEN AREA: 1,596 SF MEZZANINE AREA:349 SF 349 / 1,596 = 22% (33.3% MAX. ALLOWED) DINING TO BAR RATIO DINING AREA: 2,238 SF BAR AREAS: 823 SF NET AREA: 3,061 SF 2,238 / 3,061 = 73% (70% MIN. REQUIRED) AREA CALCULATION & OCCUPANCY HB -117-Item 7. - 13 DN DNDNFE FA FE FE BA FA OPEN TO ABOVE DEMO EXTERIOR ELEVATION 03SCALE: 1/4"=1'-0" 01 DEMO PLAN KEY NOTES DEMO [E] NON-LOAD BEARING INTERIOR PARTITION WALLS WHERE SHOWN AS HATCHED. REFER TO LEGEND FOR FURTHER CLARIFICATION. WALL LEGEND EXISTING DEMISING & PARTITION WALLS TO REMAIN. PATCH AND REPAIR AS REQUIRED. PROTECT IN PLACE DURING DEMOLITION. EXISTING NON-LOAD BEARING PARTITION WALL TO BE DEMOLISHED. 1.G.C. IS RESPONSIBLE FOR FIELD VERIFYING ALL EXISTING CONDITIONS AND DIMENSIONS. G.C. TO ADVISE ARCHITECT OF ANY DISCREPANCIES. 2.DEMOLISH ALL WALL AND CEILING SHOWN HATCHED AND CLARIFIED IN THE KEY NOTES. 3.ALL ELEMENTS THAT ARE TO REMAIN MUST BE PROTECTED IN PLACE DURING DEMOLITION. 4.ALL FIRE SPRINKLER HEADS MUST REMAIN IN PLACE AND FUNCTIONAL THROUGHOUT DEMOLITION. 5.ELECTRICAL PANEL AND CONTROLS FOR HVAC ARE TO REMAIN, UNLESS OTHERWISE NOTED. PROTECT IN PLACE. 6.PROTECT IN PLACE ALL SERVICE FEEDS TO HVAC UNIT AND ELECTRICAL PANEL. 7.ALL EXISTING RECEPTACLES ARE TO REMAIN; UNLESS OTHERWISE NOTED. 8.G.C. TO COORDINATE ALL DEMOLITION WORK WITH NEW CONSTRUCTION DRAWINGS AND LANDLORD. 9.INVESTIGATE ANY AND ALL UNKNOWN ELECTRICAL, PLUMBING, MECHANICAL AND STRUCTURAL WITH LANDLORD TO VERIFY DEMOLITION POSSIBILITY. 10.CONTACT ARCHITECT WHEN IN DOUBT OF DEMOLITION SCOPE. 11.ALL EXISTING WALLS TO BE REMOVED ARE NON-STRUCTURAL WALLS. 12.ALL EXISTING DUPLEX/QUAD RECEPTACLES THAT ARE WALL MOUNTED BELOW 16" AFF ARE TO BE VERTICALLY RELOCATED TO THE REQUIRED MIN. 16" AFF. DEMO PLAN CEILING LEGEND EXISTING RECESSED DOWNLIGHT TO BE DEMOLISHED EXISTING WALL SCONCE TO BE DEMOLISHED EXISTING PENDANT LIGHT TO BE DEMOLISHED EXISTING EMERGENCY BUG-EYE LIGHTS TO REMAIN EXISTING SPEAKERS TO REMAIN EXISTING EXIT SIGN TO REMAIN GENERAL NOTES 16RHA690.C1HQ GASTROPUBA Tenant Improvement155 5th Street, Suite 183Huntington Beach, CA 92782VANROOY Creative Group Christine van Rooy 149 East City Place Drive Santa Ana, CA 92705 Michael David Robinson:C-20731 Addendum #1 02.18.14 Pre-Design Review 12.06.16 CUP Submittal 12.22.16 CUP Resubmittal 01.30.17 Caltrans Submittal 02.01.17 CUP Resubmittal 02.16.17 DEMO CEILING PLAN 02SCALE: 1/8"=1'-0" 01 02 DEMO [E] MILLWORK, BOOTH & HOST STAND WHERE SHOWN AS DASHED. 020202 02 02 02 02 02 02 03 DEMO [E] BUILT-IN BAR & BAR EQUIPMENT WHERE SHOWN AS DASHED. 03 03 03 04 DEMO [E] WALK-IN COOLER WHERE SHOWN AS DASHED. 04 05 DEMO [E] FLOOR SINK WHERE NOTED; INFILL NEGATIVE SPACE W/ LIGHTWEIGHT CONCRETE AT EACH LOCATION. 05 05 05 05 05 05 05 05 06 DEMO [E] FLOOR DRAIN WHERE NOTED; INFILL NEGATIVE SPACE W/ LIGHTWEIGHT CONCRETE AT EACH LOCATION. 0606 0606 08 DEMO [E] DOOR & FRAME WHERE NOTED. 08 09090909 09 DEMO [E] WINDOW & FRAME WHERE NOTED. DEMO PLAN 01SCALE: 1/8"=1'-0" 08090909 10 DEMO [E] EXTERIOR WOOD PANELING. 101010 0910 11 DEMO [E] EXTERIOR WALL SCONCE. 09 1010 12 DEMO [E] PLASTER FINISH ENTIRE FACE OF EXTERIOR STOREFRONT WHERE SHOWN AS HATCHED. 12 12 12 13 DEMO [E] EXTERIOR WALL WHERE NOTED & SHOWN AS HATCHED. 14 0202 03 09090909 14 DEMO [E] LIGHTING THROUGHOUT DINING AREA; [E] EMERGENCY BUG-EYE LIGHTS TO REMAIN. 13131313 15 DEMO [E] SOFFIT & ACCESS PANELS WHERE SHOWN AS DASHED. 15 16 DEMO [E] WALL MOUNTED TV; PATCH & REPAIR DRYWALL AS REQUIRED. 1616 16 17 DEMO [E] KITCHEN EQUIPMENT THROUGHOUT; TO BE REPLACED. 17 17 18 DEMO [E] PANELING AT COLUMN; [E] COLUMN TO REMAIN. 18 18 18 18 HB -118-Item 7. - 14 FE FE FA FE FA BA COOLERB006COOLERB006 DN DNDNECOLABDISHWASHB0013-COMP SINKB002GLASS TABLEB003SPEEDRAILB005SPEEDRAILB005SPEEDRAILB005SPEEDRAILB005 SPEEDRAILB005SPEEDRAILB005WELLB004SPEEDRAIL B005WELLB004COOLERB006WELLB004GLASS TABLEB007CUSTOM PREPTABLEB008GLASS TABLEB003 GLASS TABLEB007COOLER B006COOLERB006HANDSINKB009HANDSINKB009ECOLABDISHWASHB001 3-COMP SINKB002COOLERB006GLASS TABLEB007 COOLERB006COOLERB006 RACKB010 RACKB010 RACKB010 OPEN TO BELOW COOLERB006COOLERB006 DN DNDNECOLABDISHWASHB0013-COMP SINKB002GLASS TABLEB003SPEEDRAILB005SPEEDRAILB005SPEEDRAILB005SPEEDRAILB005 SPEEDRAILB005SPEEDRAILB005WELLB004SPEEDRAIL B005WELLB004COOLERB006WELLB004GLASS TABLEB007CUSTOM PREPTABLEB008GLASS TABLEB003 GLASS TABLEB007COOLER B006COOLERB006HANDSINKB009HANDSINKB009ECOLABDISHWASHB001 3-COMP SINKB002COOLERB006GLASS TABLEB007 COOLERB006COOLERB006 RACKB010 RACKB010 RACKB010 OPEN TO BELOW CONSTRUCTION PLAN 01SCALE: 3/16"=1'-0" 01 CONSTRUCTION PLAN KEY NOTES [N] 1-HOUR PARTITION WALL W/ 5 8" TYPE "X" GYP. BD. BOTH SIDES OF 3 5 8" 20 GA. METAL STUDS @ 16" O.C.; PAINT PER FINISH SPEC.; REFER TO WALL LEGEND. WALL LEGEND EXISTING DEMISING & PARTITION WALLS TO REMAIN. PATCH AND REPAIR AS REQUIRED. NEW 1-HOUR FIRE RATED PARTITION WALL 1.G.C. IS RESPONSIBLE FOR FIELD VERIFYING ALL EXISTING CONDITIONS AND DIMENSIONS. G.C. TO ADVISE ARCHITECT OF ANY DISCREPANCIES. CONSTRUCTION PLAN GENERAL NOTES 16RHA690.C1HQ GASTROPUBA Tenant Improvement155 5th Street, Suite 183Huntington Beach, CA 92782VANROOY Creative Group Christine van Rooy 149 East City Place Drive Santa Ana, CA 92705 Michael David Robinson:C-20731 Addendum #1 02.18.14 Pre-Design Review 12.06.16 CUP Submittal 12.22.16 CUP Resubmittal 01.30.17 Caltrans Submittal 02.01.17 CUP Resubmittal 02.16.17 01 02 [N] HALF-HEIGHT WALL W/ 5 8" GYP. BD. ON 3 5 8" METAL STUDS @ 16" O.C.; PAINT PER FINISH SPEC.; REFER TO WALL LEGEND. 02 02 02 03 [N] DOOR PER SCHEDULE. 04 [N] WINDOW PER SCHEDULE. 0403040404 02 03 03 05 [N] BAR W/ SEATING; REFER TO FIXTURE & FURNITURE PLAN AND BAR EQUIPMENT PLAN. 0505 06 [N] BOOTH SEATING; REFER TO FIXTURE & FURNITURE PLAN AND MILLWORK PLAN. 06 06 06 06 06 06 06 06 06 06 0606060606 07 [N] WINE DISPLAY; REFER TO FIXTURE & FURNITURE PLAN AND MILLWORK PLAN. 07 08 [N] BUILT-IN MILLWORK; REFER TO FIXTURE & FURNITURE PLAN AND MILLWORK PLAN. 08 0808 09 [N] HOST STAND; REFER TO FIXTURE & FURNITURE PLAN AND MILLWORK PLAN. 09 10 [N] KITCHEN EQUIPMENT THROUGHOUT; REFER TO KITCHEN EQUIPMENT PLAN. 10 10 DINING AREA 2,238 S.F. KITCHEN 1,294 S.F. [N] WALK-IN COOLER 189 S.F. WOMEN'S 196 S.F. MEN'S 146 S.F. UNISEX 54 S.F. OFFICE 1 56 S.F. DRY STORAGE 87 S.F. EQUIPMENT 349 S.F. 01 FLOOR PLAN 02 MEZZANINE FLOOR PLAN 08 5'-31 2"7'-0" 17'-514"4'-412"2'-0"4'-414"8'-117 8"3'-51116"14'-17 16" 54'-9"6'-1316"6'-438"12'-5316"7'-838"9'-578"1'-558"42'-10"4'-418"14'-1138"1'-6"1'-1158"24'-5"3'-0"11'-10116"93 4"11'-1012"3'-512"7'-615 16"1'-31116"1'-3"6'-4"1'-3"1'-39 16"7'-93 4" 4'-0"4'-1"2'-87 8"2'-1"47'-9"9'-434"32'-014"5'-73 4"61 4"9'-103 4"814"4'-53 16"4'-714"8'-014"534"3'-0"2'-314"71116"3'-0"2'-1" 4'-313 16"10'-105 8"15'-4916"6'-3716"2'-7"4'-2"9'-1138"8'-278"1'-812"13'-238"3'-938"8'-918" 9'-412" 4'-512"15'-6"3'-1118"9'-3"4'-0"2'-4"4'-0"1034"2'-101116"2'-278"11'-33 4"6'-23 8"63 8"7'-5"89 16"4'-27 8"8'-518"3'-118"2'-534"5'-034"2'-612"2'-1"7'-103 8"1'-2" 6'-3" 2'-912"2'-1034"4'-0316"11 [E] STRUCTURAL COLUMN TO REMAIN.16'-0"5'-13 4"23'-0"6'-9"10'-0"6'-3" 3'-73 4"3'-8"6'-1"3'-114"2'-912"4'-515 16" 3'-9" 4'-9"3'-334"25'-0"3'-8"3'-93 4"3'-0"3'-8"4'-034"12'-101 4"17'-21 4"3'-312"5'-4"3'-312"9'-114"8'-1"11'-11"30'-012"3'-0"TYP.4'-67 16" 03 SECTION SCALE : 1 2" = 1'-0" 3'-0"8"10'-91316"2'-10"7'-2"1'-5"7'-7" 11 11 12 [N] METAL AWNING ABOVE, SHOWN AS DASHED LINE. 12 12 12 12 12 3'-0"1'-634"BAR 1 494 S.F. BAR 2 329 S.F. 3'-0"3'-6"3'-6" 3'-101 2"3'-0"5'-0"9'-0"538"2'-01116"2'-018" USE AREA RATIO OCCUPANT LOAD DINING AREA:2,238 SF 1/15 150 BARS (INCL. SEATING): 823 SF 1/15 55 OFFICES:56 SF 1/100 1 KITCHEN (INCL. COOLER):1,569 SF 1/200 8 MEZZANINE/EQUIP:349 SF 1/300 2 RESTROOMS:396 SF 1/100 4 TOTAL: 5,431 SF 220 OCCUPANTS - OCCUPANTS ARE MORE THAN 50, THEREFORE TWO EXITS ARE REQ'D. - THREE ADA EXITS ARE PROVIDED - AREA CALCULATION IS BASED ON MEASUREMENTS FROM CENTER OF ALL WALLS & CENTER OF SHARED WALLS. KITCHEN TO MEZZANINE RATIO KITCHEN AREA: 1,596 SF MEZZANINE AREA:349 SF 349 / 1,596 = 22% (33.3% MAX. ALLOWED) DINING TO BAR RATIO DINING AREA: 2,238 SF BAR AREAS: 823 SF NET AREA: 3,061 SF 2,238 / 3,061 = 73% (70% MIN. REQUIRED) AREA CALCULATION & OCCUPANCY HB -119-Item 7. - 15 EXTERIOR ELEVATION 01SCALE: 1/4"=1'-0" 01 ELEVATION PLAN KEY NOTES [N] DOOR PER SCHEDULE. 1.G.C. IS RESPONSIBLE FOR FIELD VERIFYING ALL EXISTING CONDITIONS AND DIMENSIONS. G.C. TO ADVISE ARCHITECT OF ANY DISCREPANCIES. EXTERIOR ELEVATION GENERAL NOTES 16RHA690.C1HQ GASTROPUBA Tenant Improvement155 5th Street, Suite 183Huntington Beach, CA 92782VANROOY Creative Group Christine van Rooy 149 East City Place Drive Santa Ana, CA 92705 Michael David Robinson:C-20731 Addendum #1 02.18.14 Pre-Design Review 12.06.16 CUP Submittal 12.22.16 CUP Resubmittal 01.30.17 Caltrans Submittal 02.01.17 CUP Resubmittal 02.16.17 01 02 [N] VERTICAL BI-FOLD WINDOW PER SCHEDULE; (WINDOWS SHOWN AS PARTIALLY OPEN IN ELEVATION) 027'-2"2'-10"10'-3"8'-0"1'-10"03 [N] ILLUMINATED FACE-LIT CHANNEL LETTERS BY SIGN FABRICATOR; SIGNAGE UNDER SEPARATE PERMIT APPLICATION. 03 04 [N] METAL AWNING. 04 04 040404 05 [N] EXTERIOR INFILL WALL WHERE SHOWN AS HATCHED IN DASHED AREA; 1 2" BRICK VENEER ON MORTAR BED OVER 5 8" TYPE '"X" GYP. BD. ON EXTERIOR SIDE OF 6" METAL STUD @ 16" O.C. & 5 8" TYPE '"X" GYP. BD. ON INTERIOR SIDE; PAINT PER FINISH SPEC. 0505050505 06 [E] PLASTER FINISH AT ADJACENT TENANT TO REMAIN. 06068"1'-5"11'-10116"93 4"11'-1012"7'-615 16"2'-61116"6'-4"2'-61116"7'-615 16" 02 3'-51 2" 02 021'-10"1'-6"8'-5"12'-10516"07 [N] EXTERIOR FACE BRICK VENEER ON MORTAR BED OVER WATERPROOF MEMBRANE AND CEMENTITIOUS BOARD. 0707HB -120-Item 7. - 16 1111111111 1111111111111111111111111111111111 11111111111111 1 'j u mpil y ! l immumn HB -121-Item 7. - 17 CAULKING ALONG THE CORRUGATED ROOF @2 SIDES OF THE AWNING CORRUGATED ROOF +12'-6" A.F.F. CO. KNIFE Pa FLASHING ON TOP OF THE FRONT SHEET, ONLY ISO View- Assemblies With Corrugated Roof Scale: 1/2" = (QTY. 4) A.F.F. 9• B.O. AWNING (E) WALL Av H A 1 , xiz t ce4 Roo . to Lieet- FLASHING a 3" TAB 1/2" 0 THRU BOLT W/ WASHERS, NUTS. HOLE FOR TYP. WATER RUN-OFF @ 2 ENDS (2) PLACES PER PLATE 1" x 2" x 1/8" BACK PLATE STEEL CHANNEL 1" x 2'' x 1/8" STEEL CHANNEL FLASHING ON TOP OF THE FRONT SHEET, ONLY METAL SHEET ISO Exploded View - Without Corrugated Roof ® Scale: 1/2" = ANGLE (2) PLACES SEE DETAIL A/2,1 1" SQ STEEL TUBES TO ACCOMMODATE THE CORRUGATED ROOF METAL SHEET 3' 0" METAL SHEET academy •.•.•••.•••••• Awnings, Cabanas, Canopies, Umbrellas & Signs 1505 Montebello, CA 90640 (800) 422-9646 2'-4" 441%* CORRUGATED ROOF 3'-0" Section - With Corrugated Roof s Scale: 1 1/2" = MANUFACTURER NOTES: FRAMING: 1. STEEL STRUCTURE 2. POWDER COATED: RAL 8014 WELDING: 1. ALL WELDING TO CONFORM WITH THE AMERICAN WELD SOCIETY STANDARDS 2. ALL WELDS TO BE 3/16" FILLET USING ELECTRODES RATED AT 70KSI 3. ALL STEEL TUBING TO CONFORM TO ASTM A513 4. CERTIFIED WELDING REQUIRED: YES HARDWARE: 1. ALL BOLTS SHALL CONFORM TO A307 STANDARDS 2. ALL FASTENERS TO BE ZINC PLATED OR BETTER INSTALL: 1. HANGAR ROD ASSEMBLIES & THRU BOLTS KNIFE PLATE PLATE COVER 1/2" STEEL CLEVIS @ BOTH END OF ROD Section - Without Corrugated Roof,, Scale: 1 1/2" = HB -122-Item 7. - 18 3"x10"x3/8" BACK PLATE • 3"x3"x3/8" BACK PLATE 1/2" 0 THRU BOLT W/ WASHERS, NUTS. 1-VP CORRUGATED ROOF 1" x 2" x 1/8" STEEL CHANNEL ANGLE 1505 Montebello, CA 90640 (800) 422-9646 1/2"-THK TAB 1/2" STEEL CLEVIS @ BOTH END OF ROD Attachment Detail Scale: 6" = 1 1 -0" PLATE COVER CORRUGATED ROOF TEK SCREW 1" SQ TUBE TO ACCOMMODATE THE CORRUGATED ROOF academy ............. . 6"x 10"x3/8"-THK KNIFE PLATE Awnings, Cabanas, Canopies, Umbrellas & Signs Un HB -123-Item 7. - 19 A California Corporation 3195 B Airport Loop Drive Costa Mesa, CA 92626 w w w . r h a i n c . n e t robinson hill architecture, inc. Telephone: 714. 825. 8888  Facsimile: 714. 825. 8889 February 16, 2017 To: Huntington Beach Planning Department Re: HQ Gastropub 155 5th Street, Suite 183, Huntington Beach Proposed Use Narrative To whom it may concern, HQ® Gastropub is a fresh twist to the traditional pub, bar or tavern; offering a pop culture menu with meals of high quality – hence the name “HQ.” HQ® Gastropub offers a vast selection of craft beers, wines and spirits from around the world with an exclusive selection of international gourmet food. HQ® Gastropub blends an eclectic mix of music (rock, pop, etc.) and art that create a festive dining environment. HQ has a state of the art sound system that is orientated to keep sound within the premises and not disturb any surrounding occupants by directing the speakers inward towards the restaurant, as well as applying new interior finishes (gyp. bd., wall coverings, fabric paneling, etc.) to the walls and ceiling that will help absorb the sound. There will not be any live music. Our proposed use is Food and Beverage with a Title 47 license. We are applying for a new Conditional Use permit for the sale and consumption of alcohol. The population served by this project include ages 21 and over who live in the Orange County area. The location of the gastropub is on Pacific Coast Highway between 5th and 6th Street. The adjacent tenants are CVS pharmacy on the left and Love Lola on the right, and the Strand Hotel is directly behind the gastropub. There is a fully accessible parking structure below grade that serves as the public parking for this block and hotel rooms directly above the space. The façade of the gastropub faces Pacific Coast Highway and the ocean. The square footage of the space is 5,431 sf (walls included) and the quantity of employees is 55. We are fully aware and understand the conditions noted in resolution no 2103-24 attachment, however we would like to propose a deviation from the resolution; we propose the hours of operation to be Monday-Wednesday 11:30am- 12:00am, Thursday-Saturday, 11:30am-2:00am & Sunday 9:30am-12:00am. We propose to façade improvements by demolishing all exterior windows and replace them with hydraulic vertical bi- fold windows (similar to a folding garage door). These windows will remain open during business hours. The aluminum entrance door will be replaced with a wood door and new brick veneer will be applied to the exterior façade. In addition, we propose canopies above each of the new windows and a new HQ Gastropub illuminated logo. The canopies and hydraulic bi-fold windows encroach over the property line, and therefore we are also applying for a Coastal Development Permit and an encroachment permit through Caltrans. The existing kitchen will remain and (2) new bars will be installed in the dining area. We propose 27% (823 square feet including seating) of the dining area (excluding back of house areas such as cooking, office, storage, restrooms, etc.) will be used as the new bar space while 73% (2,238 square feet including walls) will be used as dining space. The bar to dining area ratio is compliant with Resolution No. 2013-24 where a minimum of 70% of the front of house must be dedicated to dining area. We believe that the proposed changes to the existing space will enhance the architecture of downtown Huntington Beach. If you have any questions, please let me know. Thank you. HB -124-Item 7. - 20 A California Corporation 3195 B Airport Loop Drive Costa Mesa, CA 92626 w w w . r h a i n c . n e t robinson hill architecture, inc. Telephone: 714. 825. 8888  Facsimile: 714. 825. 8889 Heather Anderson HB -125-Item 7. - 21 HB -126-Item 7. - 22 Page 1 of 4 HUNTINGTON BEACH POLICE DEPARTMENT PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: FEBRUARY 8, 2017 PROJECT NAME: HQ GASTROPUB PLANNING APPLICATION NO.: PLANNING APPLICATION NO. 16-0244 ENTITLEMENTS: CONDITIONAL USE PERMIT NO. 16-045 DESIGN REVIEW BOARD NO. 16-020 DATE OF PLANS: DECEMBER 22, 2016 PROJECT LOCATION: 155 5TH STREET, #183 PROJECT PLANNER: CHRISTOPHER WONG, ASSOCIATE PLANNER PLAN REVIEWER: MICHELLE BOLDT / CSO SPECIAL INVESTIGATIONS BUREAU TELEPHONE/E-MAIL: (714) 536-5986 / MBOLDT@HBPD.ORG PROJECT DESCRIPTION: A NEW RESTAURANT (HQ GASTROPUB) PROPOSES TO OCCUPY A 5,230-SQUARE-FOOT TENANT SPACE FORMERLY OCCUPIED BY RA SUSHI. TO ACCOMMODATE THIS NEW EATING AND DRINKING ESTABLISHMENT THE APPLICANT PROPOSES THE FOLLOWING: • FAÇADE IMPROVEMENTS: STOREFRONT IMPROVEMENTS INLCUDE NEW BRICK VENEER, HYDRAULIC VERTICAL BI-FOLD WINDOWS (THAT PROJECT INTO THE PUBLIC RIGHT-OF-WAY), CANOPIES, AND A WOOD DOOR. • ON-SALE ALCOHOL: THE PRIOR RESTAURANT TENANT, RA SUSHI, SOLD AND SERVED ALCOHOL (CUP 07-021); HOWEVER, THIS RESTAURANT HAS BEEN INOPERATIVE FOR MORE THAN 12 CONSECUTIVE MONTHS. THEREFORE, A NEW CONDITIONAL USE PERMIT IS REQUIRED TO RE-ESTABLISH ON-SALE ALCOHOL. • DEVIATION FROM CITY COUNCIL RESOLUTION NO. 2013-24: CONDITION NO. 1 OF THIS RESOLUTION LIMITS BUSINESS HOURS OF OPERATION TO BETWEEN 7:00 AM – 12:00 AM DAILY. THEREFORE, THE APPLICANT IS REQUESTING TO DEVIATE FROM THIS LIMITATION WITH THE FOLLOWING BUSINESS HOURS: MONDAY – WEDNESDAY, 11:30 AM – 12:00 AM; THURSDAY – SATURDAY, 11:30 AM – 2:00 AM; SUNDAY, 9:30 AM – 12:00 AM. The following is a list of code requirements deemed applicable to the proposed project based on plans stated above. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer. This is a new business moving into a vacant location that previously housed a restaurant/bar with a similar business model. While not opposed to their request to remain open until 2AM on Thursday, Friday, and Saturday, we are not in the position to recommend approval based on the regulations listed in Resolution No.2013-24. HB -127-Item 7. - 23 Page 2 of 4 The following conditions are required by City Resolution No. 2013-24: 1. Hours of operation shall be limited to between 7:00 a.m. to 12:00 a.m. midnight. (Applicant requesting to deviate from this condition). 2. A minimum of 70 percent of the net floor area of the establishment shall be designated as dining area excluding back of the house areas (such as areas used for cooking, kitchen preparation, office, storage, and restrooms) and outdoor dining areas. 3. Full food service menus shall be served, at a minimum, until one (1) hour before closing, and a cook and food server shall be on duty during these times. 4. Alcoholic drinks shall not be included in the price of admission to any establishment. 5. There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. 6. All alcohol shall remain on the establishment’s premises, including within outdoor dining areas. 7. An employee of the establishment must be present at all times in areas within the establishment where alcohol is served. 8. All areas of the business that are accessible to patrons shall be illuminated to make easily discernible the appearance and conduct of all people in the business. 9. Dancing and/or dance floor and/or live entertainment shall be prohibited unless a Conditional Use Permit and Entertainment Permit are approved by the City. 10. Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. 11. The establishment shall follow all conditions of the alcohol license issued by the California Department of Alcoholic Beverage Control, as well as all other relevant portions of the Huntington Beach Zoning and Subdivision Ordinance and Huntington Beach Municipal Code. 12. No new customers shall be permitted after 30 minutes before closing. 13. Last call for drinks shall be no later than 15 minutes before closing. 14. Only single-sized drinks and no multiple drinks shall be served after midnight. 15. Signage, posters, and advertizing with “Do Not Drink and Drive” shall be posted in the business. HB -128-Item 7. - 24 Page 3 of 4 16. Mandatory Responsible Beverage Service (RBS) training and certification shall be required for new employees within 90 days of being hired and for existing employees ever 12 months. Training shall be provided by an ABC approved RBS trainer and records of the training must be maintained on-site for review. 17. Establishments shall install and maintain a video surveillance system to monitor public area of premises and shall make the video available to the police department for any criminal or civil investigation. The following conditions have been added to the above City Resolution and are suggested by the Police Department (duplicate conditions below may contain more detail at PD request): 1. Prior to sales, service or consumption of alcoholic beverages the establishment shall obtain an ABC license authorizing On Sale alcohol sales. The establishment shall be limited to a Type 47 (On Sale Eating Place) ABC License. (PD) 2. Live Entertainment shall not be permitted unless a Conditional Use Permit (CUP) for this specific use is reviewed and approved and a valid Entertainment Permit issued by the Huntington Beach the Police Department. (PD) 3. Prior to being issued an Entertainment Permit the applicant shall submit a sound survey prepared by a licensed engineer showing that the proposed entertainment will not create undue noise or violate the decibel limits for the zoning district. This survey shall state the maximum allowable interior decibel limits. (PD) 4. To ensure the location maintains a restaurant atmosphere, food service from the regular menu shall be available from the time the business opens to the public, until at least one hour prior to the scheduled closing time. (PD) (Similar to Reso. 13-24 #3) 5. All alcoholic beverages shall remain within the interior of the restaurant and bar, per §9.44.010 of the Huntington Beach Municipal Code (HBMC). (PD) 6. Signs shall be posted in a conspicuous space at the entrance/exit of the restaurant, which shall state, “NO ALCOHOLIC BEVERAGES BEYOND THIS POINT.” (PD) 7. Service of alcoholic beverages for consumption off-site shall not be permitted. (PD) 8. No reduced price or promotions of alcoholic beverages shall be allowed after 7:00PM. (PD) 9. No loitering shall be permitted within the vicinity of any entrances and exits at any time. (PD) 10. Consumption of alcoholic beverages by on-duty employees; including servers, bartenders, kitchen staff, management and supervisory personnel is forbidden. (PD) HB -129-Item 7. - 25 Page 4 of 4 11. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. (PD) 12. There shall be no window coverings or advertisements that reduce the visibility inside of the business. This will assist officers in observing crimes in progress. (PD) 13. The business shall employ a video surveillance system and a one-month video library. The minimum requirements for the cameras will be: color, digital recording to DVR and able to record in low light. The business shall ensure all doors, eating areas, and parking areas are covered by video surveillance. Electronic copies of video must be made available to the Huntington Beach Police Department within 48 hours of request. Digital recordings shall be made available for viewing on-scene upon request by police officers conducting investigations. (PD) (Similar to Reso. 13-24 #17) 14. 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. (PD) HB -130-Item 7. - 26 CITY OF HUNTINGTON BEACH PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: DECEMBER 30, 2016 PROJECT NAME: HQ GASTROPUB PLANNING APPLICATION NO.: PLANNING APPLICATION NO. 16-0244 ENTITLEMENTS: CONDITIONAL USE PERMIT NO. 16-045 DESIGN REVIEW BOARD NO. 16-020 DATE OF PLANS: DECEMBER 22, 2016 PROJECT LOCATION: 155 5TH STREET, #183 PROJECT PLANNER: CHRISTOPHER WONG, ASSOCIATE PLANNER PLAN REVIEWER: CHRISTOPHER WONG, ASSOCIATE PLANNER TELEPHONE/E-MAIL: (714) 536-5357 / chris.wong@surfcity-hb.org PROJECT DESCRIPTION: A NEW RESTAURANT (HQ GASTROPUB) PROPOSES TO OCCUPY A 5,230-SQUARE-FOOT TENANT SPACE FORMERLY OCCUPIED BY RA SUSHI. TO ACCOMMODATE THIS NEW EATING AND DRINKING ESTABLISHMENT THE APPLICANT PROPOSES THE FOLLOWING: • FAÇADE IMPROVEMENTS: STOREFRONT IMPROVEMENTS INLCUDE NEW BRICK VENEER, HYDRAULIC VERTICAL BI-FOLD WINDOWS (THAT PROJECT INTO THE PUBLIC RIGHT-OF-WAY), CANOPIES, AND A WOOD DOOR. • ON-SALE ALCOHOL: THE PRIOR RESTAURANT TENANT, RA SUSHI, SOLD AND SERVED ALCOHOL (CUP 07-021); HOWEVER, THIS RESTAURANT HAS BEEN INOPERATIVE FOR MORE THAN 12 CONSECUTIVE MONTHS. THEREFORE, A NEW CONDITIONAL USE PERMIT IS REQUIRED TO RE-ESTABLISH ON-SALE ALCOHOL. • DEVIATION FROM CITY COUNCIL RESOLUTION NO. 2013-24: CONDITION NO. 1 OF THIS RESOLUTION LIMITS BUSINESS HOURS OF OPERATION TO BETWEEN 7:00 AM – 12:00 AM DAILY. THEREFORE, THE APPLICANT IS REQUESTING TO DEVIATE FROM THIS LIMITATION WITH THE FOLLOWING BUSINESS HOURS: MONDAY – WEDNESDAY, 11:30 AM – 12:00 AM; THURSDAY – SATURDAY, 11:30 AM – 2:00 AM; SUNDAY, 9:30 AM – 12:00 AM. The following is a list of code requirements deemed applicable to the proposed project based on plans stated above. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer. HB -131-Item 7. - 27 Page 2 of 3 CONDITIONAL USE PERMIT NO. 16-045 1. The development shall comply with all applicable requirements of the Municipal Code, Planning and Building Department, and Fire Department, as well as all applicable local, State and Federal Codes, Ordinances and standards, except as noted herein. (City Charter, Article V) 2. Construction shall be limited to Monday through Saturday, 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. (HBMC 8.40.090) 3. The site plan, floor plans, and elevations approved by the Planning Commission shall be the conceptually approved design with the following modifications. a. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback a minimum of 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing proposed screening must be submitted for review and approval with the application for building permit(s). (HBZSO Section 230.76) b. The site plan and elevations shall include the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items. If located on a building, they shall be architecturally integrated with the design of the building, non-obtrusive, not interfere with sidewalk areas and comply with required setbacks. (HBZSO Section 230.76) 4. The Development Services Departments (Planning and Building, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Planning may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission’s action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. (HBZSO Section 241.18) 5. Conditional Use Permit No. 16-045 shall become null and void unless exercised within one year of the date of final approval, or as modified by condition of approval. An extension of time may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. (HBZSO Section 241.16.A) 6. Conditional Use Permit No. 16-045 shall not become effective until the appeal period following the approval of the entitlement has elapsed. ((HBZSO Section 241.14) 7. The Planning Commission reserves the right to revoke Conditional Use Permit No. 16-045 pursuant to a public hearing for revocation, if any violation of the conditions of approval, Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. (HBZSO Section 241.16.D) 8. The applicant shall submit a check in the amount of $50.00 for the posting of the Notice of Exemption/Determination at the County of Orange Clerk’s Office. The check shall be made out to the HB -132-Item 7. - 28 Page 3 of 3 County of Orange and submitted to the Planning Department within two days of the Planning Commission’s approval of entitlements. (California Code Section 15094) 9. All permanent, temporary, or promotional signs shall conform to Chapter 233 of the HBZSO. Prior to installing any new signs, changing sign faces, or installing promotional signs, applicable permit(s) shall be obtained from the Planning and Building Department. Violations of this ordinance requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs. (HBZSO Chapter 233) 10. Live entertainment and/or outdoor dining in excess of 400 sq. ft. shall not be permitted unless a Conditional Use Permit for this specific use is reviewed and approved. Outdoor dining occupying less than 400 sq. ft. is subject to Neighborhood Notification and approval by the Director of Planning. (HBZSO Section 211.04) HB -133-Item 7. - 29 HB -134-Item 7. - 30 HB -135-Item 7. - 31 HB -136-Item 7. - 32 CITY OF HUNTINGTON BEACH FIRE DEPARTMENT PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: JANUARY 10, 2017 PROJECT NAME: HQ GASTROPUB PLANNING APPLICATION NO.: PLANNING APPLICATION NO. 16-0244 ENTITLEMENTS: CONDITIONAL USE PERMIT NO. 16-045 DESIGN REVIEW BOARD NO. 16-020 DATE OF PLANS: DECEMBER 22, 2016 PROJECT LOCATION: 155 5TH STREET, #183 PROJECT PLANNER: CHRISTOPHER WONG, ASSOCIATE PLANNER PLAN REVIEWER: STEVE EROS, FIRE PROTECTION ANALYST TELEPHONE/E-MAIL: (714) 536-5531 / Steve.Eros@surfcity-hb.org PROJECT DESCRIPTION: A NEW RESTAURANT (HQ GASTROPUB) PROPOSES TO OCCUPY A 5,230-SQUARE-FOOT TENANT SPACE FORMERLY OCCUPIED BY RA SUSHI. TO ACCOMMODATE THIS NEW EATING AND DRINKING ESTABLISHMENT THE APPLICANT PROPOSES THE FOLLOWING: • FAÇADE IMPROVEMENTS: STOREFRONT IMPROVEMENTS INLCUDE NEW BRICK VENEER, HYDRAULIC VERTICAL BI-FOLD WINDOWS (THAT PROJECT INTO THE PUBLIC RIGHT-OF-WAY), CANOPIES, AND A WOOD DOOR. • ON-SALE ALCOHOL: THE PRIOR RESTAURANT TENANT, RA SUSHI, SOLD AND SERVED ALCOHOL (CUP 07-021); HOWEVER, THIS RESTAURANT HAS BEEN INOPERATIVE FOR MORE THAN 12 CONSECUTIVE MONTHS. THEREFORE, A NEW CONDITIONAL USE PERMIT IS REQUIRED TO RE-ESTABLISH ON-SALE ALCOHOL. • DEVIATION FROM CITY COUNCIL RESOLUTION NO. 2013-24: CONDITION NO. 1 OF THIS RESOLUTION LIMITS BUSINESS HOURS OF OPERATION TO BETWEEN 7:00 AM – 12:00 AM DAILY. THEREFORE, THE APPLICANT IS REQUESTING TO DEVIATE FROM THIS LIMITATION WITH THE FOLLOWING BUSINESS HOURS: MONDAY – WEDNESDAY, 11:30 AM – 12:00 AM; THURSDAY – SATURDAY, 11:30 AM – 2:00 AM; SUNDAY, 9:30 AM – 12:00 AM. The following is a list of code requirements deemed applicable to the proposed project based on plans received and dated December 22, 2016. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. The review comments below are not to be construed as being all inclusive. The project is required to comply with all of the adopted Building, Fire, and Municipal Codes in effect at the time of grading and building plan submittal for HB -137-Item 7. - 33 Page 2 of 4 permit issuance. If you have any questions regarding these requirements, please contact the Plan Reviewer- Fire: Steve Eros, Fire Protection Analyst. PRIOR TO DEMOLITION, GRADING, SITE DEVELOPMENT, ISSUANCE OF GRADING PERMITS, BUILDING PERMITS, AND/OR CONSTRUCTION, THE FOLLOWING SHALL BE REQUIRED: Fire Suppression Systems The following items shall be completed prior to issuance of a certificate of occupancy. Fire Extinguishers shall be installed and located in all areas to comply with Huntington Beach Fire Code standards found in City Specification #424. The minimum required dry chemical fire extinguisher size is 2A 10BC and shall be installed within 75 feet travel distance to all portions of the building. Extinguishers are required to be serviced or replaced annually. (FD) Fire Alarm System are required to be modified / extended with the tenant improvement. The installation must be in compliance with the CFC and NFPA 72. For Fire Department approval, reference and demonstrate compliance with CFC Chapter 9 and NFPA 72 on the plans. A C-10 electrical contractor, certified in fire alarm systems, must certify the system is operational annually. (FD) Automatic Fire Sprinklers are required to be modified / extended with the tenant improvement. The installation must be in compliance with the CFC and NFPA 13. Separate plans (two sets) shall be submitted to the Fire Department for permits and approval. Fire Code standards can be found in City Specification #420. (FD) Commercial Food Preparation Fire Protection System required for commercial cooking. Plans (three sets) shall be submitted to the Fire Department as separate plans for permits and approval. Reference compliance with City Specification # 412 Protection of Commercial Cooking Operations in the plan notes. (FD) Cooking Oil Tanks. If a cooking oil tank greater than 60 gallons is to be installed, a separate plan submittal for it is required as it is a combustible liquids tank. As per City Specification # 425, a plan must be submitted to the HBFD for review and approval, a permit issued and final inspection required. System shall be designed to meet the requirements of the 2013 CFC and NFPA 30. (FD) Carbon Dioxide Tank. If a liquefied carbon dioxide tank is to be installed for use with beverage carbonation, the carbon dioxide tank and piping must be installed in accordance with the 2013 CFC, specifically Chapters 50 and 53. If the tank capacity is greater than 6000 cubic feet, an FD construction permit must be obtained, and a separate plan submittal for compressed gasses is required. (FD) Fire Personnel Access HB -138-Item 7. - 34 Page 3 of 4 Main Secured Building Entries shall utilize a KNOX® Fire Department Access Key Box, installed and in compliance with City Specification #403, Fire Access for Pedestrian or Vehicular Security Gates & Buildings. Please contact the Huntington Beach Fire Department Administrative Office at (714) 536-5411 for information. Reference compliance with City Specification #403 - KNOX® Fire Department Access in the building plan notes. (FD) Addressing and Street Names The following items shall be completed prior to issuance of a certificate of occupancy. Structure or Building Address Assignments. The individual dwelling units shall be identified with numbers per City Specification # 409 Street Naming and Address Assignment Process. For Fire Department approval, reference compliance with City Specification #409 Street Naming and Address Assignment Process in the plan notes. (FD) Building Construction The following items shall be completed prior to issuance of a certificate of occupancy. Exit Signs And Exit Path Markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Reference compliance in the plan notes. (FD) Egress Illumination/Emergency Exit Lighting with emergency back-up power is required. Provide means of egress illumination per HBFC 604.2.4 and UBC 1003.2.9. (FD) Exit Ways and Aisles Plan is required for this project. HBFC section 408.2.1.Plans shall be submitted indicating the seating arrangement, location and width of exit ways and aisles for approval and an approved copy of the plan shall be kept on display on the premises. (FD) THE FOLLOWING SHALL BE MAINTAINED DURING CONSTRUCTION: a. Fire/Emergency Access And Site Safety shall be maintained during project construction phases in compliance with CFC Chapter 33, Fire Safety During Construction And Demolition. (FD) OTHER: a. Discovery of additional soil contamination or underground pipelines, etc., must be reported to the Fire Department immediately and the approved work plan modified accordingly in compliance with City Specification #431-92 Soil Clean-Up Standards. (FD) b. Outside City Consultants The Fire Department review of this project and subsequent plans may require the use of City consultants. The Huntington Beach City Council approved fee schedule HB -139-Item 7. - 35 Page 4 of 4 allows the Fire Department to recover consultant fees from the applicant, developer or other responsible party. (FD) Fire Department City Specifications may be obtained at: Huntington Beach Fire Department Administrative Office City Hall 2000 Main Street, 5th floor Huntington Beach, CA 92648 or through the City’s website at www.surfcity-hb.org If you have any questions, please contact the Fire Prevention Division at (714) 536-5411. HB -140-Item 7. - 36 0 4 Huntington Beach Planning Commission 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION August 16, 2007 Valentina Allen, Kerr Project Services 4655 Cass Street, Suite 200 San Diego, CA 92109 SUBJECT: CONDITIONAL USE PERMIT NO. 07-021 (RA SUSHI APPLICANT: Valentina Allen, Kerr Project Services, 4655 Cass Street, Suite 200, San Diego, CA 92109 REQUEST: To permit the establishment, maintenance and operation of a restaurant with on-site sale and consumption of alcoholic beverages. PROPERTY OWNER: CIM/Huntington, LLC, 6922 Hollywood Blvd., Los Angeles, CA 90028 LOCATION: 155 5th Street, Unit 183, 92648 (North Side of Pacific Coast Highway between 5th St. and 6th St. - The Strand/Downtown) DATE OF ACTION: August 14, 2007 On Tuesday, August 14, 2007 the Huntington Beach Planning Commission took action on your application, and your application was conditionall a roved. Attached to th is letter are the findings and conditions of approval. Please be advised th at th e Planning Commission reviews th e conceptual plan as a basic request for entitlement of the use applied for and th ere may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance requirements. Under the provisions of th e Huntington Beach Zoning and Subdivision Ordinance, th e action taken by th e Planning Commission becomes final at th e expiration of the appeal period. A person desiring to appeal the decision shall file a w ritten notice of appeal to th e City Clerk with in ten (10) calendar days of the date of th e Planning Commission's action. The notice of appeal Phone 714-536-5271 Fax 714-374-1540 www.surfcity-hb.orgHB -141-Item 7. - 37 Notice of Action: CUP 07-021 August 16.2007 Page 2 shall include th e name and address of th e appellant, the decision being appealed, and th e grounds for th e appeal . Said appeal must be accompanied by a filing fee of One Thousand, Five Hundred Forty-One Dollars ($1,541.00) if th e appeal is filed by a single family dwelling property owner appealing th e decision on his own property and Two Thousand Three Hundred Seventy-Nine Dollars ($2,379.00) if th e appeal is filed by any oth er party. In your case, th e last day for filing an appeal and paying th e filing fee is AUGUST 24 2007. Provisions of th e Huntington Beach Zoning and Subdivision Ordinance are such th at any application becomes null and void one (1) year after final approval, unless actual construction has started. "Excepting th ose actions commenced pursuant the California Environmental Quality Act, you are hereby notified th at you have 90 days to protest th e imposition of th e fees described in th is Notice of Action. If you fail to file a w ritten protest regarding any of th e fees contained in this Notice, you will be legally barred f rom later challenging such action pursuant to Govern ment Code §66020." If you have any questions, please contact, Rami Talleh Associate Planner, at rtalleh surfci - hb.org, (714) 374-1682 or th e Planning Department Zoning Counter at (714) 536-5271. Sincerely, Scott Hess, Secretary Planning Commission By: Herb Fauland, Principal Pla ner SH:HF:RT:sh Attachment: Findings and Conditions of Approval - CUP No. 07-021 C: Honorable Mayor and City Council Chair and Planning Commission Paul Emery, Deputy City Administrator Scott Hess, Director of Planning Jacques Pelletier, Division Chief/Fire Marshal Terri Elliott, Principal Civil Engineer Gerald Caraig, Permit-Plan Check Manager Property Owner Project File (G:PC\NOA\200618-14-07; CUP 07-021) HB -142-Item 7. - 38 ATTACHMENT NO. I FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 07-021 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301, class 1, of the CEQA Guidelines, which states that operation and minor alteration to existing structures involving negligible or no expansion are exempt from fu rther environmental review. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 07-021: 1. Conditional Use Permit No. 07-021 for the establishment of a 5,313 sq. ft. restaurant with on-site alcohol sales will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed uses will not create adverse noise or parking impacts to the surrounding businesses and residents based on the availability of parking within the existing parking structure and limitations on hours of operation. 2. The proposed restaurant with alcohol sales will be compatible with surrounding uses. The use will be required to comply with conditions of approval pertaining to hours of operation to assure that any potential impacts to the surrounding prope rties are minimized. The use is subject to noise regulations to ensure compatibility with surrounding businesses and residents. In addition, the proposed use is consistent with the mixed-use character of commercial developments in the downtown. 3. The proposed restaurant will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it will be located. The proposed use will comply with parking in the Downtown Parking Master Plan and will be accommodated by the parking supply within the subterranean parking structure under construction. There is no physical expansion of the approved development proposed as part of the request and the use will comply with all building occupancy/exiting requirements. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use Vertical on the subject property including the following policies and objectives identified in the General Plan: A. Land Use Element (G:PC\NOA\2006\8-14-07; CUP 07-021) Page 1 of 2 HB -143-Item 7. - 39 Polic LU 7.1.1 Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. Ob ective LU 7.1 Accommodate the development of a balance of land uses that (a) provides for the housing, commercial, employment, cultural, entertainment, and recreation needs of existing and future residents, (b) provides employment opportunities for residents of the City and surrounding subregion, (c) captures visitor and tou rist activity, and (d) provides open space and aesthetic relief from urban development. Goal LU 11 Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services, and entertainment, and reduce the need for automobile use. The proposed use will provide a new visitor-serving commercial venue within the Downtown that is consistent with the Land Use Density Schedules for the Downtown and is compatible with surrounding mixed-use development. B. Coastal Element Polic C 3.2.3 Encourage the provision of a variety of visitor-serving commercial establishments within the Coastal Zone, including but not limited to, shops, restaurants, hotels and motels, and day spas. The proposed use will promote the commercial viability of The Strand and will expand the available visitor-serving commercial uses within the Coastal Zone. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 07-021: 1. The site plan, floor plans, and elevations received and dated May 22, 2007 shall be the conceptually approved design except the storefront windows shall remain fixed. 2. The hours of operation for the restaurant shall be between 11:00 a.m. and 1:00 a.m. Sunday through Thursday and between 11:00 a.m. and 2:00 a.m. Friday and Saturday. Food service shall be provided to within one hour before closing. (PD/ED) 3. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set fo rth in this approval shall be adhered to. 4. Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (htt ://www.us bc.or /Dis la Pa e.as x?Cate o ID=19) or Build It Green's Green (G:PC\N0A\2006\8-14-07; CUP 07-021) Page 2 of 2 HB -144-Item 7. - 40 Building Guidelines and Rating Systems (htt ://www.buildit reen.or /index.cfm?fuseaction= uidelines . INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. (G:PC\NOA\2006\8-14-07; CUP 07-021) Page 3 of 2 HB -145-Item 7. - 41 RESOLUTION NO. 2013-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING CONDITIONS OF APPROVAL FOR EATING AND DRINKING ESTABLISHMENTS WITH ALCOHOLIC BEVERAGE SALES AND LIVE ENTERTAINMENT WHEREAS, the City of Huntington Beach desires to maintain a vibrant and safe downtown commercial area to be enjoyed by visitors, residents and families; and Toward that end, the City Council has established standardized Conditions of Approval for Conditional Use Permits in the Downtown Specific Plan District 1 area with alcoholic beverage sales and/or an entertainment permit, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the Conditions of Approval set forth in Exhibit A attached hereto and incorporated by this reference shall apply to all eating and drinking establishments located in the designated area with alcoholic beverage sales. 2. That the Conditions of Approval set forth in Exhibit B attached hereto and incorporated by this reference shall apply to all eating and drinking establishments located in the designated area with alcoholic beverage sales and live entertainment. 3. These proposed conditions shall apply to conditional use permit applications applied for subsequent to adoption of this Resolution for new uses and amendments to existing conditional permit use applications and shall remain in effect as part of the Conditional Use Permit via a public hearing. Any amendments to these conditions must be approved by the City Council. 1 10-2396/97629.doc HB -146-Item 7. - 42 Resolution No. 2013-24 4. Resolution No. 2011-16 is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of Jul y , 2013. 2 10-2396/97629.doc HB -147-Item 7. - 43 Resolution No. 2 0 1 3 - 2 4 EXHIBIT A EATING AND DRINKING ESTABLISHMENTS WITH ALCOHOLIC BEVERAGE SALES: The following standard Conditions of Approve shall be part a any Conditional the Perinit from the Zoning Administrator or Planning Commission for the establishment of any eating and drinking establishment with alcohol beverage sales located within the Downtown Specific Plan area, District 1: 1) Hours of operation shall be limited to between 7:00 a.m. to 12:00 a.m. midnight except for a business proposed in the following locations: a. West side of 5 th Street between Walnut Avenue and Orange Avenue the hours of operation shall be limited to between 7:00 a.m. to 10:00 p.m. b. East side of 3 th Street between Walnut Avenue and Orange Avenue the hours of operation shall be limited to between 7:00 a.m. and 10:00 p.m. 2) A minimum of 70 percent of the net floor area of the establishment shall be designated as dining area excluding back of house areas (such as areas used for cooking, kitchen preparation, office, storage, and restrooms) and outdoor dining areas. 3) Full food service menus shall be served, at a minimum, until one (1) hour before closing, and a cook and food server shall be on duty during these times. 4) Alcoholic drinks shall not be included in the price of admission to any establishment. 5) There shall be no requirement for patrons to purchase a Minimum number of alcoholic drinks. 6) All alcohol shall remain on the establishment's premises, including within outdoor dining areas. 7) An employee of the establishment must be present at all times in areas within the establishment where alcohol is served. 8) All areas of the business that are accessible to patrons shall be illuminated to make easily discernible the appearance and conduct of all people in the business. 9) Dancing and/or dance floor and/or live entertainment shall be prohibited unless a Conditional Use Permit and Entertainment Permit are approved by the City. 10) Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. 11) The establishment shall follow all conditions of the alcohol license issued by the California Department of Alcoholic Beverage Control, as well as all other relevant portions of the Huntington Beach Zoning and Subdivision Ordinance and Huntington Beach Municipal Code. 1 HB -148-Item 7. - 44 Resolution No. 20 1 3 - 2 4 12)No new customers shall be permitted after 30 minutes before closing. 13)Last call for drinks shall be no later than 15 minutes before closing. 14) Only single-sized drinks and no multiple drinks shall be served after midnight. 15) Signage, posters, and advertizing with "Do Not Drink and Drive" shall be posted in the business. 16)Mandatory Responsible Beverage Service (RBS) training and certification shall be required for new employees within 90 days of being hired and for existing employees every 12 months. Training shall be provided by an ABC approved RBS trainer and records of the training must be maintained on-site for review. 17)Establislunents shall install and maintain a video surveillance system to monitor public area of premises and shall make the video available to the police department for any criminal or civil investigation. 2 HB -149-Item 7. - 45 Resolution No. 2013-24 EXHIBIT B EATING AND DRINKING ESTABLISHMENTS WITH ALCOHOLIC BEVERAGE SALES AND LIVE ENTERTAINMENT: The following standard Conditions of Approval shall be part of any Conditional Use Permit from the Zoning Administrator or Planning Commission and the Entertainment Permit from the Police Department for the establishment of any eating and drinking establishment located within the Downtown Specific Plan area with alcohol beverage sales and entertainment, District 1: 1) Hours of operation shall be limited to between 7:00 a.m. to 12:00 a.m. midnight except for a business proposed in the following locations: a. West side of 5 th Street between Walnut Avenue and Orange Avenue the hours of operation shall be limited to between 7:00 a.m. to 10:00 p.m. b. East side of 3 rd Street between Walnut Avenue and Orange Avenue the hours of operation shall be limited to between 7:00 a.m. and 10:00 p.m. 2) A minimum of 70 percent of the net floor area of the establishment shall be designated as dining area excluding back of house areas (such as areas used for cooking, kitchen preparation, office, storage, and restrooms) and outdoor dining areas. 3) The seating capacity at all times within the dining area, excluding outdoor dining areas, shall be able to accommodate a minimum of 100 people. 4) Full food service-menu items shall be served, a minimum, until one (1) hour before closing, and a cook and food server shall be on duty during these times. 5) Alcoholic drinks shall not be included in the price of admission to any establishment. 6) There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. 7) All alcohol shall remain on the establishment's premises, including within outdoor dining areas. 8) An employee of the establishment must be present at all times in areas within the establishment where alcohol is served. 9) If dancing is allowed, the activity must be specifically identified as part of the Entertainment Permit and only in a pre-approved designated area. 10) Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. 11) No outside promoters can be used under any circumstances. 12) All exterior doors and windows shall be closed at all times during live entertainment. 10-2396197631.doc HB -150-Item 7. - 46 Resolution No? 01 3-24 13)Al1 amplified entertainment conducted by a performer shall be confined indoors at all times. 14)If outdoor entertainment is allowed, it shall be limited to: a) Non-amplified entertainment with no more than two performers. b) Amplified entertainment limited to ambient music only. 15) Any outdoor entertainment shall not be audible beyond 50 feet of the source of the entertainment. 16) No entertainment shall be audible beyond 50 feet of the business in any direction. 17) All areas of the business that are accessible to patrons shall be illuminated to make easily discernible the appearance and conduct of all people in the business. 18) All provisions of the entertainment permit required by section 5.44 of the Huntington Beach Municipal Code shall continue to apply. 19) No new customers shall be permitted after 30 minutes before closing. 20) Last call for drinks shall be no later than 15 minutes before closing. 21) Only single-sized drinks and no multiple drinks shall be served after midnight. 22) Signage, posters, and advertizing with 'Do Not Drink and Drive" shall be posted in the business. 23) Mandatory Responsible Beverage Service (RBS) training and certification shall be required for new employees within 90 days of being hired and for existing employees every 12 months. Training shall be provided by an ABC approved RBS trainer and records of the training must be maintained on-site for review. 24) Establishments shall install and maintain a video surveillance system to monitor public area of premises and shall make the video available to the police department for any criminal or civil investigation. REST OF PAGE NOT USED 10-2396/97631.doo HB -151-Item 7. - 47 Res. No. 2013-24 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on July 1, 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Sullivan, Hardy, Boardman, Carchio, Shaw, Katapodis Harper None None City • erk and ex-officio C rk of the occiired 4 City Council of the City of Huntington Beach, California HB -152-Item 7. - 48 1 Wong, Chris From:De Coite, Kim Sent:Thursday, March 02, 2017 8:14 AM To:Wong, Chris; James, Jane Subject:FW: Surf City Pipeline: Request #: 28813 is due tomorrow Follow Up Flag:Follow up Flag Status:Completed FYI    Kimberly De Coite  Administrative Assistant  Department of Community Development  714-536-5276  kdecoite@surfcity-hb.org    From: Surf City Pipeline [mailto:noreply@user.govoutreach.com] Sent: Wednesday, March 01, 2017 1:02 AM To: De Coite, Kim Subject: Surf City Pipeline: Request #: 28813 is due tomorrow Request # 28813 from the Government Outreach System is due tomorrow. Request type: Comment Request area: Planning Commission - Comments on Agenda Items Reported by: Kim Kramer Description: From: Richard Thorpe [mailto:pristinehb@aol.com] Sent: Thursday, February 16, 2017 8:01 AM To: Kim Kramer Cc: Steve Daniel; Brett Barnes; nicole.thompson@fbol.com; keith@hsssurf.com; erin.henry@hyatt.com; sblakeslee@paseahotel.com; Bob Bolen; matt@legendssportsbar.com; Wilson, Fred; CITY COUNCIL Subject: Re: HQ Gastropub I personally am against this as I am against any new liquor licenses in the downtown area we have enough but I am sure there are those that think more rapid cleanups smaller restrooms and an emergency defecation task force would be the answer to the carnage these late-night bars cause ~Dick thorpe~ On Feb 15, 2017, at 7:01 PM, Kim Kramer <kim@e-mailcom.com> wrote: To: BID President Steve Daniel, cc: BID Board of Directors, City Council, City Manager, Dear Steve, As you know, HQ Gastropub, located at 5th and PCH, is coming before the City's Planning Commission on March 14th. This will be a public hearing to approve their CUP. This restaurant looks like a wonderful addition to Downtown, but it is also a late night bar. As such, they are asking for a variance to City Council resolution 2013-24 which requires them to close at midnight. They are asking for a 2:00AM closing. No City Council has ever granted this type of variance before and NoKaOi on Main Street was recently denied a similar request. Late night alcohol, with its associated nuisance problems and crime, is a controversial issue for many in the downtown business and residential community. As such, would you please advise as to the official position of the Downtown BID. Thanks and best regards, Kim Kramer Sent from my iPad Expected Close Date: 03/02/2017 HB -153-Item 7. - 49 2 Click here to access the request HB -154-Item 7. - 50 1 Wong, Chris From:James, Jane Sent:Monday, March 06, 2017 1:29 PM To:Wong, Chris Subject:FW: March 14th Agenda -- Conditional Use Permit No. 16-045 (HQ Gastropub) FYI    Jane James | Planning Manager   City of Huntington Beach  Department of Community Development  714.536.5596 | jjames@surfcity‐hb.org    From: Richardson Gray [mailto:richardson.gray@yahoo.com] Sent: Friday, March 03, 2017 1:49 PM To: Planning Commission Subject: March 14th Agenda -- Conditional Use Permit No. 16-045 (HQ Gastropub) Dear Planning Commissioners, I have owned my home in our Downtown neighborhood for ten years. I am writing you to voice my OPPOSITION to the referenced CUP application. If you choose to approve the referenced CUP application, I urge you to condition your approval within the strict requirements of City Council Resolution No. 2013-24. This Resolution would require the applicant to close no later than 12:00 A.M. As my reasons for my opposition to the referenced CUP application, below I have reproduced the contents of a recent email of mine to all of the City Council Members. Thank you for considering my views. Richardson Gray 415 Townsquare Lane #208 Huntington Beach, CA 92648 714-348-1928 (cell) richardson.gray@yahoo.com MY EMAIL TO ALL OF THE CITY COUNCIL MEMBERS: Dear City Council Members, I have owned my home in our Downtown neighborhood for the last ten years. I am OPPOSED to any changes to Resolution No. 2013-24. If the Council needs to make an exception for a renovation of one or two existing Downtown alcohol establishments, renovations that should improve the residential quality of life for the surrounding Downtown neighborhood, this approach would be highly preferable to changing Resolution No. 2013-24. The Main Street area of Downtown already has an astronomical concentration of ABC establishments, a sizable multiple of the number recommended by the California ABC. The Main Street area of Downtown has by far the worst crime rate in all of the City, again a sizable multiple of the average crime rate in the City as a whole. For the entire City, we have ranked first or near the top ranking in the entire State for alcohol related auto accidents causing death or bodily injury for midsize cities for the last several years. All of these negative indices will only be worsened by the proposed changes to Resolution No. 2013-24. The overly rowdy late night bar scene in the Main Street area of Downtown tarnishes the entire City's image for residents, tourists, and businesses. This poor image in turn hurts property values throughout the City, and thereby hurts property tax revenues, the City's leading source of funding. I remain convinced that the City's first priority should be residential quality of life, as Huntington Beach is primarily a bedroom community. By making this goal foremost, I believe any revenue concerns the City might have will automatically HB -155-Item 7. - 51 2 take care of themselves through higher home values and the resulting higher property taxes. Thank you for considering my views. And I hope you will leave Resolution No. 2013-24 in tact. Richardson Gray HB -156-Item 7. - 52 City of Huntington Beach Community Development Department STAFF REPORT TO: Planning Commission FROM: Scott Hess, AICP, Director of Community Development BY: Christopher Wong, Associate Planner DATE: March 14, 2017 SUBJECT: CONDITIONAL USE PERMIT NO. 16-045 (HQ GASTROPUB) PROJECT APPLICANT: Heather Anderson, 3195B Airport Loop Drive, Costa Mesa, CA 92626 PROPERTY OWNER: Capref Strand LLC, 8343 Douglas Avenue, Suite 200, Dallas, TX 75225 LOCATION: 155 5th Street, #183, 92648 (north side of Pacific Coast Highway between 5th Street and 6th Street – The Strand) STATEMENT OF ISSUE:  Conditional Use Permit No. 16-045 request:  To reestablish a restaurant with on-site sales and consumption of alcohol in a vacant 5,431-square- foot tenant space.  To amend Condition No. 1 from City Council Resolution No. 2013-24, Exhibit A, to allow the restaurant to operate until 2:00 am three days a week in lieu of operating between 7:00 am and 12:00 am daily as required.  To make improvements to the existing building façade for the new restaurant.  Staff Recommendation: Recommend approval of Conditional Use Permit No. 16-045; recommend compliance with all standard conditions of approval from City Council Resolution No. 2013-24, Exhibit A (i.e., the restaurant shall close at 12:00 am midnight); and forward to the City Council for action based upon the following:  The proposed restaurant with on-site sales and consumption of alcohol is compatible with surrounding land uses with conditions of approval.  The proposed restaurant with on-site sales and consumption of alcohol and façade improvements will comply with the Huntington Beach Zoning and Subdivision Ordinance, Downtown Specific Plan No. 5, applicable provisions of the Municipal Code, and standard conditions of approval from City Council Resolution No. 2013-24 and, therefore, will not result in significant impacts to the site and surrounding area.  The proposed restaurant with on-site sales and consumption of alcohol is consistent with the General Plan designation of M-≥30-d-sp-pd, and facilitates the growth of a visitor-serving commercial use. HB -157-Item 7. - 53 PC Staff Report – 3/14/2017 2 (17sr09 CUP 16-045 HQ Gastropub) RECOMMENDATION: Motion to: “Recommend approval of Conditional Use Permit No. 16-045, and recommend compliance with all conditions of approval from City Council Resolution No. 2013-24, Exhibit A, including closing at 12:00 midnight, with suggested findings and conditions of approval, and forward to the City Council for action (Attachment No. 1).” HB -158-Item 7. - 54 d VICINITY MAP CONDITIONAL USE PERMIT NO. 16-045 (HQ GASTROPUB – 155 5TH STREET, #183) Subject Site HB -159-Item 7. - 55 PC Staff Report – 3/14/2017 2 (17sr09 CUP 16-045 HQ Gastropub) ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. “Recommend approval of Conditional Use Permit No. 16-045; recommend compliance with all standard conditions of approval from City Council Resolution No. 2013-24, Exhibit A, except Condition No. 1 and allow the restaurant to operate until 2:00 am three days a week with suggested findings and conditions of approval.” (Applicant’s Request) B. “Continue Conditional Use Permit No. 16-045 and direct staff accordingly.” C. “Recommend denial of Conditional Use Permit No. 16-045 with suggested findings for denial.” PROJECT PROPOSAL: Conditional Use Permit No. 16-045 represents a request for the following: 1) To reestablish a restaurant with on-site sales and consumption of alcohol (HQ Gastropub) in a vacant 5,431-square-foot tenant space, pursuant to CUP No. 99-045 conditions of approval no. 13 and 15, and SP5 Section 3.3.1.4. The subject tenant space was previously occupied by a restaurant that sold alcohol for on-site consumption; however, this restaurant ceased operation for more than 12 consecutive months. Therefore, the previous Conditional Use Permit (CUP No. 07-021) expired, and a new CUP is required to reestablish a restaurant with alcohol sales. 2) To operate a restaurant with alcohol sales until 2:00 am three days a week. City Council Resolution No. 2013-24, Exhibit A, Condition No. 1 (Attachment No. 5) specifically limits restaurants in the Downtown Specific Plan District 1 to operate between the hours of 7:00 am and 12:00 am only. Therefore, the applicant requests an amendment to this condition to allow the restaurant to operate past 12:00 am three days a week as seen in the table below. Since the resolution specifically gives authority to the City Council to amend the resolution conditions, the Planning Commission will be making a recommendation to the City Council regarding this request. PROPOPSED BUSINESS HOURS OF OPERATION DAY HOURS Monday – Wednesday 11:30 am – 12:00 am Thursday – Saturday 11:30 am – 2:00 am Sunday 9:30 am – 12:00 am 3) To improve the building façade for the new restaurant, which includes the installation of a wood door, hydraulic bi-fold window system, brick veneer, and metal canopies. The proposed window system will allow windows to completely open to the exterior, allowing unobscured views of the ocean and beach. With this request, the applicant intends to establish a restaurant or “gastropub” in downtown, which focuses on a full menu of high quality food with a vast selection of craft beers, wines, and distilled spirits from the around the world. This new restaurant will generally maintain the same layout as the previous HB -160-Item 7. - 56 PC Staff Report – 3/14/2017 3 (17sr09 CUP 16-045 HQ Gastropub) restaurant, which includes 2,238 square feet of dining area, 823 square feet of bar area, and 2,370 square feet of kitchen, office, storage, and restroom areas. Live entertainment and patron dancing are not offered on the premises. Televisions are proposed in the establishment that will display pre-recorded music videos. For more information, refer to the project narrative submitted by the applicant (Attachment No. 3). Restaurant Background: The project site has been occupied by restaurant uses since 2009. On August 14, 2007, the Planning Commission approved Conditional Use Permit No. 07-021 (Attachment No. 5) to allow on-site sale and consumption of alcoholic beverages in the subject location. On May 20, 2015, the restaurant ceased operation, according to Business License records. The exercise of rights granted by Conditional Use Permit No. 07-021 discontinued for 12 consecutive months, therefore, the CUP expired on May 20, 2016. Resolution No. 2013-24 Background: On July 1, 2013, the City Council adopted Resolution No. 2013-24 (Attachment No. 6), which established standard conditions of approval for Conditional Use Permits involving alcoholic beverage sales and/or live entertainment in the Downtown Specific Plan District 1 area. It was intended to address public safety, as well as the growing presence of nightclubs and bars, in the downtown area. At the time of adoption, all existing eating and drinking establishments in downtown were not subject to the conditions of the resolution. These conditions are applied to new eating and drinking establishments with alcohol sales and/or live entertainment, as well as amendments to existing Conditional Use Permits. Additionally, any amendments (or deviations) to the conditions of the resolution must be approved by the City Council. ISSUES: Subject Property and Surrounding Land Use, Zoning, and General Plan Designations: The subject restaurant space is located in an existing mixed-use development, known as the Strand, which consists of several multi-story buildings. It occupies a ground floor tenant space on the north side of Pacific Coast Highway (PCH) between 5th Street and 6th Street. The storefront and main entrance to the restaurant are oriented towards PCH and the Pacific Ocean. The table below identifies the General Plan designations, zoning, and existing land uses of the subject property and surrounding area. LOCATION LAND USE GENERAL PLAN ZONING Subject property: Mixed-Use Development M-≥30-d-sp-pd (Mixed Use – Greater than 30.0 dwelling units per net acre – Special Design Standards Overlay – Specific Plan Overlay – Pedestrian District Overlay) SP5-CZ (Downtown Specific Plan – Coastal Zone) North of subject property: East of subject property: West of subject property: South of subject property (and across PCH): Beach, Pacific Ocean OS-S (Open Space – Shore) HB -161-Item 7. - 57 PC Staff Report – 3/14/2017 4 (17sr09 CUP 16-045 HQ Gastropub) General Plan Conformance: The General Plan Land Use Map designates the subject property as M-≥30-d-sp-pd (Mixed Use – Greater than 30.0 dwelling units per net acre – Special Design Standards Overlay – Specific Plan Overlay – Pedestrian District Overlay). The proposed project, as conditioned, is consistent with this designation and the policies, objectives, and goal of the City’s General Plan as follows: A. Land Use Element Objective LU 7.1 Accommodate the development of a balance of land uses that (a) provides for the housing, commercial, employment, cultural, entertainment, and recreation needs of existing and future residents, (b) provides employment opportunities for residents of the City and surrounding sub-region, (c) captures visitor and tourist activity, and (d) provides open space and aesthetic relief from urban development. Policy LU 10.1.8 Require that entertainment, drinking establishments, and other similar uses provide adequate physical and safety measures to prevent negative impacts on adjacent properties. Goal LU 11 Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services, and entertainment, and reduce the need for automobile use. Eating and drinking establishments contribute to the economic vibrancy of downtown by serving the commercial, employment, entertainment, and recreation needs of nearby residents and visitors. By allowing on-site sales and consumption of alcohol, this will serve to accommodate and facilitate the success of the proposed eating and drinking establishment. With conditions of approval, on-site sales and consumption of alcohol will be compatible with the land uses in the surrounding neighborhood while providing a service that is responsive to market needs. Conditions have been added to the permit which limits the use and manner in which alcohol may be sold and consumed, and limits the business hours of operation consistent with Resolution No. 2013-24. This will allow alcohol sales and consumption in a safe manner for customers and residents of the surrounding area. Thus, the sale of beer, wine, and distilled spirits for on-site consumption is consistent with goals, objectives, and policies of the General Plan. B. Economic Development Element Policy ED 2.4.3 Encourage the expansion of the range of goods and services provided in Huntington Beach to accommodate the needs of all residents in Huntington Beach and the market place. Objective ED 2.6 Expand and enhance the existing visitor serving uses. Policy ED 3.2.3 Attract visitor-serving uses near the beach in order to create better linkages between the beach and visitor supporting retail uses. The project site is located across the street from the beach and in the City’s downtown area, which has evolved into a pedestrian-friendly urban village containing a mix of restaurants, retail, and HB -162-Item 7. - 58 PC Staff Report – 3/14/2017 5 (17sr09 CUP 16-045 HQ Gastropub) entertainment uses. Allowing on-site sales and consumption of alcohol in a new restaurant will preserve and enhance the range of goods and services provided in this downtown area near the beach. Therefore, the proposed use will facilitate continued viability of the existing commercial center (The Strand), and attract visitors from beyond the region. C. Noise Element Objective N 1.8 Minimize the generation of excessive noise level impacts from entertainment and restaurant/bar establishments into adjacent residential or “noise sensitive” land uses. Policy N 1.8.1 Require that entertainment and restaurant/bar uses take appropriate steps to control the activities of their patrons on-site, as well as within a reasonable and legally justified distance or proximity, to minimize potential noise-related impacts on adjacent residential neighborhoods. The nearest residences are located on 6th Street, approximately 300 feet away and northwest of the project site. The subject restaurant is located along Pacific Coast Highway, which is a State Facility, and oriented towards the Pacific Ocean away from residential areas. In addition, The Strand includes a dedicated parking structure for patrons, thereby reducing noise disturbances from patrons and motorists. Consideration has also been given to occupants of the hotel located above the establishment. Conditions have been imposed that will minimize potential significant noise impacts to these occupants. Therefore, on-site sales and consumption of alcohol is not anticipated to generate noise that will significantly impact surrounding uses as conditioned. Zoning Compliance: The proposed restaurant is located within the Downtown Specific Plan (SP5) District 1 area and is, therefore, subject to SP5 zoning district standards. Pursuant to SP5 Section 3.3.1.4, a Conditional Use Permit from the Planning Commission is required for eating and drinking establishments with alcohol that operate past 11:00 pm, Monday through Thursday, and/or 12:00 am, Friday through Sunday. In 2007, the Planning Commission approved a CUP for such an establishment; however, this CUP expired and a new CUP is required pursuant to Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 241.16, which addresses discontinuance of a conditionally approved land use. The proposed restaurant also complies with requirements for parking because the building suite was originally parked as a restaurant use with the initial conditional use permit and coastal development permit for The Strand development. Urban Design Guidelines Conformance: The proposed façade improvements are in substantial conformance with the Urban Design Guidelines, Chapter 5, Downtown/Main Street Commercial. These improvements maintain the same high ratio of window to wall area as the existing façade, which is required. Furthermore, the design incorporates a hydraulic bi-folding window system along the storefront, which allows windows to open completely. When fully open, windows will encroach into the public right-of-way, which is owned by the California Department of Transportation (Caltrans). Therefore, as a condition of the approval the applicant will be required to obtain an encroachment permit from Caltrans. Otherwise, these proposed windows provide visual interest at the street level, support an active pedestrian environment, and take advantage of ocean HB -163-Item 7. - 59 PC Staff Report – 3/14/2017 6 (17sr09 CUP 16-045 HQ Gastropub) views. Also, the proposed materials and colors complement the colors and materials of The Strand, thereby creating a vibrant and attractive atmosphere. Environmental Status: The proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 Existing Facilities, because the project involves a minor alteration to the operation of an existing development involving negligible expansion of an existing use. Coastal Status: The project involves minor alteration of an existing structure that is located within the non-appealable area of the Coastal Zone. Therefore, the proposed façade improvements and request to reestablish a restaurant with alcohol sales is exempt from the requirements of HBZSO Chapter 245 (Coastal Development Permit), and a Coastal Development Permit is not required. Design Review Board: In accordance with SP5 Section 2.5.9, design review is required for all facade improvements/remodels in Downtown. Therefore, the Design Review Board (DRB) considered the proposed façade improvements at its regular meeting on February 9, 2017. During the meeting, the DRB asked if there is any proposed landscaping. Staff explained there is no proposed landscaping because all commercial and mixed-use development in District 1 are exempt from landscaping requirements for all setbacks. In addition, there are existing palm trees in the public right-of-way. Also, the DRB questioned the compatibility of the proposed brick veneer with the existing development. Staff identified other areas of The Strand (i.e., Forever 21) with brick veneer. Finally, the DRB questioned if the bi-folding windows provided adequate vertical clearance when fully open. Staff indicated the Building Division reviewed the proposed design, including the proposed window system, and determined it complied with the California Building Code. Following this discussion, the DRB unanimously voted to recommend the Planning Commission approve the proposed façade improvements. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: The Departments of Community Development, Fire, and Police reviewed the application and identified applicable code requirements. These requirements were submitted to the applicant, and are attached for informational purposes only (Attachment No. 4). Comments from the Police Department are included as suggested conditions of approval to minimize potential impacts resulting from sales and consumption of alcohol on the premises. Public Notification: A legal notice was published in the Huntington Beach Wave on March 2, 2017. Notices were also mailed to property owners of record and occupants within a 500-foot radius of the project site, individuals and HB -164-Item 7. - 60 PC Staff Report – 3/14/2017 7 (17sr09 CUP 16-045 HQ Gastropub) organizations requesting notification (Community Development Department Notification Matrix), the project applicant, and interested parties. On March 2, 2017, Mr. Richard Thorpe submitted written opposition (Attachment No. 7) to “any new liquor licenses in the downtown area” in response to the public notice. Mr. Thorpe asserts there are enough liquor licenses in downtown already. On March 3, 2017, Mr. Richardson Gray submitted written opposition (Attachment No. 8) to any amendments to the conditions of approval from Resolution No. 2013-24. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): February 21, 2017 April 21, 2017 Conditional Use Permit No. 16-045 was filed on December 22, 2016 and deemed complete on February 21, 2017. The application is scheduled for public hearing before the Planning Commission at its regular meeting on March 14, 2017. ANALYSIS: Land Use Compatibility: The proposed restaurant with on-site sales and consumption of alcohol (beer, wine, and distilled spirits) is located in an existing mixed-use development which includes retail, office, food, service, and hotel uses. Hotel rooms are located immediately above the restaurant. In addition, the nearest residential uses to the restaurant entrance are approximately 300 feet away (walking distance) on 6th Street, which is northwest of the project site. Although residents and hotel occupants are nearby, the proposed location has proven suitable for a restaurant use with on-site sales and consumption of alcohol. For approximately eight years, the subject tenant space was occupied by a restaurant that sold alcohol for on-site consumption. The hours of operation for this restaurant were between 11:00 am and 1:00 am, Sunday through Thursday, and between 11:00 am and 2:00 am, Friday and Saturday. The Police Department indicated the establishment was never a problem. An existing parking structure for patrons of The Strand also minimizes disturbances to nearby residents by increasing the likelihood that motorists will not park on adjoining residential streets. Furthermore, the restaurant is required to comply with all provisions of Huntington Beach Municipal Code Chapter 8.40 Noise Control. Finally, to ensure the proposed restaurant will remain compatible with surrounding land uses, conditions are suggested requiring bi-fold windows along the storefront to be closed between the hours of 10:00 pm and 7:00 am daily. Business Characteristics and Operation: Characteristics of the business and operation indicate the primary use will remain restaurant. A full menu of prepared food items for on-site consumption is served during business hours. No outdoor dining area is proposed, indicating the consumption of alcohol will be contained within the building interior. HB -165-Item 7. - 61 PC Staff Report – 3/14/2017 8 (17sr09 CUP 16-045 HQ Gastropub) Additionally, live entertainment and patron dancing is not offered on the premises, and proposed televisions will display pre-recorded music videos. Finally, the floor layout dedicates 3,061 square feet of restaurant floor area to customer dining and bar area. Approximately 73% of this area (2,238 square feet) is dedicated to dining area, and 27% (823 square feet) to bar area. The remaining restaurant floor area is dedicated to restrooms, offices, storage, and a complete kitchen with food preparation area. The floor layout remains generally the same as the previous restaurant; however, the existing bar will be separated into two smaller bar areas. This will not result in a net increase in bar area. This layout demonstrates the business will continue to operate as a restaurant where on-site sales and consumption of food is the primary activity. Therefore, it is evident the request for alcohol is ancillary to the primary restaurant use and will serve to augment the overall dining experience. The Police Department reviewed the characteristics of the business and operation, and suggested several conditions of approval to ensure the establishment will continue to operate as a restaurant that will not affect surrounding properties. Such conditions require availability of food service until at least one hour before closing time, the service of alcoholic beverages within the interior of the restaurant only, the prohibition of dancing and entertainment, illumination and security cameras, and compliance with all applicable laws. Alternative Motion (Applicant’s Request): City Council Resolution No. 2013-24, Exhibit A, Condition No. 1 requires the new restaurant to cease operation at 12:00 am daily. The intent is to ensure the business continues to operate as a restaurant, and preclude its conversion into a bar or nightclub. The Police Department and Community Development Department are not opposed to the applicant’s request to remain open until 2:00 am three days a week. Extended hours are not anticipated to impact the surrounding neighborhood as discussed previously, and a new Conditional Use Permit offers the City Council an opportunity to impose other conditions upon the approval to achieve the same intent of Resolution No. 2013-24. However, the Resolution conditions were adopted by the Council to specifically prevent the proliferation of bars and nightclubs in downtown. For this reason, staff recommends that the Planning Commission forward this request to the City Council with a recommendation that the proposed restaurant comply with all conditions of approval from Resolution No. 2013-24, Exhibit A, including the limitations upon hours of operation. Conclusion: The request to reestablish a restaurant with on-site sales and consumption of alcohol (beer, wine, and distilled spirits) and façade improvements are consistent with the scope and intent of development in Downtown and are supported by the General Plan. In addition, the proposed use as conditioned will be compatible with land uses in the surrounding neighborhood. Accordingly, staff recommends approval of the request subject to conditions of approval. ATTACHMENTS: 1. Suggested Findings and Conditions of Approval for Conditional Use Permit No. 16-045 2. Site Plan, Floor Plan, Building Elevations, Colored Rendering, and Canopy Details received and dated February 16, 2017 3. Project Narrative received and dated January 31, 2017 HB -166-Item 7. - 62 PC Staff Report – 3/14/2017 9 (17sr09 CUP 16-045 HQ Gastropub) 4. Code Requirements Letter dated February 16, 2017 (for informational purposes only) 5. Notice of Action for Conditional Use Permit No. 07-021 dated August 16, 2007 6. City Council Resolution No. 2013-24 7. Written e-mail communication from Richard Thorpe received March 1, 2017 8. Written e-mail communication from Richardson Gray received March 3, 2017 SH:JJ:CW:kd HB -167-Item 7. - 63 PC Staff Report – 3/14/2017 Attachment No. 1.1 ATTACHMENT NO. 1 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 16-045 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds the project will not have a significant effect on the environment, and is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 Existing Facilities, because the project involves a minor alteration to the operation of an existing development involving negligible expansion of an existing use. SUGGESTED FINDINGS FOR APPROVAL – CONDITIONAL USE PERMIT NO. 16-045: 1. Conditional Use Permit No. 16-045, which reestablishes on-site sales and consumption of alcoholic beverages (beer, wine, and distilled spirits) in a 5,431-square-foot eating and drinking establishment, will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood with conditions of approval. Even with alcohol, characteristics of the business and operation indicate the primary use will remain restaurant. A full menu of prepared food items for on-site consumption is served during business hours. No outdoor dining area is proposed, indicating the consumption of alcohol will be contained within the building interior. Additionally, live entertainment and patron dancing is not offered on the premises. Finally, the floor layout dedicates 3,061 square feet of restaurant floor area to customer dining and bar area. Approximately 73% of this area (2,238 square feet) is dedicated to dining, and 27% (823 square feet) to bar. The remaining restaurant floor area (2,370 square feet) is dedicated to restrooms, offices, storage, and a complete kitchen with food preparation area. Therefore, it is evident the request for alcohol is ancillary to the primary restaurant use and will serve to augment the overall dining experience. Such a use will not be detrimental to the welfare of persons in the vicinity and will help sustain a vital area for business activity that serves the community. To ensure the proposed use will remain incidental to the primary restaurant use, conditions are included which limit the use and manner in which beer, wine, and distilled spirits may be sold and consumed. Such conditions require availability of food service until at least one hour before closing time, the service of alcoholic beverages within the interior of the restaurant only, the prohibition of dancing and entertainment, illumination and security cameras, and compliance with all applicable laws. 2. On-site sales and consumption of alcoholic beverages (beer, wine, and distilled spirits) in a new restaurant will be compatible with surrounding land uses. The project site is located within an existing commercial development with a mix of retail, office, food, service, and hotel uses. The nearest residential uses to the restaurant are approximately 300 feet away to the northwest on 6th Street. These residences are buffered from the subject commercial activity because the tenant storefront is oriented towards Pacific Coast Highway and the Pacific Ocean. In addition, parking is available in a parking structure that serves The Strand. It is anticipated patrons will park in the structure rather than on the street in front of residences. Furthermore, the proposed location has proven suitable for a restaurant use with on-site sales and consumption of alcohol. For approximately HB -168-Item 7. - 64 PC Staff Report – 3/14/2017 Attachment No. 1.2 eight years, the subject tenant space was occupied by a restaurant that sold alcohol for on-site consumption. The Police Department indicated the establishment was never a problem. Therefore, the proposed restaurant use with on-site sales, service, and consumption of alcohol is compatible with surrounding uses. 3. The request to permit on-site sales and consumption of alcoholic beverages (beer, wine, and distilled spirits) in a new restaurant complies with Specific Plan No. 5 (SP5) zoning district standards, applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and specific conditions required for the proposed use from Resolution No. 2013-24. 4. The granting of a Conditional Use Permit to allow on-site sales and consumption of alcoholic beverages (beer, wine, and distilled spirits) within a new eating and drinking establishment is consistent with the General Plan. The General Plan Land Use Map designates the subject property as M-sp-d (Mixed Use – Specific Plan Overlay – Special Design Standards Overlay). The proposed project, as conditioned, is consistent with this designation and the policies, objectives, and goal of the City’s General Plan as follows: A. Land Use Element Objective LU 7.1 Accommodate the development of a balance of land uses that (a) provides for the housing, commercial, employment, cultural, entertainment, and recreation needs of existing and future residents, (b) provides employment opportunities for residents of the City and surrounding sub-region, (c) captures visitor and tourist activity, and (d) provides open space and aesthetic relief from urban development. Policy LU 10.1.8 Require that entertainment, drinking establishments, and other similar uses provide adequate physical and safety measures to prevent negative impacts on adjacent properties. Goal LU 11 Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services, and entertainment, and reduce the need for automobile use. Eating and drinking establishments contribute to the economic vibrancy of downtown by serving the commercial, employment, entertainment, and recreation needs of nearby residents and visitors. By allowing on-site sales and consumption of alcohol, this will serve to accommodate and facilitate the success of the proposed eating and drinking establishment. With conditions of approval, on-site sales and consumption of alcohol will be compatible with the land uses in the surrounding neighborhood while providing a service that is responsive to market needs. Conditions have been added to the permit which limits the use and manner in which alcohol may be sold and consumed, and limits the business hours of operation consistent with Resolution No. 2013-24. This will allow alcohol sale and consumption in a safe manner for customers and residents of the surrounding area. Thus, the sale of beer, wine, and distilled spirits for on-site consumption is consistent with goals, objectives, and policies of the General Plan. B. Economic Development Element HB -169-Item 7. - 65 PC Staff Report – 3/14/2017 Attachment No. 1.3 Policy ED 2.4.3 Encourage the expansion of the range of goods and services provided in Huntington Beach to accommodate the needs of all residents in Huntington Beach and the market place. Objective ED 2.6 Expand and enhance the existing visitor serving uses. Policy ED 3.2.3 Attract visitor-serving uses near the beach in order to create better linkages between the beach and visitor supporting retail uses. The project site is located across the street from the beach and in the City’s downtown area, which has evolved into a pedestrian-friendly urban village containing a mix of restaurants, retail, and entertainment uses. Allowing on-site sales and consumption of alcohol in a new restaurant will preserve and enhance the range of goods and services provided in this downtown area near the beach. Therefore, the proposed use will facilitate continued viability of the existing commercial center (The Strand), and attract visitors from beyond the region. C. Noise Element Objective N 1.8 Minimize the generation of excessive noise level impacts from entertainment and restaurant/bar establishments into adjacent residential or “noise sensitive” land uses. Policy N 1.8.1 Require that entertainment and restaurant/bar uses take appropriate steps to control the activities of their patrons on-site, as well as within a reasonable and legally justified distance or proximity, to minimize potential noise-related impacts on adjacent residential neighborhoods. The nearest residences are located on 6th Street, approximately 300 feet away and northwest of the project site. However, the subject restaurant is located along Pacific Coast Highway, which is a State Facility, and oriented towards the Pacific Ocean away from residential areas. In addition, The Strand includes a dedicated parking structure for patrons, thereby reducing noise disturbances from patrons and motorists. Consideration has also been given to occupants of the hotel located above the establishment. Conditions have been imposed that will minimize potential significant noise impacts to these occupants. Therefore, on-site sales and consumption of alcohol is not anticipated to generate noise that will significantly impact surrounding uses as conditioned. SUGGESTED CONDITIONS OF APPROVAL – CONDITIONAL USE PERMIT NO. 16-045: 1. The site plan and floor plan received and dated February 16, 2017, shall be the conceptually approved design. 2. The use shall comply with the following: a. Hours of operation shall be limited to between 7:00 a.m. to 12:00 a.m. midnight. (Resolution No. 2013-24, Exhibit A) HB -170-Item 7. - 66 PC Staff Report – 3/14/2017 Attachment No. 1.4 b. A minimum of 70 percent of the net floor area of the establishment shall be designated as dining area excluding back of the house areas (such as areas used for cooking, kitchen preparation, office, storage, and restrooms) and outdoor dining areas. (Resolution No. 2013-24, Exhibit A) c. Full food service menus shall be served, at a minimum, until one (1) hour before closing, and a cook and food server shall be on duty during these times. (Resolution No. 2013-24, Exhibit A) d. Alcoholic drinks shall not be included in the price of admission to any establishment. (Resolution No. 2013-24, Exhibit A) e. There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (Resolution No. 2013-24, Exhibit A) f. All alcohol shall remain within the establishment’s premises. (Resolution No. 2013-24, Exhibit A) g. An employee of the establishment must be present at all times in areas within the establishment where alcohol is served. (Resolution No. 2013-24, Exhibit A) h. All areas of the business that are accessible to patrons shall be illuminated to make easily discernible the appearance and conduct of all people in the business. (Resolution No. 2013-24, Exhibit A) i. Dancing and/or dance floor and/or live entertainment shall be prohibited unless a Conditional Use Permit and Entertainment Permit are approved by the City. (Resolution No. 2013-24, Exhibit A) j. Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. (Resolution No. 2013-24, Exhibit A) k. The establishment shall follow all conditions of the alcohol license issued by the California Department of Alcoholic Beverage Control, as well as all other relevant portions of the Huntington Beach Zoning and Subdivision Ordinance and Huntington Beach Municipal Code. (Resolution No. 2013-24, Exhibit A) l. No new customers shall be permitted after 30 minutes before closing. (Resolution No. 2013-24, Exhibit A) m. Last call for drinks shall be no later than 15 minutes before closing. (Resolution No. 2013-24, Exhibit A) n. Only single-sized drinks and no multiple drinks shall be served after midnight. (Resolution No. 2013-24, Exhibit A) o. Signage, posters, and advertising with “Do Not Drink and Drive” shall be posted in the business. (Resolution No. 2013-24, Exhibit A) HB -171-Item 7. - 67 PC Staff Report – 3/14/2017 Attachment No. 1.5 p. Mandatory Responsible Beverage Service (RBS) training and certification shall be required for new employees within 90 days of being hired and for existing employees every 12 months. Training shall be provided by an ABC approved RBS trainer and records of the training must be maintained on-site for review. (Resolution No. 2013-24, Exhibit A) q. Establishments shall install and maintain a video surveillance system to monitor public area of premises and shall make the video available to the police department for any criminal or civil investigation. The business shall employ a video surveillance system and a one-month video library. The minimum requirements for the cameras will be: color, digital recording to DVR and able to record in low light. The business shall ensure all doors, eating areas, and parking areas are covered by video surveillance. Electronic copies of video must be made available to the Huntington Beach Police Department within 48 hours of request. Digital recordings shall be made available for viewing on-scene upon request by police officers conducting investigations. (Resolution No. 2013-24, Exhibit A / PD) r. Bi-fold windows along the storefront shall remain closed from 10:00 pm to 7:00 am daily. (CDD) s. Prior to the issuance of any building permits, an encroachment permit shall be obtained from the California Department of Transportation (Caltrans) for any projections into the public right-of- way.(CDD / PW) t. Prior to sales, service or consumption of alcoholic beverages the establishment shall obtain an ABC license authorizing On Sale alcohol sales. The establishment shall be limited to a Type 47 (On Sale Eating Place) ABC License. (PD) u. Signs shall be posted in a conspicuous space at the entrance/exit of the restaurant, which shall state, “NO ALCOHOLIC BEVERAGES BEYOND THIS POINT.” (PD) v. Service of alcoholic beverages for consumption off-site shall not be permitted. (PD) w. No reduced price or promotions of alcoholic beverages shall be allowed after 7:00 pm. (PD) x. No loitering shall be permitted within the vicinity of any entrances and exits at any time. (PD) y. Consumption of alcoholic beverages by on-duty employees; including servers, bartenders, kitchen staff, management and supervisory personnel is forbidden. (PD) z. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. (PD) aa. There shall be no window coverings or advertisements that reduce the visibility inside of the business. This will assist officers in observing crimes in progress. (PD) HB -172-Item 7. - 68 PC Staff Report – 3/14/2017 Attachment No. 1.6 bb. 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. (PD) 3. The development services departments and divisions (Police, Building and Safety, Fire, Planning, and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development and Police Chief may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the development services departments have reviewed and approved proposed changes for conformance with the intent of the Planning Commission’s action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. 4. Conditional Use Permit No. 16-045 shall become null and void unless exercised within two years of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 5. The Planning Commission reserves the right to revoke Conditional Use Permit No. 16-045 pursuant to a public hearing for revocation, if any violation of the conditions of approval, Huntington Beach Zoning and Subdivision Ordinance, or Municipal Code occurs. 6. Incorporation of sustainable or “green” building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.org/DisplayPage.aspx?CategoryID=19) or Build It Green’s Green Building Guidelines and Rating Systems (https://www.builditgreen.org/greenpoint-rated). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney’s fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. HB -173-Item 7. - 69 March 15, 2017 Heather Anderson 3195B Airport Loop Drive Costa Mesa, CA 92626 SUBJECT: CONDITIONAL USE PERMIT NO. 16-045 (HQ GASTROPUB) APPLICANT: Heather Anderson, 3195B Airport Loop Drive, Costa Mesa, CA 92626 PROPERTY OWNER: Capref Strand LLC, 8343 Douglas Avenue, Suite 200, Dallas, TX 75225 REQUEST: To reestablish a restaurant and alcohol sales for on-site consumption in an existing 5,374-sq.-ft. vacant space that will be occupied by a new restaurant tenant (HQ Gastropub). This new restaurant is subject to conditions of approval established in City Council Resolution No. 2013-24. Therefore, the applicant also requests to amend the conditions of this resolution to allow the business to operate Monday through Wednesday, 11:30 am to 12:00 am, Thursday through Saturday, 11:30 am to 2:00 am, and Sunday, 9:30 am to 12:00 am in lieu of operating between 7:00 am and 12:00 am daily as required. LOCATION: 155 5th Street, #183, 92648 (north side of Pacific Coast Highway between 5th Street and 6th Street — The Strand) DATE OF ACTION: March 14, 2017 On Tuesday, March 14, 2017, the Huntington Beach Planning Commission took action on your application, and your application was recommended for approval with suggested findings and conditions of approval and forwarded to the City Council. The application will now be forwarded to the City Council for final review and action at a noticed public hearing. You will be notified of the upcoming City Council meeting when it is scheduled. Huntington Beach Planning Commission 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION Phone 714-536-5271 Fax 714-374-1540 www,surfcity-hb.org HB -174-Item 7. - 70 Notice of Action: CUP 16-045 M arch 15, 2017 Page 2 If you have any questions, please contact Christopher Wong, the project planner, at Chris.Wong@surfcity-hb.org or (714) 374-5357 or the Community Development Department Zoning Counter at (714) 536-5271. Sincerely, Scott Hess, Secretary Planning Commission By: Jane/Jame Planning Manager SH:JJ:CW:kdc Attachment: Suggested Findings and Conditions of Approval — CUP No. 16-045 c: Honorable Mayor and City Council Chair and Planning Commission Fred A. Wilson, City Manager Scott Hess, Director of Planning and Building Bill Reardon, Division Chief/Fire Marshal Paul D'Alessandro, Assistant City Attorney Debbie DeBow, Principal Civil Engineer Mark Carnahan, Building Manager Christopher Wong, Associate Planner Property Owner Project File HB -175-Item 7. - 71 ATTACHMENT NO. 1 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. '16-045 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds the project will not have a significant effect on the environment, and is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 Existing Facilities, because the project involves a minor alteration to the operation of an existing development involving negligible expansion of an existing use. SUGGESTED FINDINGS FOR APPROVAL — CONDITIONAL USE PERMIT NO. 16-045: 1. Conditional Use Permit No. 16-045, which reestablishes on-site sales and consumption of alcoholic beverages (beer, wine, and distilled spirits) in a 5,431-square-foot eating and drinking establishment, will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood with conditions of approval. Even with alcohol, characteristics of the business and operation indicate the primary use will remain restaurant. A full menu of prepared food items for on-site consumption is served during business hours. No outdoor dining area is proposed, indicating the consumption of alcohol will be contained within the building interior. Additionally, live entertainment and patron dancing is not offered on the premises. Finally, the floor layout dedicates 3,061 square feet of restaurant floor area to customer dining and bar area. Approximately 73% of this area (2,238 square feet) is dedicated to dining, and 27% (823 square feet) to bar. The remaining restaurant floor area (2,370 square feet) is dedicated to restrooms, offices, storage, and a complete kitchen with food preparation area. Therefore, it is evident the request for alcohol is ancillary to the primary restaurant use and will serve to augment the overall dining experience. Such a use will not be detrimental to the welfare of persons in the vicinity and will help sustain a vital area for business activity that serves the community. To ensure the proposed use will remain incidental to the primary restaurant use, conditions are included which limit the use and manner in which beer, wine, and distilled spirits may be sold and consumed. Such conditions require availability of food service until at least one hour before closing time, the service of alcoholic beverages within the interior of the restaurant only, the prohibition of dancing and entertainment, illumination and security cameras, and compliance with all applicable laws. 2. On-site sales and consumption of alcoholic beverages (beer, wine, and distilled spirits) in a new restaurant will be compatible with surrounding land uses. The project site is located within an existing commercial development with a mix of retail, office, food, service, and hotel uses. The nearest residential uses to the restaurant are approximately 300 feet away to the northwest on 6 th Street. These residences are buffered from the subject commercial activity because the tenant storefront is oriented towards Pacific Coast Highway and the Pacific Ocean. In addition, parking is available in a parking structure that serves The Strand. It is anticipated patrons will park in the structure rather than on the street in front of residences. Furthermore, the proposed location has proven suitable for a restaurant use with on-site sales and consumption of alcohol. For approximately eight years, the subject tenant space was occupied by a restaurant that sold alcohol for on-site consumption. The GAPCINOA1171C1JP 16-045 (HQ Gastropub) Attachment 1.1 HB -176-Item 7. - 72 Police Department indicated the establishment was never a problem. Therefore, the proposed restaurant use with on-site sales, service, and consumption of alcohol is compatible with surrounding uses. 3. The request to permit on-site sales and consumption of alcoholic beverages (beer, wine, and distilled spirits) in a new restaurant complies with Specific Plan No. 5 (SP5) zoning district standards, applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and specific conditions required for the proposed use from Resolution No. 2013-24. 4. The granting of a Conditional Use Permit to allow on-site sales and consumption of alcoholic beverages (beer, wine, and distilled spirits) within a new eating and drinking establishment is consistent with the General Plan. The General Plan Land Use Map designates the subject property as M-sp-d (Mixed Use — Specific Plan Overlay — Special Design Standards Overlay). The proposed project, as conditioned, is consistent with this designation and the policies, objectives, and goal of the City's General Plan as follows: A. Land Use Element Obiective LU 7.1 Accommodate the development of a balance of land uses that (a) provides for the housing, commercial, employment, cultural, entertainment, and recreation needs of existing and future residents, (b) provides employment opportunities for residents of the City and surrounding sub-region, (c) captures visitor and tourist activity, and (d) provides open space and aesthetic relief from urban development. Policy LU 10.1.8 Require that entertainment, drinking establishments, and other similar uses provide adequate physical and safety measures to prevent negative impacts on adjacent properties. Goal LU 11 Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services, and entertainment, and reduce the need for automobile use. Eating and drinking establishments contribute to the economic vibrancy of downtown by serving the commercial, employment, entertainment, and recreation needs of nearby residents and visitors. By allowing on-site sales and consumption of alcohol, this will serve to accommodate and facilitate the success of the proposed eating and drinking establishment. With conditions of approval, on-site sales and consumption of alcohol will be compatible with the land uses in the surrounding neighborhood while providing a service that is responsive to market needs. Conditions have been added to the permit which limits the use and manner in which alcohol may be sold and consumed, and limits the business hours of operation consistent with Resolution No. 2013-24. This will allow alcohol sale and consumption in a safe manner for customers and residents of the surrounding area. Thus, the sale of beer, wine, and distilled spirits for on-site consumption is consistent with goals, objectives, and policies of the General Plan. B. Economic Development Element Policy ED 2.4.3 Encourage the expansion of the range of goods and services provided in Huntington Beach to accommodate the needs of all residents in Huntington Beach and the market place. GAPC1N0A1171CUP 16-045 (HQ Gastropub) Attachment 1,2 HB -177-Item 7. - 73 Objective ED 2.6 Expand and enhance the existing visitor serving uses. Policy ED 3.2.3 Attract visitor-serving uses near the beach in order to create better linkages between the beach and visitor supporting retail uses. The project site is located across the street from the beach and in the City's downtown area, which has evolved into a pedestrian-friendly urban village containing a mix of restaurants, retail, and entertainment uses. Allowing on-site sales and consumption of alcohol in a new restaurant will preserve and enhance the range of goods and services provided in this downtown area near the beach. Therefore, the proposed use will facilitate continued viability of the existing commercial center (The Strand), and attract visitors from beyond the region. C. Noise Element Objective N 1.8 Minimize the generation of excessive noise level impacts from entertainment and restaurant/bar establishments into adjacent residential or "noise sensitive" land uses. Policy N 1.8.1 Require that entertainment and restaurant/bar uses take appropriate steps to control the activities of their patrons on-site, as well as within a reasonable and legally justified distance or proximity, to minimize potential noise-related impacts on adjacent residential neighborhoods. The nearest residences are located on 6 th Street, approximately 300 feet away and northwest of the project site. However, the subject restaurant is located along Pacific Coast Highway, which is a State Facility, and oriented towards the Pacific Ocean away from residential areas. In addition, The Strand includes a dedicated parking structure for patrons, thereby reducing noise disturbances from patrons and motorists. Consideration has also been given to occupants of the hotel located above the establishment. Conditions have been imposed that will minimize potential significant noise impacts to these occupants. Therefore, on-site sales and consumption of alcohol is not anticipated to generate noise that will significantly impact surrounding uses as conditioned. SUGGESTED CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 16-045: The site plan and floor plan received and dated February 16, 2017, shall be the conceptually approved design. 2. The use shall comply with the following: a. Hours of operation shall be limited to between 7:00 a.m. to 12:00 a.m. midnight. (Resolution No. 2013-24, Exhibit A) b. A minimum of 70 percent of the net floor area of the establishment shall be designated as dining area excluding back of the house areas (such as areas used for cooking, kitchen preparation, office, storage, and restrooms) and outdoor dining areas. (Resolution No. 2013-24, Exhibit A) G:\PC11\10A1171CUP 16-045 (HQ Gastropub) Attachment 1.3 HB -178-Item 7. - 74 c. Full food service menus shall be served, at a minimum, until one (1) hour before closing, and a cook and food server shall be on duty during these times. (Resolution No. 2013- 24, Exhibit A) d. Alcoholic drinks shall not be included in the price of admission to any establishment. (Resolution No. 2013-24, Exhibit A) e. There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (Resolution No. 2013-24, Exhibit A) f. All alcohol shall remain within the establishment's premises. (Resolution No. 2013-24, Exhibit A) g. An employee of the establishment must be present at all times in areas within the establishment where alcohol is served. (Resolution No. 2013-24, Exhibit A) h. All areas of the business that are accessible to patrons shall be illuminated to make easily discernible the appearance and conduct of all people in the business. (Resolution No. 2013-24, Exhibit A) i. Dancing and/or dance floor and/or live entertainment shall be prohibited unless a Conditional Use Permit and Entertainment Permit are approved by the City. (Resolution No. 2013-24, Exhibit A) j. Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. (Resolution No. 2013-24, Exhibit A) k. The establishment shall follow all conditions of the alcohol license issued by the California Department of Alcoholic Beverage Control, as well as all other relevant portions of the Huntington Beach Zoning and Subdivision Ordinance and Huntington Beach Municipal Code. (Resolution No. 2013-24, Exhibit A) 1. No new customers shall be permitted after 30 minutes before closing. (Resolution No. 2013-24, Exhibit A) m. Last call for drinks shall be no later than 15 minutes before closing. (Resolution No. 2013-24, Exhibit A) n. Only single-sized drinks and no multiple drinks shall be served after midnight. (Resolution No. 2013-24, Exhibit A) o. Signage, posters, and advertising with 'Do Not Drink and Drive" shall be posted in the business. (Resolution No. 2013-24, Exhibit A) p. Mandatory Responsible Beverage Service (RBS) training and certification shall be required for new employees within 90 days of being hired and for existing employees every 12 months. Training shall be provided by an ABC approved RBS trainer and records of the training must be maintained on-site for review. (Resolution No. 2013-24, Exhibit A) G:1PCIN0A1171CUP 16-045 (HO Gastropub) Attachment 1.4 HB -179-Item 7. - 75 q. Establishments shall install and maintain a video surveillance system to monitor public area of premises and shall make the video available to the police department for any criminal or civil investigation. The business shall employ a video surveillance system and a one-month video library. The minimum requirements for the cameras will be: color, digital recording to DVR and able to record in low light. The business shall ensure all doors, eating areas, and parking areas are covered by video surveillance. Electronic copies of video must be made available to the Huntington Beach Police Department within 48 hours of request. Digital recordings shall be made available for viewing on- scene upon request by police officers conducting investigations. (Resolution No. 2013- 24, Exhibit A / PD) r. Bi-fold windows along the storefront shall remain closed from 10:00 pm to 7:00 am daily. (CDD) s. Prior to the issuance of any building permits, an encroachment permit shall be obtained from the California Department of Transportation (Caftans) for any projections into the public right-of-way.(CDD / PW) t. Prior to sales, service or consumption of alcoholic beverages the establishment shall obtain an ABC license authorizing On Sale alcohol sales. The establishment shall be limited to a Type 47 (On Sale Eating Place) ABC License. (PD) u. Signs shall be posted in a conspicuous space at the entrance/exit of the restaurant, which shall state, "NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." (PD) v. Service of alcoholic beverages for consumption off-site shall not be permitted. (PD) w. No reduced price or promotions of alcoholic beverages shall be allowed after 7:00 pm. (PD) x. No loitering shall be permitted within the vicinity of any entrances and exits at any time. (PD) y. Consumption of alcoholic beverages by on-duty employees; including servers, bartenders, kitchen staff, management and supervisory personnel is forbidden. (PD) z. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. (PD) aa. There shall be no window coverings or advertisements that reduce the visibility inside of the business. This will assist officers in observing crimes in progress. (PD) bb. 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. (PD) 3. The development services departments and divisions (Police, Building and Safety, Fire, Planning, and Public Works) shall be responsible for ensuring compliance with all GAPC\NOA1171CUP 16-045 (HQ Gastropub) Attachment 1.5 HB -180-Item 7. - 76 applicable code requirements and conditions of approval. The Director of Community Development and Police Chief may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the development services departments have reviewed and approved proposed changes for conformance with the intent of the Planning Commission's action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. 4. Conditional Use Permit No. 16-045 shall become null and void unless exercised within two years of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 5. The Planning Commission reserves the right to revoke Conditional Use Permit No. 16-045 pursuant to a public hearing for revocation, if any violation of the conditions of approval, Huntington Beach Zoning and Subdivision Ordinance, or Municipal Code occurs. 6. Incorporation of sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usqbc.orq/DisplayPage.aspx?CategorylD=1 9) or Build It Green's Green Building Guidelines and Rating Systems (https://www.builditgreen.orcilgreenpoint- rated ). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. GAPC11\10A1171CUP 16-045 (HQ Gastropub) Attachment 1.6 HB -181-Item 7. - 77 4/4/2017 1 City Council HQ Gt bHQ Gastropub 155 5th Street, #183 Conditional Use Permit No. 16-045 HB -182-Item 7. - 78 4/4/2017 2 Project Description Conditional Use Permit 1 To reestablish a restaurant with alcohol sales1.To reestablish a restaurant with alcohol sales. 2. To amend Condition No. 1 from Resolution No. 2013-24 to allow the restaurant to operate until 2:00 am three days a week in lieu of operated between 7:00 am and 12:00 am daily as Day Hours Monday – Thursday 11:00 am – 11:00 pm Friday – Saturday 11:00 am – 2:00 am Sunday 12:00 pm – 10:00 pm y required. Project Description Conditional Use Permit 1 To reestablish a restaurant with alcohol sales1.To reestablish a restaurant with alcohol sales 2. To amend Condition No. 1 from Resolution No. 2013-24 to allow the restaurant to operate until 2:00 am three days a week in lieu of operated between 7:00 am and 12:00 am daily as y required. 3. To improve the building façade. HB -183-Item 7. - 79 4/4/2017 3 Existing Façade Proposed Façade HB -184-Item 7. - 80 4/4/2017 4 Restaurant Background •In 2007, the Commission approved alcohol In 2007, the Commission approved alcohol sales for a restaurant through a CUP •In 2009, the restaurant began operation •In 2015, the restaurant ceased operation •The CUP expired one year laterpy Resolution Background •In 2013, the City Council adopted standard conditions of approval for alcohol CUPS (Resolution 2013-24) •Applicable to new CUP applications •Amendments to these conditions of approval must be approved by the City Councilmust be approved by the City Council HB -185-Item 7. - 81 4/4/2017 5 Planning Commission •March 14, 2017 Th t k d i th h i•Three proponents spoke during the hearing •Planning Commission discussion: •Impact upon Police response times •Design compatibility •Compatibility with the surrounding neighborhood E h t i t th bli i ht f•Encroachment into the public right-of-way •Downtown atmosphere in the evening •Attracting desirable businesses to downtown •Recommended approval Analysis •Consistent with the General Plan •Previous use was a restaurant with alcohol sales and late night hours •Compatible with surrounding uses •Parking located in a dedicated parking structurestructure •Floor plan indicative of a restaurant HB -186-Item 7. - 82 4/4/2017 6 Analysis Suggested conditions: •Limit hours of operation: 7 AM – 12 AM, daily •Require windows to be closed between 10 PM and 7 AM •Require availability of food service R i l t i i d tifi ti•Require employee training and certification •Limit hours of reduced drink prices •Require video surveillance Recommendation 1. Approve CUP No. 16-045; 2. Require compliance with all conditions of approval from Resolution No. 2013-24, including Condition No. 1 and require the restaurant to close at midnight; and 3. With suggested findings and conditions of approval HB -187-Item 7. - 83 4/4/2017 7 Alternative Motion 1 Approve CUP No 16-045;1.Approve CUP No. 16-045; 2. Require compliance with all conditions of approval from Resolution No. 2013-24, except Condition No. 1 and allow the restaurant to operate until 2:00 am three days a week; anddays a week; and 3. With suggested findings and conditions of approval HB -188-Item 7. - 84 Dept. ID CD 17-003 Page 1 of 6 Meeting Date: 4/17/2017 Statement of Issue: Consideration of Entitlement Plan Amendment (EPA) No. 16-007, is a request by Jeff Bergsma, project applicant, to amend Conditional Use Permit No. 06-020 to allow on-site sales and consumption of alcohol within a proposed 400 square-foot outdoor dining area adjacent to an existing restaurant (Black Bull Chop House) located at 300 Pacific Coast Highway, #112; and amend Condition No. 1 from City Council Resolution No. 2013-24, Exhibit B, to allow an existing restaurant to continue to operate until 1:30 AM in lieu of operating between 7:00 AM and 12:00 AM daily as required. The Planning Commission and Staff are recommending approval of the EPA; and compliance with all conditions of approval from City Council Resolution No. 2013-24, Exhibit B, including Condition No. 1, which requires the restaurant close at 12:00 AM midnight. Financial Impact: Not applicable. Planning Commission and Staff Recommended Action: Approve Entitlement Plan Amendment No. 16-007 to amend Conditional Use Permit No. 06-020 to allow on-site sales and consumption of alcohol within a proposed 400-square-foot outdoor dining area adjacent to Walnut Avenue, and require compliance with all conditions of approval from City Council Resolution No. 2013-24, Exhibit A, including Condition No. 1, which requires the restaurant to close at 12:00 AM midnight, with findings and conditions of approval (ATTACHMENT NO. 1). Alternative Action(s): The City Council may make the following alternative motion(s): 1. Approve Entitlement Plan Amendment No. 16-007 to amend Conditional Use Permit No. 06-020 to allow on-site sales and consumption of alcohol within a proposed 400-square-foot outdoor dining area adjacent to Walnut Avenue, and require compliance with all conditions of approval from City Council Resolution No. 2013-24, Exhibit B, except Condition No. 1 and allow the restaurant to continue to operate until 1:30 AM, with findings and amended conditions of approval (Applicant’s Request). 2. Continue Entitlement Plan Amendment No. 16-007 and direct staff accordingly. 3. Deny Entitlement Plan Amendment No. 16-007 with findings for denial. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 4/17/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Community Development SUBJECT: Approve Entitlement Plan Amendment No. 16-007 (Black Bull Outdoor Dining Area Relocation) located at 300 Pacific Coast Highway, #112 (south side of Walnut Avenue between Main Street and 3rd Street – Pierside Pavilion) and require compliance with all conditions of approval from Resolution No. 2013-24, Exhibit B HB -189-Item 8. - 1 Dept. ID CD 17-003 Page 2 of 6 Meeting Date: 4/17/2017 Analysis: A. PROJECT PROPOSAL: Applicant: Jeff Bergsma, 221 Main Street, Suite S, Huntington Beach, CA 92648 Business Owner: Cesar Pena, 300 Pacific Coast Highway, #112, Huntington Beach, CA 92648 Property Owner: Pierside Pavilion LLC, 300 Pacific Coast Highway, Huntington Beach, CA 92648 Location: 300 Pacific Coast Highway, #112, 92648 (south side of Walnut Avenue between Main Street and 3rd Street – Pierside Pavilion) Entitlement Plan Amendment No. 16-007 represents a request for the following: 1. To amend Conditional Use Permit (CUP) No. 06-020 to permit on-site sales and consumption of alcohol (beer, wine, and distilled spirits) within a proposed 400-square-foot outdoor dining area pursuant to Huntington Beach Zoning and Subdivision Ordinance Section 241.18. This new outdoor dining area is proposed adjacent to an existing restaurant, Black Bull Chop House, and the public right-of-way. Existing palms trees in front of the restaurant are also proposed to be relocated to an area in the public sidewalk to accommodate the new dining area. 2. To amend Condition No. 1 from Resolution No. 2013-24, Exhibit B. The project site has been occupied by restaurant uses since 1993, prior to the City’s adoption of Resolution No. 2013-24. Therefore, Black Bull Chop House is not currently subject to requirements of the resolution. However, the restaurant will be subject to conditions of approval established in Resolution No. 2013-24, Exhibit B (Attachment No. 5) due to the applicant’s request for an Entitlement Plan Amendment. Condition No. 1 mandates restaurants in downtown operate between the hours of 7:00 AM and 12:00 AM only. Therefore, the applicant also requests an amendment to this condition to allow the restaurant to maintain current approved hours of operation, which includes operating until 1:30 AM as seen below. CURRENT HOURS OF OPERATION CUP APPROVED HOURS OF OPERATION DAY HOURS DAY HOURS Sunday – Wednesday 5:00 PM – 10:00 PM Sunday – Saturday 7:00 AM – 1:30 AM Thursday – Saturday 5:00 PM – 1:30 AM Outdoor dining areas are highly valued in downtown. Therefore, the applicant is attempting to establish a new outdoor dining area to attract patrons. For more information, refer to the project narrative submitted by the applicant (Attachment No 3). B. BACKGROUND: Restaurant Background Conditional Use Permit No. 06-20 (ATTACHMENT NO. 6) was approved by the Planning Commission on September 12, 2006. This CUP permitted on-site sales and consumption of alcohol, live entertainment consisting of live music, disc jockey, and mechanical bull, dancing, up to four billiard tables with shuffleboard, and an outdoor dining area at a restaurant in the subject location. CUP No. 06-020 established business hours between 7:00 AM and 1:30 AM daily. Also, CUP No. 06-020 has been amended once through Entitlement Plan Amendment No. 06-008, which permitted an expansion of the restaurant (ATTACHMENT NO. 7). In 2008, the Commission directed staff to schedule a hearing for revocation of the CUP. The restaurant operator violated HB -190-Item 8. - 2 Dept. ID CD 17-003 Page 3 of 6 Meeting Date: 4/17/2017 several conditions of the entertainment permit, including overcrowding. In 2009, the Commission held a hearing for revocation. Based upon the restaurant operator’s concerted efforts to address violations, the Commission allowed the restaurant to continue operating subject to amended conditions of approval. Also, there is an outdoor dining area that currently exists along the southeastern boundary of the restaurant across from the Pier Colony residential development. However, this area will eventually be enclosed and converted into indoor dining area. The City Council approved this conversion through Conditional Use Permit No. 11-021/Coastal Development Permit No. 11-012 along with an overall expansion to Pierside Pavilion on September 17, 2012. Also, an existing right-turn lane in Walnut Avenue will be eliminated and the existing sidewalk adjacent to the restaurant will be widened. The resulting sidewalk will be ten-feet wide. Resolution No. 2013-24 Background On July 1, 2013, the City Council adopted Resolution No. 2013-24, which established standard conditions of approval for Conditional Use Permits involving alcoholic beverage sales and/or live entertainment in the Downtown Specific Plan District 1 area. Some of the conditions include, but are not limited to, the following: - Limiting hours of operation to between 7:00 AM to 12:00 AM midnight; - Requiring a minimum floor area that is designated for dining; - Establishing a minimum seating capacity within the dining area; - Requiring the service of food during business hours; and - Establishing parameters for the sales and service of alcohol. These standard conditions were established to address public safety, as well as the growing presence of nightclubs and bars, in the downtown area. At the time of adoption, all existing eating and drinking establishments in downtown were not subject to the conditions of the resolution. However, these conditions are applied to new requests for eating and drinking establishments with alcohol sales and/or live entertainment, as well as amendments to existing Conditional Use Permits. Additionally, any amendments (or deviations) to the conditions of the resolution may only be approved by the City Council. The Planning Commission made a recommendation to the City Council regarding this request. C. PLANNING COMMISSION MEETING: On March 14, 2017, the Planning Commission held a public hearing on Conditional Use Permit No. 16-045. Staff presented an overview of the proposed land uses, and explained the request to amend Condition No. 1 from City Council Resolution No. 2013-24. During the public hearing, two individuals spoke in favor of the project, the applicant and a downtown resident. The resident commended the business owner for relocating the outdoor dining area to an area that is further away from residents, and reducing the size of the outdoor dining area by 37 percent. He highly encouraged approval of the requested amendment to Resolution No. 2013-24. Following the public hearing, the Commissioners discussed the following issues: - The history of Black Bull Chop House. - The proximity of the restaurant to residences at Pier Colony. - The applicant’s claim that relocating the outdoor dining area would be economically infeasible if the requested amendment to Resolution No. 2013-24 was disapproved, and possible ways to address this economic infeasibility within the limits prescribed by CUP 06-020. HB -191-Item 8. - 3 Dept. ID CD 17-003 Page 4 of 6 Meeting Date: 4/17/2017 - The importance of applying regulations fairly and consistently as a regulatory agency. - The Police Department indicated there have been no recent problems in the past 24 months. - The absence of violations of the entertainment permit, Department of Alcoholic Beverage Control permit, or Conditional Use Permit in the past 24 months. - The benefits of relocating the outdoor dining area away from nearby residents of Pier Colony. - Limiting hours to midnight will affect revenue for the business, especially when the restaurant currently operates past midnight three days a week. - Pier Colony was built in 1989, and the first restaurant occupied the tenant space in 1993. - Inconsistency between hours of operation in the project narrative and hours of operation identified by the applicant and business owner during the hearing. - Outdoor dining area is a big attraction for restaurants, and downtown businesses need to be profitable. The Planning Commission also questioned the hours of operation because the project narrative was inconsistent with hours of operation identified by the applicant and business owner during the hearing. The applicant clarified that although CUP No. 06-020 allows operation from 7:00 AM to 1:30 AM daily, the business is currently operating with less hours. The applicant wishes to maintain their currently approved hours even with this proposed outdoor dining relocation. Chair Mandic stated she was in favor of the alternative motion because the restaurant is currently operating until 1:30 AM three days a week, the police have indicated there have been no recent problems, and outdoor dining area is a big attraction for restaurants. She believes downtown businesses need to be profitable. Chair Mandic made the alternative motion, which was seconded by Commissioner Kalmick, to recommend approval of Entitlement Plan Amendment No. 16-007 amending Conditional Use Permit No. 06-020 to allow on-site sales and consumption of alcohol within a proposed 400-square-foot outdoor dining area adjacent to Walnut Avenue; and require compliance with all conditions of approval from City Council Resolution No. 2013-24, Exhibit B, except Condition No. 1 and allow the restaurant to continue to operate until 1:30 AM three days a week, with findings and amended conditions of approval, and forward to the City Council for action (Applicant’s Request). Due to lack of affirmative action, the motion failed by the following vote: AYES: Grant, Kalmick, Mandic NOES: Crowe, Garcia, Scandura ABSENT: Dominguez ABSTAIN: None Planning Commission Action on March 14, 2017 Following the failed motion, a second motion was made by Commissioner Kalmick, and seconded by Commissioner Scandura, to recommend approval of Entitlement Plan Amendment No. 16-007 amending Conditional Use Permit No. 06-020 to allow on-site sales and consumption of alcohol within a proposed 400-square-foot outdoor dining area adjacent to Walnut Avenue; and require compliance with all conditions of approval from City Council Resolution No. 2013-24, Exhibit B, including Condition No. 1, which requires the restaurant close at 12:00 AM midnight, with findings and conditions of approval, and forward to the City Council for action (ATTACHMENT NO. 1). The motion carried by the following vote: AYES: Crowe, Garcia, Grant, Kalmick, Scandura NOES: Mandic ABSENT: Dominguez ABSTAIN: None HB -192-Item 8. - 4 Dept. ID CD 17-003 Page 5 of 6 Meeting Date: 4/17/2017 D. STAFF ANALYSIS AND RECOMMENDATION: Land Use Compatibility The subject restaurant is located in a mixed-use development that includes retail, service, office, and restaurant uses. A multi-story residential building is located southeast of the restaurant, and approximately 60 feet away. The existing outdoor dining area along the southeastern boundary of the restaurant is in proximity to these residences. As proposed, the outdoor dining area will be relocated to an area in front of the restaurant and away from residences. Relocating the outdoor dining area to be adjacent to the public sidewalk is also consistent with other restaurants along Walnut Avenue. Additionally, the size of the proposed outdoor dining area will be reduced from 683 square feet to 400 square feet. Lastly, an outdoor dining area adjacent to the street facilitates the goals of creating a more urban atmosphere in downtown. Therefore, the proposed outdoor dining area will be compatible with the surrounding neighborhood. To ensure sales and consumption of alcohol in the new outdoor dining area will not impact surrounding land uses, a condition of approval has been carried over from a previous condition of approval which limits the outdoor dining area hours of operation to between 11:00 am and 9:00 pm, Monday through Thursday, and between 11:00 am and 10:00 pm, Friday through Sunday. Furthermore, the restaurant is required to comply with all provisions of Huntington Beach Municipal Code Chapter 8.40 Noise Control. The Police Department also reviewed the proposal, and indicated support of the proposed structural changes and location of the outdoor patio area because these changes will enhance the overall aesthetics of the building, and present a smaller outdoor patio area than currently exists. The Police Department also suggested several conditions of approval to ensure the overall restaurant operation, including the outdoor dining area, will not affect surrounding properties. Such conditions require availability of food service until at least one hour before closing time, maintenance of a barrier around the outdoor dining area, illumination and security cameras, and compliance with all applicable laws. Alternative Motion (Applicant’s Request) In reviewing the restaurant’s current hours of operation, the Community Development Department and Police Department are not opposed to leaving these hours in place (till 1:30 AM) for the subject Entitlement Plan Amendment; however, the Police Department is also not in a position to recommend approval based upon the regulations listed in Resolution No. 2013-24. The resolution applies limitations upon business operating hours when any amendment to an existing CUP is requested. Accordingly, the Planning Commission and staff recommend the proposed restaurant comply with all conditions of approval from Resolution No. 2013-24, Exhibit B, including the limitations upon hours of operation. Should the City Council approve the applicant’s request and desire to reinforce the revocation process, the Council could modify suggested condition of approval No. 6 pertaining to revocation proceedings as follows: “The Planning Commission reserves the right to revoke A revocation hearing shall be scheduled to consider the revocation of Entitlement Plan Amendment No. 16-007, pursuant to a public hearing for revocation provisions for revocation in the Huntington Beach Zoning and Subdivision Ordinance, if any substantiated and frequent violation of the conditions of approval of Conditional Use Permit No. 06-020 and associated amendments or the Entertainment Permit, Huntington Beach Zoning and Subdivision Ordinance, or Municipal Code, or any other laws occurs.” HB -193-Item 8. - 5 Dept. ID CD 17-003 Page 6 of 6 Meeting Date: 4/17/2017 E. SUMMARY: In summary, the Planning Commission and staff recommend approval of Entitlement Plan Amendment No. 16-007; recommend compliance with all standard conditions of approval from City Council Resolution No. 2013-24, Exhibit B (i.e., the restaurant shall close at 12:00 AM); and forward to the City Council for action based upon the following: - The proposed location of the outdoor dining area is more compatible with surrounding land uses because it is further away from residents. - The size of the outdoor dining area is smaller than the area being replaced. - Relocating the outdoor dining area to be adjacent to the public sidewalk is also consistent with other restaurants along Walnut Avenue. - An outdoor dining area adjacent to the street facilitates the goals of creating a more urban atmosphere in downtown. Environmental Status: The proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 Existing Facilities, because the project involves a minor alteration to the operation of an existing development involving negligible expansion of an existing use. Strategic Plan Goal: Improve quality of life Attachment(s): 1. Suggested Findings and Conditions of Approval – Entitlement Plan Amendment No. 16-007 2. Site Plan and Building Elevations received and dated January 24, 2017; Complete Floor Plan received and dated February 7, 2017; and Colored Rendering received and dated December 13, 2016 3. Revised project Narrative received and dated March 30, 2017 4. Code Requirements Letter dated February 27, 2017 (for informational purposes only) 5. City Council Resolution No. 2013-24 6. Conditional Use Permit No. 06-020 Notice of Action dated September 13, 2006 7. Entitlement Plan Amendment No. 06-008 Notice of Action dated February 28, 2007 8. Written e-mail communication from Richardson Gray received March 3, 2017 9. Planning Commission Staff Report dated March 14, 2017 10. Planning Commission Notice of Action dated March 14, 2017 11. PowerPoint Presentation – Black Bull Outdoor Dining Area Relocation SH:JJ:CW:kdc HB -194-Item 8. - 6 4/17/2017 Attachment 1.1 ATTACHMENT NO. 1 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL ENTITLEMENT PLAN AMENDMENT NO. 16-007 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds the project will not have a significant effect on the environment, and is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 Existing Facilities, because the project involves a minor alteration to the operation of an existing development involving negligible expansion of an existing use. SUGGESTED FINDINGS FOR APPROVAL – ENTITLEMENT PLAN AMENDMENT NO. 16-007 1. Entitlement Plan Amendment No. 16-007, which involves amendments to Conditional Use Permit No. 06-020 to permit on-site sales and consumption of alcoholic beverages (beer, wine, and distilled spirits) within a new outdoor dining area, will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood. The new outdoor dining area will not affect the characteristics of the business and operation. The primary use will remain restaurant. A full menu of prepared food items for on-site consumption will continue to be served during business hours. In addition, the floor layout dedicates 4,825 square feet (or approximately 70 percent) of restaurant floor area to customer dining; and the remaining floor area is dedicated to restrooms, and a complete kitchen with food preparation area. Such a use will not be detrimental to the welfare of persons in the vicinity, with a condition limiting the hours of operation of the outdoor dining area, and will help sustain a vital area for business activity that serves the community. 2. The granting of an Entitlement Plan Amendment to Conditional Use Permit No. 06-020 to permit on-site sales and consumption of alcoholic beverages (beer, wine, and distilled spirits) within a new outdoor dining area will be compatible with surrounding land uses. The subject restaurant is located in a mixed-use development that includes retail, service, office, and restaurant uses. A multi-story residential building is located southeast of the restaurant, and approximately 60 feet away. The existing outdoor dining area along the southeastern boundary of the restaurant is in proximity to these residences. As proposed, the outdoor dining area will be relocated to an area in front of the restaurant and away from residences. Relocating the outdoor dining area to be adjacent to the public sidewalk is also consistent with other restaurants along Walnut Avenue. Additionally, the size of the proposed outdoor dining area will be reduced from 683 square feet to 400 square feet. Lastly, an outdoor dining area adjacent to the street facilitates the goals of creating a more urban atmosphere in downtown. Therefore, the proposed outdoor dining area will be compatible with the surrounding neighborhood. To ensure sales and consumption of alcohol in the new outdoor dining area will not impact surrounding land uses, a condition of approval limits the outdoor dining area hours of operation to between 11:00 am and 9:00 pm, Monday through Thursday, and between 11:00 am and 10:00 pm, Friday through Sunday. Furthermore, the restaurant is required to comply with all provisions of Huntington Beach Municipal Code Chapter 8.40 Noise Control. HB -195-Item 8. - 7 4/17/2017 Attachment 1.2 3. The granting of an Entitlement Plan Amendment to Conditional Use Permit No. 06-020 to permit on-site sales and consumption of alcoholic beverages (beer, wine, and distilled spirits) within a new outdoor dining area complies with Specific Plan No. 5 (SP5) zoning district standards, applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and specific conditions required for the proposed use from Resolution No. 2013-24. Pursuant to SP5 Section 3.2.24.1, a Conditional Use Permit is required to allow alcohol sales in a new outdoor dining area. Since CUP No. 06-020 was approved in 2006 for on-site sales and consumption of alcohol, an Entitlement Plan Amendment to this CUP is requested, which requires review and approval from the Planning Commission. In accordance with SP5 Section 3.2.24.4, parking spaces are not required for an outdoor dining area that does not exceed 20 percent of the restaurant area, up to a maximum of 400 square feet. The proposed outdoor dining area is 400 square feet, or approximately six percent of the 6,893-square-foot restaurant area. Therefore, additional off-street parking spaces are not required. Lastly, the proposed outdoor dining area will not obstruct public use of the sidewalk or building entryways, and will not restrict pedestrian, transit and business services. In accordance with SP5 Section 3.2.24.2, a six-foot minimum clear passage area is required for pedestrian access between outdoor dining area and the curb where the sidewalk is ten feet or narrower in width. Once the public sidewalk is expanded, a six-foot minimum clear passage area will be provided between the outdoor dining area and curb. To ensure compliance, the outdoor dining area shall not be established until the public sidewalk is expanded as a condition of the project’s approval. In addition, the outdoor dining area will leave an unobstructed path to the building entryway. Therefore, pedestrian traffic volumes will not be inhibited. Handicapped accessibility will also be provided where required by the California Building Code. 4. The granting of an Entitlement Plan Amendment to Conditional Use Permit No. 06-020 to permit on-site sales and consumption of alcoholic beverages (beer, wine, and distilled spirits) within a new outdoor dining area is consistent with the General Plan. The General Plan Land Use Map designates the subject property as M-≥30-d-sp-pd (Mixed Use – Greater than 30.0 dwelling units per net acre – Special Design Standards Overlay – Specific Plan Overlay – Pedestrian District Overlay). The proposed project, as conditioned, is consistent with this designation and the policies, objectives, and goal of the City’s General Plan as follows: A. Land Use Element Objective LU 10.1 Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach’s recreational resources. Policy LU 10.1.6 Require that commercial projects abutting residential properties adequately protect residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. Policy LU 10.1.8 Require that entertainment, drinking establishments, and other similar uses provide adequate physical and safety measures to prevent negative impacts on adjacent properties. HB -196-Item 8. - 8 4/17/2017 Attachment 1.3 Policy LU 15.2.2 Require that uses in the Pedestrian Overlay District be sited and designed to enhance pedestrian activity along the sidewalks. Create visual differentiation of upper and lower floors and distinct treatment of building entrances and use of pedestrian oriented signage. Eating and drinking establishments contribute to the economic vibrancy of downtown by serving the commercial, employment, entertainment, and recreation needs of nearby residents and visitors. By allowing on-site sales and consumption of alcohol in a new outdoor dining area, this will serve to accommodate and support the continued success of the existing eating and drinking establishment. With conditions of approval, on-site sales and consumption of alcohol will be compatible with the land uses in the surrounding neighborhood. Conditions have been added to the permit which limits the use and manner in which alcohol may be sold and consumed, and limits the business hours of operation consistent with Resolution No. 2013-24. This will allow alcohol sale and consumption in a safe manner for customers and residents of the surrounding area. Thus, the sale of beer and wine for on-site consumption is consistent with goals, objectives, and policies of the General Plan. B. Economic Development Element Objective ED 2.4 Revitalize, renovate and expand the existing Huntington Beach commercial facilities while attracting new commercial uses. Allowing on-site sales and consumption of alcohol in a proposed outdoor dining area will foster the renovation and expansion of an existing restaurant in the downtown area. Therefore, the proposed use will allow the restaurant to remain competitive and support its continued viability. C. Noise Element Objective N 1.8 Minimize the generation of excessive noise level impacts from entertainment and restaurant/bar establishments into adjacent residential or “noise sensitive” land uses. Policy N 1.8.1 Require that entertainment and restaurant/bar uses take appropriate steps to control the activities of their patrons on-site, as well as within a reasonable and legally justified distance or proximity, to minimize potential noise-related impacts on adjacent residential neighborhoods. As conditioned, on-site sales and consumption of alcohol in the outdoor dining area is not anticipated to generate noise that will significantly impact surrounding uses. The nearest residences are located on approximately 60 feet away and southeast of the project site. To ensure residents are not disturbed in the evening by patrons dining outdoors, a condition has been added to the permit that limits the operating hours of the outdoor dining area to between 11:00 am and 9:00 pm, Monday through Thursday, and between 11:00 am and 10:00 pm, Friday through Sunday. This condition was previously established through CUP No. 06-020 and will, therefore, remain in effect with the proposed Entitlement Plan Amendment. HB -197-Item 8. - 9 4/17/2017 Attachment 1.4 SUGGESTED CONDITIONS OF APPROVAL – ENTITLEMENT PLAN AMENDMENT NO. 16-007: 1. The site plan, floor plan, and building elevations received and dated January 24, 2017 shall be the conceptually approved design. 2. The proposed outdoor dining area shall only be established after the removal of the existing outdoor dining area and the expansion of the public sidewalk is complete. 3. The use shall comply with conditions of approval from Conditional Use Permit No. 06-020, Entitlement Plan Amendment 06-08, and the following: a. Hours of operation for interior restaurant space shall be limited to between 7:00 am and 12:00 am midnight (this condition shall replace Condition No. 3 from CUP No. 06-020). (Resolution No. 2013-24, Exhibit B) b. Hours of operation for outdoor dining shall be limited to between 11:00 am and 9:00 pm, Monday through Thursday, and between 11:00 am and 10:00 pm, Friday through Sunday. (CDD) c. A minimum of 70 percent of the net floor area of the establishment shall be designated as dining area excluding back of house areas (such as areas used for cooking, kitchen preparation, office, storage, and restrooms) and outdoor dining areas. (Resolution No. 2013-24, Exhibit B) d. The seating capacity at all times within the dining area, excluding outdoor dining areas, shall be able to accommodate a minimum of 100 people. (Resolution No. 2013-24, Exhibit B) e. Full food service menu items shall be served, a minimum, until one hour before closing, and a cook and food server shall be on duty during these times. (Resolution No. 2013- 24, Exhibit B) f. Alcoholic drinks shall not be included in the price of admission to any establishment. (Resolution No. 2013-24, Exhibit B) g. There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (Resolution No. 2013-24, Exhibit B) h. All alcohol shall remain within the establishment’s premises, including within the outdoor dining area. (Resolution No. 2013-24, Exhibit B) i. An employee of the establishment must be present at all times in areas within the establishment where alcohol is served. (Resolution No. 2013-24, Exhibit B) j. If dancing is allowed, the activity must be specifically identified as part of the Entertainment Permit and only in a pre-approved designated area. (Resolution No. 2013-24, Exhibit B) k. Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. (Resolution No. 2013-24, Exhibit B) HB -198-Item 8. - 10 4/17/2017 Attachment 1.5 l. No outside promoters can be used under any circumstances. (Resolution No. 2013-24, Exhibit B) m. All exterior doors and windows shall be closed at all times during live entertainment. (Resolution No. 2013-24, Exhibit B) n. All amplified entertainment conducted by a performer shall be confined indoors at all times. (Resolution No. 2013-24, Exhibit B) o. Outdoor live entertainment shall not be permitted. (CD) p. No entertainment shall be audible beyond 50 feet of the business in any direction. (Resolution No. 2013-24, Exhibit B) q. All areas of the business that are accessible to patrons shall be illuminated to make easily discernible the appearance and conduct of all people in the business. (Resolution No. 2013-24, Exhibit B) r. No new customers shall be permitted after 30 minutes before closing. (Resolution No. 2013-24, Exhibit B) s. Last call for drinks shall be no later than 15 minutes before closing. (Resolution No. 2013-24, Exhibit B) t. Only single-sized drinks and no multiple drinks shall be served after midnight, if the business is permitted to operate after midnight. (Resolution No. 2013-24, Exhibit B) u. Signage, posters, and advertising with “Do Not Drink and Drive” shall be posted in the business. (Resolution No. 2013-24, Exhibit B) v. Mandatory Responsible Beverage Service training and certification shall be required for new employees within 90 days of being hired and for existing employees every 12 months. Training shall be provided by an ABC approved RBS trainer and records of the training must be maintained on-site for review. (Resolution No. 2013-24, Exhibit B) w. Establishments shall install and maintain a video surveillance system to monitor public area of premises and shall make the video available to the Police Department for any criminal or civil investigation. The business shall employ a video surveillance system and a one-month video library. The minimum requirements for the cameras will be: color, digital recording to DVR and able to record in low light. The business shall ensure all doors, eating areas, and parking areas are covered by video surveillance. Electronic copies of video must be made available to the Huntington Beach Police Department within 48 hours of request. Digital recordings shall be made available for viewing on- scene upon request by police officers conducting investigations. (Resolution No. 2013- 24, Exhibit B / PD) x. The establishment shall be limited to a Type 47 (On Sale Eating Place) ABC License. (PD) HB -199-Item 8. - 11 4/17/2017 Attachment 1.6 y. There shall be no entertainment allowed without a valid Entertainment Permit issued by the Huntington Beach Police Department. All provisions of the entertainment permit required by Section 5.44 of the Huntington Beach Municipal Code shall continue to apply. Entertainment is not allowed on the patio. (Resolution No. 2013-24, Exhibit B / PD) z. The patio’s east side entry/exit point to the sidewalk shall be designated as an emergency exit only. A sign shall be posted in a conspicuous space at the entrance/exit point of the patio, which shall state, “NO ALCOHOLIC BEVERAGES BEYOND THIS POINT.” (PD) aa. The front patio shall have a physical barrier 36 inches in height surrounding the outdoor dining area and designed in a manner that will prohibit passing of alcohol through the barrier. (PD) bb. Service of alcoholic beverages for consumption off-site shall not be permitted. (PD) cc. No reduced price or promotions of alcoholic beverages shall be allowed after 7:00 pm. (PD) dd. No loitering shall be permitted within the vicinity of any entrances and exits at any time. (PD) ee. Consumption of alcoholic beverages by on-duty employees; including servers, bartenders, kitchen staff, management and supervisory personnel is forbidden. (PD) ff. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. (PD) gg. There shall be no window coverings or advertisements that reduce the visibility inside of the business. This will assist officers in observing crimes in progress. (PD) hh. 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. (PD) 4. The development services departments and divisions (Police, Building and Safety, Fire, Planning, and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development and Police Chief may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the development services departments have reviewed and approved proposed changes for conformance with the intent of the Planning Commission’s action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. HB -200-Item 8. - 12 4/17/2017 Attachment 1.7 5. Entitlement Plan Amendment No. 16-007 shall become null and void unless exercised within two years of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 6. The Planning Commission reserves the right to revoke Entitlement Plan Amendment No. 16-007 pursuant to a public hearing for revocation, if any violation of the conditions of approval, Huntington Beach Zoning and Subdivision Ordinance, or Municipal Code occurs. 7. Incorporation of sustainable or “green” building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.org/DisplayPage.aspx?CategoryID=19) or Build It Green’s Green Building Guidelines and Rating Systems (https://www.builditgreen.org/greenpoint- rated). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney’s fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. HB -201-Item 8. - 13 HB -202-Item 8. - 14 HUNTINGTON BEACHCALIFORNIAEBBBLACK BULLSUITE 112300 PCHJEFF BERGSMAGNSEID11109876.15MLKJH6.37.38.3MENSRESTROOMWOMENSRESTROOMCOOLERKITCHEN( E ) SERVICESTATIONFLOOR PLANEXISTINGP A S E O C O U R T Y A R DA D J A C E N T M U L T I - F A M I L Y R E S I D E N T I A L MLKJH( E ) ELEC.( E ) COOLEREXITGARAGEPARKING( E )JAN.11109876.15ENTRANCEGARAGEPARKINGL.5K.3J.3H.68.8NSEW8.8DININGSOUTH( E )FLOORDANCE( E )CHANGE( E ) SOUNDOFFICE( E )( E )ROOMSTATISTICS300 PACIFIC COAST HWY SUITE 112ZONING : D. T. S. P. DIST. #1EXISTING RESTAURANT AREA : 6200 SF30% OF RESTAURANTBACKHOUSE 2068 SF8.3GALLAGHERSADJACENTRESTAURANTDININGWEST( E )DINING AND RECREATIONBAR( E )( E )W A L N U T A V E N U E( E ) PATIO( E )( E )( E )CONV. OF PATIO :( E )CONVERT TO INDOOR ( 693 SF )693 SFTOTAL : 6893 SFHB -203-Item 8. - 15 HB -204-Item 8. - 16 Revised Narrative for Entitlement Plan Amendment No. 16-0218 Black Bull Chophouse @ Pierside Pavilion 300 Pacific Coast Highway, Suite 112 Huntington Beach, CA 92648 Request: To allow for the re-location of the existing 630 square foot outdoor dining area from the eastside (across from the Pier Colony condominiums) of the restaurant building (Black Bull Chop House) and re-establish a new 400 square foot outdoor dining area adjacent to a public sidewalk on the northerly side facing Walnut Avenue. The newly proposed outdoor patio will consist of 400 square feet as illustrated on the attached site plan. Existing and Proposed Allowable Indoor Restaurant Operating Hours (CUP 06-020/EPA 06-008) Monday – Sunday - 7:00am – 1:30am Existing and Proposed Outdoor Dining Hours of Operation (CUP 06-020/EPA 06-008) Monday – Thursday, 11:00am – 9:00pm Friday – Sunday, 11:00am – 10:00pm Note: Resolution 2013-24 states that all for all new and/or revised CUP’s: “Hours shall be limited to between 7:00am – 12:00am daily”. We are specifically requesting that the Planning Commission (and subsequently the City Council) deviate from only Condition No. 1 of City Council Resolution 2013-24, by not revising the existing Black Bull C.U.P. (i.e. hours of operation). We believe this relocation of the outdoor dining is a great improvement benefiting the Pier Colony residential neighbors, by relocating the ambient noise from the paseo across from the condos, over to Walnut Avenue. However, if said requested deviation from Resolution 2013-24 is not approved, then this relocation will become economically infeasible and will not ever be implemented. Operations: The Black Bull Chophouse has been in operation for approximately eight years. The customers consist of both HB locals, regional Californians, as well as, tourists. Given, our generally speaking, excellent year around weather, many customers prefer to dine outdoors. The Black Bull, out of respect for their adjacent Pier Colony neighbors, located directly to the east approximately sixty feet across the paseo, have primarily limited their outdoor dining to daytime uses on the weekends, as they are not open for lunch during the week. Relocating the outdoor dining area around the corner facing Walnut Avenue will be a win win for both the Pier Colony residents and the Black Bull patrons. HB -205-Item 8. - 17 An additional benefit is that the existing Palm tree located closer to the building façade will be relocated closer to the street, where the existing “right turn lane” will be eliminated (permit already issued) and become additional sidewalk. Pierside Pavilion property owner, Gary Daichendt (along with his architect and property manager), met with the President of the Pier Colony Homeowner’s Association, Gary Baker on June 9th to share the plan to relocate the outdoor dining further away from their units. Mr. Baker shared that he thought the Pier Colony residents would be pleased that the noise would be moved over to Walnut Avenue. We have shared the site plan and renderings with Mr. Baker and are prepared to meet with any and all residents that would like to meet. We also met with Chief Handy and his staff at the site and they also agree that it would be an improvement to relocate the outdoor dining further away from the Pier Colony residential condominiums over to Walnut Avenue. Surrounding Uses: North – Main Promenade’s Mixed-use: Retail, Office, Restaurant and Parking East – Pier Colony Condominiums (130 units) South – The remainder of the Pierside Pavilion complex; office, retail and food uses. West – Gallagher’s Irish Pub, Nectar, Pizza, HSS and the 2nd Floor Restaurant HB -206-Item 8. - 18 HB -207-Item 8. - 19 Page 1 of 4 CITY OF HUNTINGTON BEACH PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: FEBRUARY 21, 2017 PROJECT NAME: BLACK BULL OUTDOOR DINING RELOCATION PLANNING APPLICATION NO.: PLANNING APPLICATION NO. 16-0218 ENTITLEMENTS: ENTITLEMENT PLAN AMENDMENT NO. 16-007 DESIGN REVIEW NO. 16-018 DATE OF PLANS: NOVEMBER 2, 2016 PROJECT LOCATION: 300 PACIFIC COAST HIGHWAY, #112 PROJECT PLANNER: CHRISTOPHER WONG, ASSOCIATE PLANNER PLAN REVIEWER: MICHELLE BOLDT / CSO SPECIAL INVESTIGATIONS BUREAU TELEPHONE/E-MAIL: (714) 536-5986 / MBOLDT@HBPD.ORG PROJECT DESCRIPTION: • OUTDOOR DINING AREA RELOCATION. A PROPOSAL TO REMOVE AN EXISTING 630- SQUARE-FOOT OUTDOOR DINING AREA FROM THE EAST SIDE OF A RESTAURANT (BLACK BULL CHOP HOUSE), AND ESTABLISH A NEW 400-SQUARE-FOOT OUTDOOR DINING AREA ON THE NORTH SIDE ADJACENT TO A PUBLIC SIDEWALK. A PERMIT WAS RECENTLY ISSUED TO WIDEN THIS ADJOINING SIDEWALK. • BUSINESS HOURS OF OPERATION DEVIATION. THE SUBJECT RESTAURANT IS NOT CURRENTLY SUBJECT TO THE LIMITATIONS UPON BUSINESS HOURS SET FORTH BY CITY COUNCIL RESOLUTION NO. 2013-24 (ATTACHED). HOWEVER, THE PROPOSED MODIFICATIONS TO THE RESTAURANT WILL INITIATE COMPLIANCE. THEREFORE, THE APPLICANT IS ALSO REQUESTING TO DEVIATE FROM CONDITION NO. 1 OF THIS RESOLUTION, AND MAINTAIN CURRENT BUSINESS HOURS OF OPERATION AS SEEN BELOW. CURRENT BUSINESS HOURS OF OPERATION RESOLUTION 2013-24 SUN – WED, 5:00 PM – 10:00 PM THURS – SAT, 5:00 PM – 1:30 AM HOURS SHALL BE LIMITED TO BETWEEN 7:00 AM - 12:00 AM DAILY The following is a list of code requirements deemed applicable to the proposed project based on plans stated above. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer. We support the proposed structural changes and relocation of the outdoor patio area. These changes will enhance the overall aesthetics of the building and presents a smaller outdoor patio area than currently exists. While not being opposed to leaving the existing hours of operation in place for the new CUP, we are not in the position to recommend approval based on the regulations listed in Resolution No. 2013-24. The resolution requires the business hours to change upon issuance of a new CUP. HB -208-Item 8. - 20 Page 2 of 4 The following conditions are required by City Resolution No. 2013-24, Exhibit B: 1. Hours of operation shall be limited to between 7:00 am to 12:00 am midnight. (Applicant requesting to deviate from this condition and maintain current business hours). 2. A minimum of 70 percent of the net floor area of the establishment shall be designated as dining area excluding back of house areas (such as areas used for cooking, kitchen preparation, office, storage, and restrooms) and outdoor dining areas. 3. The seating capacity at all times within the dining area, excluding outdoor dining areas, shall be able to accommodate a minimum of 100 people. 4. Full food service menu items shall be served, a minimum, until one hour before closing, and a cook and food server shall be on duty during these times. 5. Alcoholic drinks shall not be included in the price of admission to any establishment. 6. There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. 7. All alcohol shall remain on the establishment’s premises, including within outdoor dining areas. 8. An employee of the establishment must be present at all times in areas within the establishment where alcohol is served. 9. If dancing is allowed, the activity must be specifically identified as part of the Entertainment Permit and only in a pre-approved designated area. 10. Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. 11. No outside promoters can be used under any circumstances. 12. All exterior doors and windows shall be closed at all times during live entertainment. 13. All amplified entertainment conducted by a performer shall be confined indoors at all times. 14. No entertainment shall be audible beyond 50 feet of the business in any direction. 15. All areas of the business that are accessible to patrons shall be illuminated to make easily discernible the appearance and conduct of all people in the business. 16. All provisions of the entertainment permit required by Section 5.44 of the Huntington Beach Municipal Code shall continue to apply. 17. No new customers shall be permitted after 30 minutes before closing. HB -209-Item 8. - 21 Page 3 of 4 18. Last call for drinks shall be no later than 15 minutes before closing. 19. Only single-sized drinks and no multiple drinks shall be served after midnight. 20. Signage, posters, and advertising with “Do Not Drink and Drive” shall be posted in the business. 21. Mandatory Responsible Beverage Service training and certification shall be required for new employees within 90 days of being hired and for existing employees every 12 months. Training shall be provided by an ABC approved RBS trainer and records of the training must be maintained on-site for review. 22. Establishments shall install and maintain a video surveillance system to monitor public area of premises and shall make the video available to the Police Department for any criminal or civil investigation. The following conditions have been added to the above City Resolution and are suggested by the Police Department (duplicate conditions below may contain more detail at PD request): 1. Prior to sales, service or consumption of alcoholic beverages the establishment shall obtain an ABC license authorizing On Sale alcohol sales. The establishment shall be limited to a Type 47 (On Sale Eating Place) ABC License. (PD) 2. There shall be no entertainment allowed without a valid Entertainment Permit issued by the Huntington Beach Police Department. Entertainment is not allowed on the patio. (PD) 3. To ensure the location maintains a restaurant atmosphere, food service from the regular menu shall be available from the time the business opens to the public, until at least one hour prior to the scheduled closing time. (PD) (Similar to Reso. 13-24 #3) 4. The patio’s east side entry/exit point to the sidewalk shall be designated as an emergency exit only. A sign shall be posted in a conspicuous space at the entrance/exit point of the patio, which shall state, “NO ALCOHOLIC BEVERAGES BEYOND THIS POINT”. (PD) 5. The front patio shall have a physical barrier 36 inches in height surrounding the outdoor dining area and designed in a manner that will prohibit passing of alcohol through the barrier. (PD) 6. Service of alcoholic beverages for consumption off-site shall not be permitted. (PD) 7. No reduced price or promotions of alcoholic beverages shall be allowed after 7:00PM. (PD) 8. No loitering shall be permitted within the vicinity of any entrances and exits at any time. (PD) HB -210-Item 8. - 22 Page 4 of 4 9. Consumption of alcoholic beverages by on-duty employees; including servers, bartenders, kitchen staff, management and supervisory personnel is forbidden. (PD) 10. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. (PD) (Duplicate of ABC License) 11. There shall be no window coverings or advertisements that reduce the visibility inside of the business. This will assist officers in observing crimes in progress. (PD) 12. The business shall employ a video surveillance system and a one-month video library. The minimum requirements for the cameras will be: color, digital recording to DVR and able to record in low light. The business shall ensure all doors, eating areas, and parking areas are covered by video surveillance. Electronic copies of video must be made available to the Huntington Beach Police Department within 48 hours of request. Digital recordings shall be made available for viewing on-scene upon request by police officers conducting investigations. (PD) (Similar to Reso. 13-24 #17) 13. 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. (PD) HB -211-Item 8. - 23 HUNTINGTON BEACH COMMUNITY DEVELOPMENT DEPARTMENT PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: DECEMBER 5, 2016 PROJECT NAME: BLACK BULL OUTDOOR DINING RELOCATION PLANNING APPLICATION NO.: PLANNING APPLICATION NO. 16-0218 ENTITLEMENTS: ENTITLEMENT PLAN AMENDMENT NO. 16-007 DESIGN REVIEW NO. 16-018 DATE OF PLANS: NOVEMBER 2, 2016 PROJECT LOCATION: 300 PACIFIC COAST HIGHWAY, #112 PROJECT PLANNER: CHRISTOPHER WONG, ASSOCIATE PLANNER PLAN REVIEWER: CHRISTOPHER WONG TELEPHONE/E-MAIL: (714) 536-5986 / chris.wong@surfcity-hb.org PROJECT DESCRIPTION: • OUTDOOR DINING AREA RELOCATION. A PROPOSAL TO REMOVE AN EXISTING 630- SQUARE-FOOT OUTDOOR DINING AREA FROM THE EAST SIDE OF A RESTAURANT (BLACK BULL CHOP HOUSE), AND ESTABLISH A NEW 400-SQUARE-FOOT OUTDOOR DINING AREA ON THE NORTH SIDE ADJACENT TO A PUBLIC SIDEWALK. A PERMIT WAS RECENTLY ISSUED TO WIDEN THIS ADJOINING SIDEWALK. • BUSINESS HOURS OF OPERATION DEVIATION. THE SUBJECT RESTAURANT IS NOT CURRENTLY SUBJECT TO THE LIMITATIONS UPON BUSINESS HOURS SET FORTH BY CITY COUNCIL RESOLUTION NO. 2013-24 (ATTACHED). HOWEVER, THE PROPOSED MODIFICATIONS TO THE RESTAURANT WILL INITIATE COMPLIANCE. THEREFORE, THE APPLICANT IS ALSO REQUESTING TO DEVIATE FROM CONDITION NO. 1 OF THIS RESOLUTION, AND MAINTAIN CURRENT BUSINESS HOURS OF OPERATION AS SEEN BELOW. CURRENT BUSINESS HOURS OF OPERATION RESOLUTION 2013-24 SUN – WED, 5:00 PM – 10:00 PM THURS – SAT, 5:00 PM – 1:30 AM HOURS SHALL BE LIMITED TO BETWEEN 7:00 AM - 12:00 AM DAILY The following is a list of code requirements deemed applicable to the proposed project based on plans stated above. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer. HB -212-Item 8. - 24 PAGE 2 OF 2 ENTITLEMENT PLAN AMENDMENT NO. 16-007: 1. The site plan, floor plans, and elevations approved by the Planning Commission shall be the conceptually approved design with the following modification: a. Each existing mature tree that is removed from the premises must be replaced by a New Zealand Christmas Trees in the public right-of-way that conforms to the streetscape and street tree requirements of Downtown Specific Plan No. 5, Book 2. (SP5 6.4 and 6.5) 2. Prior to issuance of building permits, submit cut sheets or photographs of all tables and chairs for review to determine outdoor furniture will be of sturdy construction, made of quality materials, and designed to complement the character of the streetscape. (SP5 3.2.24.2) 3. The proposed use shall comply with all applicable Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements, including the Noise Ordinance. (HBMC 8.40.090) 4. The Development Services Departments (Planning and Building, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Community Development Director may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission’s action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. (HBZSO Section 241.18) 5. Entitlement Plan Amendment No. 16-007 shall become null and void unless exercised within two years of the date of final approval, or as modified by condition of approval. An extension of time may be granted by the Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. (HBZSO Section 241.16.A) 6. Entitlement Plan Amendment No. 16-007 shall not become effective until the appeal period following the approval of the entitlement has elapsed. (HBZSO Section 241.14) 7. The Planning Commission reserves the right to revoke Entitlement Plan Amendment No. 16-007 pursuant to a public hearing for revocation, if any violation of the conditions of approval, Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. (HBZSO Section 241.16.D) 8. The project shall comply with all applicable requirements of the Municipal Code, Planning and Building Department and Fire Department, as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. (City Charter, Article V) 9. Construction shall be limited to Monday through Saturday, 7:00 am to 8:00 pm. Construction shall be prohibited Sundays and Federal holidays. (HBMC 8.40.090) 10. The applicant shall submit a check in the amount of $50.00 for the posting of the Notice of Exemption/Determination at the County of Orange Clerk’s Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission’s approval of entitlements. (California Code Section 15094) HB -213-Item 8. - 25 HB -214-Item 8. - 26 HB -215-Item 8. - 27 HB -216-Item 8. - 28 CITY OF HUNTINGTON BEACH FIRE DEPARTMENT PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: DECEMBER 13, 2016 PROJECT NAME: BLACK BULL OUTDOOR DINING RELOCATION PLANNING APPLICATION NO.: PLANNING APPLICATION NO. 16-0218 ENTITLEMENTS: ENTITLEMENT PLAN AMENDMENT NO. 16-007 DESIGN REVIEW NO. 16-018 DATE OF PLANS: NOVEMBER 2, 2016 PROJECT LOCATION: 300 PACIFIC COAST HIGHWAY, #112 PROJECT PLANNER: CHRISTOPHER WONG, ASSOCIATE PLANNER PLAN REVIEWER: STEVE EROS, FIRE PROTECTION ANALYST TELEPHONE/E-MAIL: (714) 536-5531 / Steve.Eros@surfcity-hb.org PROJECT DESCRIPTION: •OUTDOOR DINING AREA RELOCATION. A PROPOSAL TO REMOVE AN EXISTING 630-SQUARE- FOOT OUTDOOR DINING AREA FROM THE EAST SIDE OF A RESTAURANT (BLACK BULL CHOP HOUSE), AND ESTABLISH A NEW 400-SQUARE-FOOT OUTDOOR DINING AREA ON THE NORTH SIDE ADJACENT TO A PUBLIC SIDEWALK. A PERMIT WAS RECENTLY ISSUED TO WIDEN THIS ADJOINING SIDEWALK. •BUSINESS HOURS OF OPERATION DEVIATION. THE SUBJECT RESTAURANT IS NOT CURRENTLY SUBJECT TO THE LIMITATIONS UPON BUSINESS HOURS SET FORTH BY CITY COUNCIL RESOLUTION NO. 2013-24 (ATTACHED). HOWEVER, THE PROPOSED MODIFICATIONS TO THE RESTAURANT WILL INITIATE COMPLIANCE. THEREFORE, THE APPLICANT IS ALSO REQUESTING TO DEVIATE FROM CONDITION NO. 1 OF THIS RESOLUTION, AND MAINTAIN CURRENT BUSINESS HOURS OF OPERATION AS SEEN BELOW. CURRENT BUSINESS HOURS OF OPERATION RESOLUTION 2013-24 SUN – WED, 5:00 PM – 10:00 PM THURS – SAT, 5:00 PM – 1:30 AM HOURS SHALL BE LIMITED TO BETWEEN 7:00 AM - 12:00 AM DAILY HB -217-Item 8. - 29 Page 2 of 2 The following is a list of code requirements deemed applicable to the proposed project based on plans received and dated November 2nd, 2016. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. The review comments below are not to be construed as being all inclusive. The project is required to comply with all of the adopted Building, Fire, and Municipal Codes in effect at the time of grading and building plan submittal for permit issuance. If you have any questions regarding these requirements, please contact the Plan Reviewer- Fire: Steve Eros, Fire Protection Analyst. 1. The outdoor dining areas need to comply with the occupant load and egress requirements stated in the California Fire Code and California Building Code. 2. The “Expanded Outdoor Dining” area cannot obstruct an egress door. If the door serving the outdoor dining area is a required exit, this area will need to redesigned so that the exit is not obstructed as it travels to the public way. THE FOLLOWING SHALL BE MAINTAINED DURING CONSTRUCTION: a. Fire/Emergency Access and Site Safety shall be maintained during project construction phases in compliance with CFC Chapter 33, Fire Safety During Construction And Demolition. (FD) OTHER: a. Discovery of additional soil contamination or underground pipelines, etc., must be reported to the Fire Department immediately and the approved work plan modified accordingly in compliance with City Specification #431-92 Soil Clean-Up Standards. (FD) b. Outside City Consultants The Fire Department review of this project and subsequent plans may require the use of City consultants. The Huntington Beach City Council approved fee schedule allows the Fire Department to recover consultant fees from the applicant, developer or other responsible party. (FD) Fire Department City Specifications may be obtained at: Huntington Beach Fire Department Administrative Office City Hall 2000 Main Street, 5th floor Huntington Beach, CA 92648 or through the City’s website at http://www.huntingtonbeachca.gov/government/departments/Fire/fire_prevention_code_enforce ment/fire_dept_city_specifications.cfm If you have any questions, please contact the Fire Prevention Division at (714) 536-5411. HB -218-Item 8. - 30 HB -219-Item 8. - 31 HB -220-Item 8. - 32 HB -221-Item 8. - 33 HB -222-Item 8. - 34 HB -223-Item 8. - 35 HB -224-Item 8. - 36 HB -225-Item 8. - 37 r Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 NOTICE OF ACTION September 13, 2006 Michael C . Adams Associates 21190 Beach Blvd. Huntington Beach, CA 92648 SUBJECT: CONDITIONAL USE PERMIT NO. 06-20 (PONDEROSA STEAKHOUSE) APPLICANT: Michael C. Adams Associates, 21190 Beach Blvd., Huntington Beach, CA 92648 REQUEST: Permit the establishment of a 5,000 sq. ft. restaurant with on-site sale and consumption of alcohol, live entertainment consisting of live music, a disc jockey (DJ), and a mechanical bull, dancing, up to four billiard tables with shuffleboard, and a 1,000 sq. ft. two phased outdoor dining area with alcohol. PROPERTY Pierside Pavilion, LLC c/o Joe Daichendt, 300 Pacific Coast Highway, OWNER : Huntington Beach, CA 92648 LOCATION: 300 Pacific Coast Highway, # 112 (south side of Walnut Avenue, between Main St. and Third St.) DATE OF ACTION: September 12, 2006 On Tuesday, September 12, 2006, the Huntington Beach Planning Commission took action on your application, and your application was conditionall a roved with modified findings and conditions of approval. Attached to this letter are the findings and conditions of approval. Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance requirements. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within HB -226-Item 8. - 38 Notice of Action: CUP 06-20 September 13, 2006 Page 2 ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of One Thousand, Five Hundred Forty-One Dollars ($1,541.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Two Thousand Three Hundred Seventy-Nine Dollars ($2,379.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is SEPTEMBER 22 2006. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval, unless actual construction has started. "Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Govern ment Code §66020." If you have any questions, please contact Rami Talleh, Associate Planner, at (714) 374-1682 or the Planning Department Zoning Counter at (714) 536-5271. Sincerely, Scott Hess, Secretary Planni Commission By: e b Fauland, Principa Planner SH:HF:RT:cs Attachment: Findings and Conditions of Approval - CUP No. 06-20 c: Honorable Mayor and City Council Chair and Planning Commission Penelope Culbreth-Graft, City Administrator Paul Emery, Deputy City Administrator Scott Hess, Acting Director of Planning Eric Engberg, Division Chief/Fire Marshal Terri Elliott , Principal Civil Engineer Gerald Caraig, Permit-Plan Check Manager Pierside Pavilion, LLC c/o Joe Dichendt, 300 Pacific Coast Highway, Huntington Beach, CA 92648 Project File (G PC\NOA\2006\CUP 06-20)HB -227-Item 8. - 39 FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 06-20 (September 12, 2006) FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the Califo rn ia Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, which states that operation and minor alteration to existing structures involving negligible or no expansion are exempt from fu rther environmental review. FINDINGS FOR APPROVAL: 1. Conditional Use Permit No. 06-20 for the establishment of a 5,000 sq. ft. restaurant with on- site alcohol sales, live ente rtainment and dancing, up to four billiard tables with shuffleboard, and a 1,000 sq. ft. two-phased outdoor dining area with alcohol (Phase One: 400 sq. ft., and Phase Two: 600 sq. ft.) will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed uses will not create adverse noise or parking impacts to the surrounding businesses and residents based on the availability of parking within the existing parking structure and limitations on hours of operation. 2. The proposed restaurant with alcohol sales, dancing, live entertainment and outdoor dining will be compatible with surrounding uses. The use will be required to comply with strict conditions of approval to assure that any potential impacts to the impacts to surrounding properties are minimized. In addition, the proposed use is consistent with the mixed-use character of commercial developments in the downtown. The use is subject to noise regulations such as requiring that all doors and windows remain closed during live entertainment, and regulation on the hours of operation to ensure compatibility with surrounding businesses and residents. 3. The proposed restaurant will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it will be located. The proposed use will comply with parking in the Downtown Parking Master Plan and will be accommodated by the existing parking supply in the existing parking structure. In addition, prior to construction of Phase Two of the outdoor dining area, the applicant will be required to submit a parking analysis demonstrating compliance with the Downtown Parking Master Plan. There is no physical expansion proposed as part of the request and the use will comply with all building occupancy/exiting requirements. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use on the subject property including the following policies and objectives identified in the General Plan: (G.PC\NOA\2006\9-12-06 ; CUP 06-20) Page I of 3 HB -228-Item 8. - 40 A. Land Use Element Polic LU 7.1.1 Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. Ob ective LU 7.1 Accommodate the development of a balance of land uses that (a) provides for the housing, commercial, employment, cultural, entertainment, and recreation needs of existing and future residents, (b) provides employment oppo rtunities for residents of the City and surrounding subregion, (c) captures visitor and tourist activity, and (d) provides open space and aesthetic relief from urban development. Goal LU 11 Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services, and ente rtainment, and reduce the need for automobile use. The proposed restaurant will provide a new visitor-commercial venue within the Downtown that is consistent with the Land Use Density Schedules for the Downtown and is compatible with surrounding mixed-use development. B. Coastal Element Policy C 3.2.3 Encourage the provision of a variety of visitor-serving commercial establishments within the Coastal Zone, including but not limited to, shops, restaurants, hotels and motels, and day spas. The proposed restaurant will increases the commercial viability of Pierside Pavilion, allowing for its continued success within the Downtown. The proposed establishment will expand the available visitor-serving commercial uses within the Coastal Zone available to its patrons. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated May 31, 2006, shall be the conceptually approved design with the following modification: a. A 42-inch high barrier in compliance with the Department of Alcoholic Beverage Control (ABC) and consistent with City standard designs shall be provided along the perimeter of the outdoor dining area. 2. The use shall comply with the following: a. All conditions of the Entertainment Permit issued by the Police Department shall be observed. b. All ingress/egress to and from the outdoor dining area shall be provided from inside the restaurant. Exiting from the outdoor dining area to the adjacent paseo shall be for emergency purposes only. c. Lighting in the outdoor dining area shall be regulated and directed to prevent "spillage" onto adjacent properties. (G.PC\NOA\2006\9-12-06; CUP 06-20) Page 2 of 3 HB -229-Item 8. - 41 i d. The rear door providing access to the alley shall be closed at all times and used for emergency purposes only. 3. The hours of operation for the business shall be limited to between 7:00 am and 1:30 am daily and the hours of operation for outdoor dining shall be limited to between 11:00 am and 9:00 pm Mon.-Thur. and between 11:00 am and 10:00 pm Fri.-Sun. 4. Prior to construction of Phase Two of the outdoor dining area, adequate parking for the entire outdoor dining area shall be demonstrated or provided consistent with applicable code requirements. 5. A review of the use shall be conducted by the Planning Commission within six (6) months of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with the Huntington Beach Noise Ordinance. At that time the Planning Commission may consider modifications to the conditions of approval to address noise issues. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. (G:PC\NOA\2006\9-12-06, CUP 06-20) Page 3 of 3 HB -230-Item 8. - 42 Huntington Beach Planning Commission • 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION February 25, 2009 Michael C. Adams 21190 Beach Boulevand Huntington Beach, CA 92648 SUBJECT: REVOCATION OF CONDITIONAL USE PERMIT NO. 06- 020/ENTITLEMENT PLAN AMENDMENT NO. 06-008 (BLACK BULL CHOPHOUSE - CONTINUED FROM THE NOVEMBER 12, 2008 MEETING) APPLICANT: BUSINESS OWNER: PROPERTY OWNER: REQUEST: Michael C. Adams, Adams Associates Cesar Pena, 300 Pacific Coast Highway, Ste. 112, Huntington Beach, CA 92648 Joe Diachendt, 300 Pacific Coast Highway, Ste. 119, Huntington Beach, CA 92648 To consider the revocation of Conditional Use Permit (CUP) No. 06-020 and Entitlement Plan Amendment (EPA) No. 06-008, which permitted the establishment of a 6,290 sq. ft. restaurant with alcohol sales, live ente rtainment and dancing, up to four billiard tables and 1,000 sq. ft. outdoor dining area. The Planning Commission may revoke the CUP or amend the conditions of approval pursuant to Condition No. 5 of Conditional Use Permit No. 06-020 approved on November 6, 2006. LOCATION: 300 Pacific Coast Highway, # 112 (south side of Walnut Avenue, between Main St. and Third St. - Pierside Pavilion, Downtown) DATE OF ACTION : February 24, 2009 On Tuesday, February 24, 2009, the Huntington Beach Planning Commission took action on your application, and your application was a roved with revised findin s and revised conditions of a royal. Att ached to this letter are the findings and conditions of approval. Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance requirements. www.surfcity-hb.orgPhone 714-536-5271 Fax 714-374-1540HB -231-Item 8. - 43 Notice of Action CUP 06-021A 06-008 41- February 25, 2009 Page 2 Under the provisions of th e Huntington Beach Zoning and Subdivision Ordinance, th e action taken by th e Planning Commission becomes final at th e expiration of th e appeal pe riod A person desi ring to appeal the decision shall file a wntten notice of appeal to the City Clerk within ten (10) calendar days of the date of th e Planning Commission's action The notice of appeal shall include th e name and address of the appellant, the decision being appealed, and th e grounds for the appeal Said appeal must be accompanied by a filing fee of One Thousand, Five Hundred Forty-One Dollars ($1,541 00) if th e appeal is filed by a single fam ily dwelling property owner appealing the decision on his own property and Two Thousand Three Hundred Seventy-Nine Dollars ($2,379 00) if the appeal is filed by any oth er party In your case, th e last day for filing an appeal and paying th e filing fee is March 6 2009 at 5 00 PM Provisions of th e Huntington Beach Zoning and Subdivision Ordinance are such th at any application becomes null and void one (1) year after final app roval, unless actual construction has started "Excepting th ose actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of th e fees described in this Notice of Action If you fail to file a wntten protest regarding any of th e fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020 " If you have any questions, please contact Rami Talleh , the project planner, at rtalleh surfcit - hb org or (714) 374-1682 or the Planning Department Zoning Counter at (714) 536-5271 Sincerely, Scott Hess, Secreta ry Planning Commission By Herb Fauland, Planning Man er SH HF RT iw A ttachment Findings and Conditions of Approval - CUP No 06-020 and EPA No 06-008 c Honorable Mayor and City Council Chair and Planning Commission Fred Wilson, City Administrator Scott Hess, Director of Planning Bill Reardon, Division Chief/Fire Marshal Ken Small, Chief of Police Chuck Thomas, Police Captain Cesar Pena, Business owner - Black Bull Chop House Stuart Miller (Attorney at Law, Black Bull Counsel) Leonie Mulvihill, Senior Deputy City Attorney Steve Bogart, Senior Civil Engineer Gerald Caraig, Permit-Plan Check Manager Property Owner Project File t f. HB -232-Item 8. - 44 ATTACHMENT NO. I REVISED FINDINGS OF APPROVAL CONDITIONAL USE PERMIT NO. 06-020 ENTITLEMENT PLAN AMENDMENT NO. 06-008 REVISED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, which states that operation and minor alteration to existing structures involving negligible or no expansion are exempt from further environmental review. REVISED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 06-020 ENTITLEMENT PLAN AMENDMENT NO. 06-008: 1. Conditional Use Permit No. 06-20 for the establishment of a 6,290 sq. ft. restaurant with on- site alcohol sales, live ente rtainment and dancing, up to four billiard tables with shuffleboard, and a 1,000 sq. ft. two-phased outdoor dining area with alcohol, as conditioned, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The adjacent residential uses to the east will be buffered from noise emanating from the restaurant by a 60 ft. wide pedestrian corridor. Furthermore, to reduce the potential noise impacts, the project is conditioned to install sound proofing material along the easterly business storefront. In addition, outside storage and any food preparation within the outdoor dining area located along the easterly side of the restaurant are prohibited. The restaurant will also be required to clearly mark and delineate the dance floor within the restaurant and be prohibited from clearing furniture to expand the dance floor in order to limit potential overcrowding. The proposed uses with the revised conditions of approval will not create adverse noise or parking impacts to the surrounding businesses and residents. 2. The proposed restaurant with alcohol sales, dancing, live entertainment and outdoor dining will be compatible with surrounding uses. The uses will be required to comply with strict conditions of approval to assure that any potential impacts to the surrounding prope rties are minimized. In addition, the proposed uses are consistent with the mixed-use character of commercial developments in the downtown. The uses are subject to revised use restrictions within the outdoor dining area, noise regulations such as requiring that all doors and windows remain closed during live ente rtainment, noise attenuating improvements, and regulation on the hours of operation to ensure compatibility with surrounding businesses and residents. 3. The proposed restaurant will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it will be located. The proposed uses will comply with parking in the Downtown Parking Master Plan and will be accommodated by the existing parking supply in the existing parking structure. Furthermore, with the revised conditions of approval, the proposed improvements address potential noise impacts and will be in compliance with all the applicable Downtown G.\PC\NOA\09\2-10-09 CUP 06-020-EPA 06-008 Black Bull Attachment 1.1 HB -233-Item 8. - 45 Specific Plan and Huntington Beach Zoning and Subdivision Ordinance requirements. In addition, prior to construction of Phase Two of the outdoor dining area, the applicant will be required to submit a parking analysis demonstrating compliance with the Downtown Parking Master Plan. There is no physical expansion proposed as part of the request and the use will comply with all building occupancy/exiting requirements. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use on the subject property including the following policies and objectives identified in the General Plan: A. Land Use Element Polic LU 7.1.1 Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. Ob'ective LU 7.1 Accommodate the development of a balance of land uses that (a) provides for the housing, commercial, employment, cultural, entertainment, and recreation needs of existing and future residents, (b) provides employment opportunities for residents of the City and surrounding subregion, (c) captures visitor and tourist activity, and (d) provides open space and aesthetic relief from urban development. Goal LU 11 Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services, and entertainment, and reduce the need for automobile use. The restaurant with the revised conditions of approval will provide a new visitor-commercial venue within the Downtown that is consistent with the Land Use Density Schedules for the Downtown and is compatible with surrounding mixed-use development. B. Coastal Element Policy C 3.2.3 Encourage the provision of a variety of visitor-serving commercial establishments within the Coastal Zone, including but not limited to, shops, restaurants, hotels and motels, and day spas. The restaurant with the revised conditions of approval will increases the commercial viability of Pierside Pavilion, allowing for its continued success within the Downtown. The proposed establishment will expand the available visitor-serving commercial uses within the Coastal Zone available to its patrons. REVISED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 06-020 ENTITLEMENT PLAN AMENDMENT NO. 06-008: 1. The site plan, and floor plan received and dated February 17, 2009, shall be the conceptually approved design with the following modification: a. The restaurant's east elevation shall be sound proofed to demonstrate compliance with Section 8.40 of the Huntington Beach Municipal Code, Noise Control. (Amended) G:\PC\NOA\09\2-10 -09 CUP 06-020-EPA 06-008 Black Bull Attachment 1 2 HB -234-Item 8. - 46 b. The location of the 200 sq. ft. dance floor, any sound equipment, and DJ booth shall be depicted on the plans and shall not impede any required exit path. (Amended) 2. Within two weeks from approval, the following shall be completed and approved in compliance with modifications listed under Condition No. 1 (Amended): a. Revised floor plans shall be submitted to the Planning Department indicating the location of the 200 sq. ft. dance floor, any sound equipment, and DJ booth. b. The 200 sq. ft. dance floor shall be clearly marked and delineated within the restaurant. 3. Within 30 days from approval, the following shall be completed and approved in compliance with modifications listed under Condition No. 1 (Amended): a. An acoustical analysis report shall accompany the construction drawings demonstrating that the,improvements will effectively reduce noise emanating from the restaurant in compliance with Section 8.40 of the Huntington Beach Municipal Code, Noise Control. ' b. Construction plans for sound proofing the restaurant's east elevation shall be submitted to the Building and Safety Department. 4. Within 30 days of issuance of Building Permits, the following shall be completed and approved in compliance with modifications listed under Condition No. 1 (Amended): a. Construction of the soundproofing on the east elevation shall be completed and finaled by the Building and Safety Department. 5. The use shall comply with the following: a. All conditions of the Entertainment Permit issued by the Police Department shall be complied with. b. All ingress/egress to and from the outdoor dining area shall be provided from inside the restaurant. Exiting from the outdoor dining area to the adjacent paseo shall be prohibited except for emergency purposes only. c. Lighting in the outdoor dining area shall be regulated and directed to prevent "spillage" onto adjacent p roperties. d. The rear door providing access to the alley shall be closed at all times and used for emergency purposes only. e. The preparation of any food shall be prohibited within the outdoor dining area. (Amended) f. Interior restaurant furniture shall not be removed from any area to increase, or create additional dance floor space. (Amended) G-\PC\NOA\09\2-10-09 CUP 06-020-EPA 06-008 Black Bull Attachment 1 3 HB -235-Item 8. - 47 g.The outdoor dining area shall not be used for outside storage except for the storage of outdoor dining furniture. The storage of outdoor dining furniture shall not obstruct any required exit path. (Amended) h. The 200 sq. ft. dance floor shall be clearly marked and delineated within the restaurant. (Amended) i. Signs shall be posted on the exterior of the building "encouraging patrons to please refrain from smoking, if possible, and to please be courteous and keep the noise levels to a minimum". (Amended) 6. The hours of operation for the business shall be limited to between 7:00 am and 1:30 am daily and the hours of operation for outdoor dining shall be limited to between 11:00 am and 9:00 pm Mon.-Thur. and between 11:00 am and 10:00 pm Fri.-Sun. The restaurant door to the outdoor dining area shall be posted with a sign that states "Emergency Exit Only When Outdoor Dining Patio Is Closed." 17., Prior to construction of Phase Two of the outdoor dining area, adequate parking for the entire outdoor dining area shall be demonstrated or provided consistent with applicable code requirements. 8. A review of the use shall be conducted by the Planning Commission within six (6) months of the final inspection to verify compliance with the Huntington Beach Noise Ordinance. At that time the Planning Commission may consider modifications to the conditions of approval to address noise issues. The business owner is encouraged to submit a noise study if noise complaints are received. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. , G.\PC\NOA\09\2-10-09 CUP 06-020-EPA 06-008 Black Bull Attachment 1.4 HB -236-Item 8. - 48 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK NOTICE OF ACTION February 28, 2007 Michael C. Adams Associates 21190 Beach Blvd. Huntington Beach , CA 92648 SUBJECT: Modify the approved plans for the Ponderosa Chop House - CUP 06-20 APPLICANT: Michael C. Adams Associates LOCATION: 300 Pacific Coast Highway, #112 (south side of Walnut Avenue, between Main St. and Third St.) DATE OF ACTION. February 20, 2007 On Tuesday, Februa ry 20, 2007 the City Council of the City of Huntington Beach took action on your application and approved as amended the Staff Recommendation for Entitlement Plan Amendment No. 06-08 with Findings and Conditions of Approval (att ached). This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions, please contact Scott Hess, Acting Director of Planning at (714) 536-5271. Sincerely, 40- J46w) Enclosure: Findings and Conditions of Approval: EPA 06-08 c: Acting Director of Planning Rami Talleh, Project Planner (Telephone : 714-536-5227) HB -237-Item 8. - 49 FINDINGS AND CONDITIONS OF APPROVAL ENTITLEMENT PLAN AMENDMENT NO. 06-08 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, which states that operation and minor alteration to existing structures involving negligible or no expansion are exempt from further environmental review. FINDINGS FOR APPROVAL: 1. Entitlement Plan Amendment No. 06-08 for the expansion of a previously approved 5,000 square foot restaurant with on-site alcohol sales, live entertainment and dancing, and outdoor dining area with alcohol into an adjacent 1,290 square foot vacant suite will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed expansion will not create adverse noise or parking impacts to the surrounding businesses and residents based on the availability of parking within the existing parking structure and limitations on hours of operation. Furthermore, the proposed expansions will allow for greater flexibility in the layout of the floor plan to reduce any potential impacts to the adjacent residential uses and comply with conditions of approval of Conditional Use Permit No. 06-20. 2 The proposed expansion of a previously approved restaurant with alcohol sales, dancing, live entertainment and outdoor dining will be compatible with surrounding uses. The use will be required to comply with strict conditions of approval to assure that any potential impacts to the impacts to surrounding properties are minimized. In addition, the proposed use is consistent with the mixed-use character of commercial developments in the downtown. The use is subject to noise regulations such as requiring that all doors and windows remain closed du ring live entertainment, and regulation on the hours of operation to ensure compatibility with surrounding businesses and residents 3. The proposed restaurant will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it will be located. The proposed use will comply with parking in the Downtown Parking Master Plan and will be accommodated by the existing parking supply in the existing parking structure. In addition, prior to construction of Phase Two of the outdoor dining area, the applicant will be required to submit a parking analysis demonstrating compliance with the Downtown Parking Master Plan. There is no physical expansion proposed as part of the request and the use will comply with all building occupancy/exiting requirements. 4. The granting of the entitlement plan amendment will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use on the subject property including the following policies and objectives identified in the General Plan: 1 HB -238-Item 8. - 50 A. Land Use Element Policy LU 7.1.1 Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. Ob ective LU 7.1 Accommodate the development of a balance of land uses that (a) provides for the housing, commercial, employment, cultural, entertainment, and recreation needs of existing and future residents, (b) provides employment opportunities for residents of the City and surrounding subregion, (c) captures visitor and tourist activity, and (d) provides open space and aesthetic relief from urban development. Goal LU 11 Achieve the development of projects that enable residents to live in proximity to their jobs , commercial services, and entertainment, and reduce the need for automobile use. The proposed expansion of a previously approved restaurant will provide a new visitor- commercial venue within the Downtown that is consistent with the Land Use Density Schedules for the Downtown and is compatible with surrounding mixed-use development. B. Coastal Element Policy C 3.2.3 Encourage the provision of a variety of visitor-serving commercial establishments within the Coastal Zone, including but not limited to, shops, restaurants, hotels and motels, and day spas. The proposed expansion of a previously approved restaurant will increases the commercial viability of Pierside Pavilion, allowing for its continued success within the Downtown. The proposed establishment will expand the available visitor-serving commercial uses within the Coastal Zone available to its patrons. CONDITIONS OF APPROVAL: 1. The floor plan received and dated December 28, 2006, shall be the conceptually approved design. 2. The existing interior wall constructed along the southeasterly windows adjacent to the mechanical bull shall remain in place. 3. The conditions of approval of Conditional Use Permit No. 06-20 shall remain in effect. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. 2 '• HB -239-Item 8. - 51 1 Wong, Chris From:James, Jane Sent:Monday, March 06, 2017 1:28 PM To:Wong, Chris Subject:FW: March 14th Agenda -- Entitlement Plan Amendment (EPA) No. 16-007 (Black Bull Chop House Outdoor Dining Area Relocation) FYI     Jane James | Planning Manager   City of Huntington Beach  Department of Community Development  714.536.5596 | jjames@surfcity‐hb.org    From: Richardson Gray [mailto:richardson.gray@yahoo.com] Sent: Friday, March 03, 2017 1:37 PM To: Planning Commission Subject: March 14th Agenda -- Entitlement Plan Amendment (EPA) No. 16-007 (Black Bull Chop House Outdoor Dining Area Relocation) Dear Planning Commissioners, I have owned my home in our Downtown neighborhood for the last ten years. As I understand the referenced agenda item, Pierside Pavilion and the Black Bull would like to enclose the Black Bull's existing outdoor patio area which runs along the pedestrian walkway between Pierside Pavilion's property and the Pier Colony residential condominium complex. As I understand it, the enclosure of this patio will substantially reduce the noise from the Black Bull, which has been something of a nuisance to many Pier Colony residents over the years. If my above assumptions are correct, I am writing to you to voice my support for this one-time exception to City Council Resolution No. 2013-24, to wit, the Black Bull would be able to maintain their existing closing times under the amended CUP, rather than change their closing times to no later than 12:00 A.M., as required by this Resolution. The only reason I am supporting this deviation from the Resolution is that this enclosure of the Black Bull's patio would provide a significant benefit to our Downtown residential neighborhood, by reducing the noise from the Black Bull and the nuisance it has created for many residents at Pier Colony. If the planned renovation is other than my assumptions outlined above, I am writing to you to voice my opposition to this referenced Entitlement Plan Amendment. Unless Pierside Pavilion and the Black Bull's renovation is providing substantial benefits to the adjoining residents at Pier Colony, this Entitlement Plan Amendment should be denied. If Pierside Pavilion and the Black Bull's renovation is NOT providing substantial benefits to the adjoining residents at Pier Colony, City Council Resolution No. 2013-24 should be followed by its exact and literal terms, requiring the Black Bull to change its closing times to no later than 12:00 A.M. Thank you for considering my views. Richardson Gray 415 Townsquare Lane #208 Huntington Beach, CA 92648 714-348-1928 (cell) richardson.gray@yahoo.com HB -240-Item 8. - 52 City of Huntington Beach Community Development Department STAFF REPORT TO: Planning Commission FROM: Scott Hess, AICP, Director of Community Development BY: Christopher Wong, Associate Planner DATE: March 14, 2017 SUBJECT: ENTITLEMENT PLAN AMENDMENT NO. 16-007 (BLACK BULL CHOP HOUSE OUTDOOR DINING AREA RELOCATION) PROJECT APPLICANT: Jeff Bergsma, 221 Main Street, Suite S, Huntington Beach, CA 92648 PROPERTY OWNER: Pierside Pavilion LLC, 300 Pacific Coast Highway, Huntington Beach, CA 92648 LOCATION: 300 Pacific Coast Highway, #112, 92648 (south side of Walnut Avenue between Main Street and 3rd Street – Pierside Pavilion) STATEMENT OF ISSUE: ♦ Entitlement Plan Amendment No. 16-007 request: − To amend Conditional Use Permit No. 06-020 to allow on-site sales and consumption of alcohol within a proposed 400-square-foot outdoor dining area adjacent to Walnut Avenue. − To amend Condition No. 1 from City Council Resolution No. 2013-24, Exhibit B, to allow an existing restaurant to continue to operate until 1:30 am three days a week in lieu of operating between 7:00 am and 12:00 am daily as required. ♦ Staff Recommendation: Recommend approval of Entitlement Plan Amendment No. 16-007; recommend compliance with all standard conditions of approval from City Council Resolution No. 2013-24, Exhibit B (i.e., the restaurant shall close at 12:00 am); and forward to the City Council for action based upon the following: − The proposed on-site sales and consumption of alcohol in an outdoor dining area is compatible with surrounding land uses with conditions of approval. − The proposed on-site sales and consumption of alcohol in an outdoor dining area will comply with the Huntington Beach Zoning and Subdivision Ordinance, Downtown Specific Plan No. 5, applicable provisions of the Municipal Code, and standard conditions of approval from City Council Resolution No. 2013-24 and, therefore, will not result in significant impacts to the site and surrounding area. HB -241-Item 8. - 53 PC Staff Report – 3/14/2017 2 (17sr10 EPA 16-038 Black Bull Outdoor Dining) − The proposed on-site sales and consumption of alcohol in an outdoor dining area is consistent with the General Plan designation of M-≥30-d-sp-pd, and facilitates the continued success of a visitor- serving commercial use. RECOMMENDATION: Motion to: “Recommend approval of Entitlement Plan Amendment No. 16-007, and recommend compliance with all conditions of approval contained within City Council Resolution No. 2013-24, Exhibit B, with suggested findings and conditions of approval, and forward to the City Council for action (Attachment No. 1).” HB -242-Item 8. - 54 PC Staff Report – 3/14/2017 3 (17sr10 EPA 16-038 Black Bull Outdoor Dining) ALTERNATIVE ACTION(S): VICINITY MAP ENTITLEMENT PLAN AMENDMENT NO. 16-007 (BLACK BULL CHOP HOUSE OUTDOOR DINING AREA RELOCATION – 300 PACIFIC COAST HIGHWAY, #112) Subject Site HB -243-Item 8. - 55 PC Staff Report – 3/14/2017 4 (17sr10 EPA 16-038 Black Bull Outdoor Dining) The Planning Commission may take alternative actions such as: A. “Recommend approval of Entitlement Plan Amendment No. 16-007; recommend compliance with all standard conditions of approval from City Council Resolution No. 2013-24, Exhibit B, except Condition No. 1 and allow the restaurant to continue to operate until 1:30 am three days a week with suggested findings and conditions of approval” (Applicant’s Request) B. “Continue Entitlement Plan Amendment No. 16-007, and direct staff accordingly.” C. “Recommend denial of Entitlement Plan Amendment No. 16-007 with suggested findings for denial.” PROJECT PROPOSAL: Entitlement Plan Amendment No. 16-007 represents a request for the following: 1. To amend Conditional Use Permit (CUP) No. 16-020 to permit on-site sales and consumption of alcohol (beer, wine, and distilled spirits) within a proposed 400-square-foot outdoor dining area pursuant to Huntington Beach Zoning and Subdivision Ordinance Section 241.18. This new outdoor dining area is proposed adjacent to an existing restaurant, Black Bull Chop House, and the public right-of-way. Existing palms trees in front of the restaurant are also proposed to be relocated to an area in the public sidewalk to accommodate the new dining area. 2. To amend Condition No. 1 from Resolution No. 2013-24, Exhibit B. The project site has been occupied by restaurant uses since 1993, prior to the City’s adoption of Resolution No. 2013-24. Therefore, Black Bull Chop House is not currently subject to requirements of the resolution. However, the restaurant will be subject to conditions of approval established in Resolution No. 2013- 24, Exhibit B (Attachment No. 5) due to the applicant’s request for an Entitlement Plan Amendment. Condition No. 1 mandates restaurants in downtown operate between the hours of 7:00 am and 12:00 am only. Therefore, the applicant also requests an amendment to this condition to allow the restaurant to maintain current hours of operation, which includes operating until 1:30 am three days a week as seen below. CURRENT BUSINESS HOURS OF OPERATION DAY HOURS Sunday – Wednesday 5:00 pm – 10:00 pm Thursday – Saturday 5:00 pm – 1:30 am For more information, refer to the project narrative submitted by the applicant (Attachment No 3). Restaurant Background: Conditional Use Permit No. 06-20 (Attachment No. 6) was approved by the Planning Commission on September 12, 2006. This CUP permitted on-site sales and consumption of alcohol, live entertainment consisting of live music, disc jockey, and mechanical bull, dancing, up to four billiard tables with shuffleboard, and an outdoor dining area at a restaurant in the subject location. CUP No. 06-020 has been HB -244-Item 8. - 56 PC Staff Report – 3/14/2017 5 (17sr10 EPA 16-038 Black Bull Outdoor Dining) amended once through Entitlement Plan Amendment No. 06-008, which permitted an expansion of the restaurant (Attachment No. 7). There is an outdoor dining area that currently exists along the southeastern boundary of the restaurant across from the Pier Colony residential development. However, this area will eventually be enclosed and converted into indoor dining area. The City Council approved this conversion through Conditional Use Permit No. 11-021/Coastal Development Permit No. 11-012 along with an overall expansion to Pierside Pavilion on September 17, 2012. Also, an existing right-turn lane in Walnut Avenue will be eliminated and the existing sidewalk adjacent to the restaurant will be widened. The resulting sidewalk will be ten- feet wide. Figure 1 below provides an image of these approved changes that will be completed. FIGURE 1: Image of the existing restaurant storefront An existing outdoor dining area along the southeastern boundary of the restaurant will eventually be enclosed. See the area shaded in yellow. Also, an existing right-turn lane in front of the restaurant will be eliminated, and the public sidewalk will be expanded to be ten-feet wide. See the area shaded in red. Resolution No. 2013-24 Background: On July 1, 2013, the City Council adopted Resolution No. 2013-24, which established standard conditions of approval for Conditional Use Permits involving alcoholic beverage sales and/or live entertainment in the Downtown Specific Plan District 1 area. Some of the conditions include, but are not limited to, the following: − Limiting hours of operation to between 7:00 am to 12:00 am midnight; − Requiring a minimum floor area that is designated for dining; − Establishing a minimum seating capacity within the dining area; − Requiring the service of food during business hours; and − Establishing parameters for the sales and service of alcohol. These standard conditions were established to address public safety, as well as the growing presence of nightclubs and bars, in the downtown area. At the time of adoption, all existing eating and drinking establishments in downtown were not subject to the conditions of the resolution. However, these HB -245-Item 8. - 57 PC Staff Report – 3/14/2017 6 (17sr10 EPA 16-038 Black Bull Outdoor Dining) conditions are applied to new requests for eating and drinking establishments with alcohol sales and/or live entertainment, as well as amendments to existing Conditional Use Permits. Additionally, any amendments (or deviations) to the conditions of the resolution may only be approved by the City Council. Therefore, the Planning Commission will be making a recommendation to the City Council regarding this request. ISSUES: Subject Property and Surrounding Land Use, Zoning, and General Plan Designations: The subject restaurant space occupies a ground floor tenant space in an existing mixed-use development, known as Pierside Pavilion. The storefront and main entrance to the restaurant are oriented towards Walnut Avenue. The table below identifies the General Plan designations, zoning, and existing land uses of the subject property and surrounding area. LOCATION LAND USE GENERAL PLAN ZONING Subject property: Mixed-Use Development M-≥30-d-sp-pd (Mixed Use – Greater than 30.0 dwelling units per net acre – Special Design Standards Overlay – Specific Plan Overlay – Pedestrian District Overlay) SP5-CZ (Downtown Specific Plan – Coastal Zone) North of subject property (and across Walnut Avenue): Mixed-Use Development East of subject property: Residential West of subject property: Mixed-Use Development South of subject property (and across Pacific Coast Highway): Beach, Pacific Ocean OS-S (Open Space – Shore) General Plan Conformance: The General Plan Land Use Map designates the subject property as M-≥30-d-sp-pd (Mixed Use – Greater than 30.0 dwelling units per net acre – Special Design Standards Overlay – Specific Plan Overlay – Pedestrian District Overlay). The proposed project, as conditioned, is consistent with this designation and the policies, objectives, and goal of the City’s General Plan as follows: A. Land Use Element Objective LU 10.1 Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach’s recreational resources. Policy LU 10.1.6 Require that commercial projects abutting residential properties adequately protect residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. Policy LU 10.1.8 Require that entertainment, drinking establishments, and other similar uses provide adequate physical and safety measures to prevent negative impacts on adjacent properties. HB -246-Item 8. - 58 PC Staff Report – 3/14/2017 7 (17sr10 EPA 16-038 Black Bull Outdoor Dining) Policy LU 15.2.2 Require that uses in the Pedestrian Overlay District be sited and designed to enhance pedestrian activity along the sidewalks. Create visual differentiation of upper and lower floors and distinct treatment of building entrances and use of pedestrian oriented signage. Eating and drinking establishments contribute to the economic vibrancy of downtown by serving the commercial, employment, entertainment, and recreation needs of nearby residents and visitors. By allowing on-site sales and consumption of alcohol in a new outdoor dining area, this will serve to accommodate and support the continued success of the existing eating and drinking establishment. With conditions of approval, on-site sales and consumption of alcohol will be compatible with the land uses in the surrounding neighborhood. Conditions have been added to the permit which limits the use and manner in which alcohol may be sold and consumed, and limits the business hours of operation consistent with Resolution No. 2013-24. This will allow alcohol sales and consumption in a safe manner for customers and residents of the surrounding area. Thus, the sale of beer and wine for on-site consumption is consistent with goals, objectives, and policies of the General Plan. B. Economic Development Element Objective ED 2.4 Revitalize, renovate and expand the existing Huntington Beach commercial facilities while attracting new commercial uses. Allowing on-site sales and consumption of alcohol in a proposed outdoor dining area will foster the renovation and expansion of an existing restaurant in the downtown area. Therefore, the proposed use will allow the restaurant to remain competitive and support its continued viability. C. Noise Element Objective N 1.8 Minimize the generation of excessive noise level impacts from entertainment and restaurant/bar establishments into adjacent residential or “noise sensitive” land uses. Policy N 1.8.1 Require that entertainment and restaurant/bar uses take appropriate steps to control the activities of their patrons on-site, as well as within a reasonable and legally justified distance or proximity, to minimize potential noise-related impacts on adjacent residential neighborhoods. As conditioned, on-site sales and consumption of alcohol in the outdoor dining area is not anticipated to generate noise that will significantly impact surrounding uses. The nearest residences are located approximately 60 feet away and southeast of the project site. To ensure residents are not disturbed in the evening by patrons dining outdoors, a condition has been added to the permit that limits the operating hours of the outdoor dining area to between 11:00 am and 9:00 pm, Monday through Thursday, and between 11:00 am and 10:00 pm, Friday through Sunday. This condition on patio hours of operation was previously established through CUP No. 06-020 and will, therefore, remain in effect with the proposed Entitlement Plan Amendment. Zoning Compliance: The restaurant is located within the Downtown Specific Plan (SP5) District 1 area and is, therefore, subject to SP5 zoning district standards. Pursuant to SP5 Section 3.2.24.1, a Conditional Use Permit is required to allow alcohol sales in a new outdoor dining area. Since CUP No. 06-020 was approved in HB -247-Item 8. - 59 PC Staff Report – 3/14/2017 8 (17sr10 EPA 16-038 Black Bull Outdoor Dining) 2006 for on-site sales and consumption of alcohol, an Entitlement Plan Amendment to this CUP is requested, which requires review and approval from the Planning Commission. In accordance with SP5 Section 3.2.24.2, a six-foot minimum clear passage area is required for pedestrian access between outdoor dining area and the curb where the sidewalk is ten feet or narrower in width. Once the public sidewalk is expanded, a six-foot minimum clear passage area will be provided between the outdoor dining area and curb. In accordance with SP5 Section 3.2.24.4, parking spaces are not required for an outdoor dining area that does not exceed 20 percent of the restaurant area, up to a maximum of 400 square feet. The proposed outdoor dining area is 400 square feet, or approximately six percent of the 6,893-square-foot restaurant area. Therefore, additional off-street parking spaces are not required. Urban Design Guidelines Conformance: The proposed design of the outdoor dining area is in substantial conformance with Urban Design Guidelines, Chapter 5, Downtown/Main Street Commercial. Guidelines encourage wall and fence design to be integrated with the overall building design. The proposed smooth off-white plaster, tempered glass, and planter boxes are consistent with the colors and materials of the Pierside Pavilion, thereby maintaining a cohesive and harmonious design. Environmental Status: The proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 Existing Facilities, because the project involves a minor alteration to the operation of an existing development involving negligible expansion of an existing use. Coastal Status: The project involves minor alteration of an existing structure that is located within the non-appealable area of the Coastal Zone. Therefore, the project is exempt from the requirements of HBZSO Chapter 245 (Coastal Development Permit), and a Coastal Development Permit is not required. Design Review Board: In accordance with SP5 Section 2.5.9, design review is required for all facade improvements/remodels in Downtown. Therefore, the Design Review Board (DRB) considered the design of the proposed outdoor dining area at its regular meeting on February 9, 2017, and unanimously voted to recommend the Planning Commission approve the design as proposed. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: The Departments of Community Development, Fire, and Police reviewed the application and identified applicable code requirements. These requirements were forwarded to the applicant, and are attached for HB -248-Item 8. - 60 PC Staff Report – 3/14/2017 9 (17sr10 EPA 16-038 Black Bull Outdoor Dining) informational purposes only (Attachment No. 4). Comments from the Police Department are included as suggested conditions of approval that will mitigate potential impacts resulting from sales and consumption of alcohol on the premises. Public Notification: A legal notice was published in the Huntington Beach Wave on March 2, 2017. Notices were also mailed to property owners of record and occupants within a 500-foot radius of the project site, individuals and organizations requesting notification (Community Development Department Notification Matrix), the project applicant, and interested parties. On March 3, 2017, Mr. Richardson Gray submitted written support (Attachment No. 8) to the proposed Entitlement Plan Amendment because it will “provide a significant benefit to [the] Downtown residential neighborhood, by reducing the noise from the Black Bull and the nuisance it has created for many residents at Pier Colony.” Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): February 21, 2017 April 21, 2017 Entitlement Plan Amendment No. 16-007 was filed on November 2, 2016 and deemed complete on February 21, 2017. The application is scheduled for public hearing before the Planning Commission at its regular meeting on March 14, 2017. ANALYSIS: Land Use Compatibility: The subject restaurant is located in a mixed-use development that includes retail, service, office, and restaurant uses. A multi-story residential building is located southeast of the restaurant, and approximately 60 feet away as seen in Figure 2 below. FIGURE 2: Image of the existing restaurant (right) and nearby residences (left) HB -249-Item 8. - 61 PC Staff Report – 3/14/2017 10 (17sr10 EPA 16-038 Black Bull Outdoor Dining) The existing outdoor dining area along the southeastern boundary of the restaurant is in proximity to these residences. As proposed, the outdoor dining area will be relocated to an area in front of the restaurant and away from residences. Relocating the outdoor dining area to be adjacent to the public sidewalk is also consistent with other restaurants along Walnut Avenue. Additionally, the size of the proposed outdoor dining area will be reduced from 683 square feet to 400 square feet. Lastly, an outdoor dining area adjacent to the street facilitates the goals of creating a more urban atmosphere in downtown. Therefore, the proposed outdoor dining area will be compatible with the surrounding neighborhood. To ensure sales and consumption of alcohol in the new outdoor dining area will not impact surrounding land uses, a condition of approval has been carried over from a previous condition of approval which limits the outdoor dining area hours of operation to between 11:00 am and 9:00 pm, Monday through Thursday, and between 11:00 am and 10:00 pm, Friday through Sunday. Furthermore, the restaurant is required to comply with all provisions of Huntington Beach Municipal Code Chapter 8.40 Noise Control. The Police Department also reviewed the proposal, and indicated support of the proposed structural changes and location of the outdoor patio area because these changes will enhance the overall aesthetics of the building, and present a smaller outdoor patio area than currently exists. The Police Department also suggested several conditions of approval to ensure the overall restaurant operation, including the outdoor dining area, will not affect surrounding properties. Such conditions require availability of food service until at least one hour before closing time, maintenance of a barrier around the outdoor dining area, illumination and security cameras, and compliance with all applicable laws. Amendment to City Council Resolution No. 2013-24: In reviewing the restaurant’s current hours of operation, the Police Department is not opposed to leaving these hours in place for the subject Entitlement Plan Amendment; however, the Police Department is also not in a position to recommend approval based upon the regulations listed in Resolution No. 2013-24. The resolution applies limitations upon business operating hours when any amendment to an existing CUP is requested. Accordingly, staff must recommend that the Planning Commission forward this request to the City Council with a recommendation the proposed restaurant comply with all conditions of approval from Resolution No. 2013-24. Conclusion: The request to permit on-site sales and consumption of alcohol (beer, wine, and distilled spirits) in a new outdoor dining area is consistent with the scope and intent of development in Downtown and is supported by the General Plan. In addition, the proposed use as conditioned will be compatible with land uses in the surrounding neighborhood. Accordingly, staff recommends approval of the request subject to conditions of approval, which includes all standard conditions of approval from Resolution No. 2013-24, Exhibit B. ATTACHMENTS: 1. Suggested Findings and Conditions of Approval for Entitlement Plan Amendment No. 16-007 2. Site Plan and Building Elevations received and dated January 24, 2017; Complete Floor Plan received and dated February 7, 2017; and Colored Rendering received and dated December 13, 2016 3. Project Narrative received and dated December 13, 2016 4. Code Requirements Letter dated February 27, 2017 (for informational purposes only) HB -250-Item 8. - 62 PC Staff Report – 3/14/2017 11 (17sr10 EPA 16-038 Black Bull Outdoor Dining) 5. City Council Resolution No. 2013-24 6. Conditional Use Permit No. 06-020 Notice of Action dated September 13, 2006 7. Entitlement Plan Amendment No. 06-008 Notice of Action dated February 28, 2007 8. Written e-mail communication from Richardson Gray received March 3, 2017 SH:JJ:CW:kd HB -251-Item 8. - 63 PC Staff Report – 3/14/2017 Attachment No. 1.1 ATTACHMENT NO. 1 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL ENTITLEMENT PLAN AMENDMENT NO. 16-007 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds the project will not have a significant effect on the environment, and is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 Existing Facilities, because the project involves a minor alteration to the operation of an existing development involving negligible expansion of an existing use. SUGGESTED FINDINGS FOR APPROVAL – ENTITLEMENT PLAN AMENDMENT NO. 16-007 1. Entitlement Plan Amendment No. 16-007, which involves amendments to Conditional Use Permit No. 06-020 to permit on-site sales and consumption of alcoholic beverages (beer, wine, and distilled spirits) within a new outdoor dining area, will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood. The new outdoor dining area will not affect the characteristics of the business and operation. The primary use will remain restaurant. A full menu of prepared food items for on-site consumption will continue to be served during business hours. In addition, the floor layout dedicates 4,825 square feet (or approximately 70 percent) of restaurant floor area to customer dining; and the remaining floor area is dedicated to restrooms, and a complete kitchen with food preparation area. Such a use will not be detrimental to the welfare of persons in the vicinity, with a condition limiting the hours of operation of the outdoor dining area, and will help sustain a vital area for business activity that serves the community. 2. The granting of an Entitlement Plan Amendment to Conditional Use Permit No. 06-020 to permit on- site sales and consumption of alcoholic beverages (beer, wine, and distilled spirits) within a new outdoor dining area will be compatible with surrounding land uses. The subject restaurant is located in a mixed-use development that includes retail, service, office, and restaurant uses. A multi-story residential building is located southeast of the restaurant, and approximately 60 feet away. The existing outdoor dining area along the southeastern boundary of the restaurant is in proximity to these residences. As proposed, the outdoor dining area will be relocated to an area in front of the restaurant and away from residences. Relocating the outdoor dining area to be adjacent to the public sidewalk is also consistent with other restaurants along Walnut Avenue. Additionally, the size of the proposed outdoor dining area will be reduced from 683 square feet to 400 square feet. Lastly, an outdoor dining area adjacent to the street facilitates the goals of creating a more urban atmosphere in downtown. Therefore, the proposed outdoor dining area will be compatible with the surrounding neighborhood. To ensure sales and consumption of alcohol in the new outdoor dining area will not impact surrounding land uses, a condition of approval limits the outdoor dining area hours of operation to between 11:00 am and 9:00 pm, Monday through Thursday, and between 11:00 am and 10:00 pm, HB -252-Item 8. - 64 PC Staff Report – 3/14/2017 Attachment No. 1.2 Friday through Sunday. Furthermore, the restaurant is required to comply with all provisions of Huntington Beach Municipal Code Chapter 8.40 Noise Control. 3. The granting of an Entitlement Plan Amendment to Conditional Use Permit No. 06-020 to permit on- site sales and consumption of alcoholic beverages (beer, wine, and distilled spirits) within a new outdoor dining area complies with Specific Plan No. 5 (SP5) zoning district standards, applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and specific conditions required for the proposed use from Resolution No. 2013-24. Pursuant to SP5 Section 3.2.24.1, a Conditional Use Permit is required to allow alcohol sales in a new outdoor dining area. Since CUP No. 06-020 was approved in 2006 for on-site sales and consumption of alcohol, an Entitlement Plan Amendment to this CUP is requested, which requires review and approval from the Planning Commission. In accordance with SP5 Section 3.2.24.4, parking spaces are not required for an outdoor dining area that does not exceed 20 percent of the restaurant area, up to a maximum of 400 square feet. The proposed outdoor dining area is 400 square feet, or approximately six percent of the 6,893-square-foot restaurant area. Therefore, additional off-street parking spaces are not required. Lastly, the proposed outdoor dining area will not obstruct public use of the sidewalk or building entryways, and will not restrict pedestrian, transit and business services. In accordance with SP5 Section 3.2.24.2, a six-foot minimum clear passage area is required for pedestrian access between outdoor dining area and the curb where the sidewalk is ten feet or narrower in width. Once the public sidewalk is expanded, a six-foot minimum clear passage area will be provided between the outdoor dining area and curb. To ensure compliance, the outdoor dining area shall not be established until the public sidewalk is expanded as a condition of the project’s approval. In addition, the outdoor dining area will leave an unobstructed path to the building entryway. Therefore, pedestrian traffic volumes will not be inhibited. Handicapped accessibility will also be provided where required by the California Building Code. 4. The granting of an Entitlement Plan Amendment to Conditional Use Permit No. 06-020 to permit on- site sales and consumption of alcoholic beverages (beer, wine, and distilled spirits) within a new outdoor dining area is consistent with the General Plan. The General Plan Land Use Map designates the subject property as M-≥30-d-sp-pd (Mixed Use – Greater than 30.0 dwelling units per net acre – Special Design Standards Overlay – Specific Plan Overlay – Pedestrian District Overlay). The proposed project, as conditioned, is consistent with this designation and the policies, objectives, and goal of the City’s General Plan as follows: A. Land Use Element Objective LU 10.1 Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach’s recreational resources. Policy LU 10.1.6 Require that commercial projects abutting residential properties adequately protect residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. HB -253-Item 8. - 65 PC Staff Report – 3/14/2017 Attachment No. 1.3 Policy LU 10.1.8 Require that entertainment, drinking establishments, and other similar uses provide adequate physical and safety measures to prevent negative impacts on adjacent properties. Policy LU 15.2.2 Require that uses in the Pedestrian Overlay District be sited and designed to enhance pedestrian activity along the sidewalks. Create visual differentiation of upper and lower floors and distinct treatment of building entrances and use of pedestrian oriented signage. Eating and drinking establishments contribute to the economic vibrancy of downtown by serving the commercial, employment, entertainment, and recreation needs of nearby residents and visitors. By allowing on-site sales and consumption of alcohol in a new outdoor dining area, this will serve to accommodate and support the continued success of the existing eating and drinking establishment. With conditions of approval, on-site sales and consumption of alcohol will be compatible with the land uses in the surrounding neighborhood. Conditions have been added to the permit which limits the use and manner in which alcohol may be sold and consumed, and limits the business hours of operation consistent with Resolution No. 2013-24. This will allow alcohol sale and consumption in a safe manner for customers and residents of the surrounding area. Thus, the sale of beer and wine for on-site consumption is consistent with goals, objectives, and policies of the General Plan. B. Economic Development Element Objective ED 2.4 Revitalize, renovate and expand the existing Huntington Beach commercial facilities while attracting new commercial uses. Allowing on-site sales and consumption of alcohol in a proposed outdoor dining area will foster the renovation and expansion of an existing restaurant in the downtown area. Therefore, the proposed use will allow the restaurant to remain competitive and support its continued viability. C. Noise Element Objective N 1.8 Minimize the generation of excessive noise level impacts from entertainment and restaurant/bar establishments into adjacent residential or “noise sensitive” land uses. Policy N 1.8.1 Require that entertainment and restaurant/bar uses take appropriate steps to control the activities of their patrons on-site, as well as within a reasonable and legally justified distance or proximity, to minimize potential noise-related impacts on adjacent residential neighborhoods. As conditioned, on-site sales and consumption of alcohol in the outdoor dining area is not anticipated to generate noise that will significantly impact surrounding uses. The nearest residences are located on approximately 60 feet away and southeast of the project site. To ensure residents are not disturbed in the evening by patrons dining outdoors, a condition has been added to the permit that limits the operating hours of the outdoor dining area to between 11:00 am and 9:00 pm, Monday through Thursday, and between 11:00 am and 10:00 pm, Friday through HB -254-Item 8. - 66 PC Staff Report – 3/14/2017 Attachment No. 1.4 Sunday. This condition was previously established through CUP No. 06-020 and will, therefore, remain in effect with the proposed Entitlement Plan Amendment. SUGGESTED CONDITIONS OF APPROVAL – ENTITLEMENT PLAN AMENDMENT NO. 16-007: 1. The site plan, floor plan, and building elevations received and dated January 24, 2017 shall be the conceptually approved design. 2. The proposed outdoor dining area shall only be established after the removal of the existing outdoor dining area and the expansion of the public sidewalk is complete. 3. The use shall comply with conditions of approval from Conditional Use Permit No. 06-020, Entitlement Plan Amendment 06-08, and the following: a. Hours of operation for interior restaurant space shall be limited to between 7:00 am and 12:00 am midnight (this condition shall replace Condition No. 3 from CUP No. 06-020). (Resolution No. 2013-24, Exhibit B) b. Hours of operation for outdoor dining shall be limited to between 11:00 am and 9:00 pm, Monday through Thursday, and between 11:00 am and 10:00 pm, Friday through Sunday. (CDD) c. A minimum of 70 percent of the net floor area of the establishment shall be designated as dining area excluding back of house areas (such as areas used for cooking, kitchen preparation, office, storage, and restrooms) and outdoor dining areas. (Resolution No. 2013-24, Exhibit B) d. The seating capacity at all times within the dining area, excluding outdoor dining areas, shall be able to accommodate a minimum of 100 people. (Resolution No. 2013-24, Exhibit B) e. Full food service menu items shall be served, a minimum, until one hour before closing, and a cook and food server shall be on duty during these times. (Resolution No. 2013-24, Exhibit B) f. Alcoholic drinks shall not be included in the price of admission to any establishment. (Resolution No. 2013-24, Exhibit B) g. There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. (Resolution No. 2013-24, Exhibit B) h. All alcohol shall remain within the establishment’s premises, including within the outdoor dining area. (Resolution No. 2013-24, Exhibit B) i. An employee of the establishment must be present at all times in areas within the establishment where alcohol is served. (Resolution No. 2013-24, Exhibit B) j. If dancing is allowed, the activity must be specifically identified as part of the Entertainment Permit and only in a pre-approved designated area. (Resolution No. 2013-24, Exhibit B) HB -255-Item 8. - 67 PC Staff Report – 3/14/2017 Attachment No. 1.5 k. Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. (Resolution No. 2013-24, Exhibit B) l. No outside promoters can be used under any circumstances. (Resolution No. 2013-24, Exhibit B) m. All exterior doors and windows shall be closed at all times during live entertainment. (Resolution No. 2013-24, Exhibit B) n. All amplified entertainment conducted by a performer shall be confined indoors at all times. (Resolution No. 2013-24, Exhibit B) o. Outdoor live entertainment shall not be permitted. (CD) p. No entertainment shall be audible beyond 50 feet of the business in any direction. (Resolution No. 2013-24, Exhibit B) q. All areas of the business that are accessible to patrons shall be illuminated to make easily discernible the appearance and conduct of all people in the business. (Resolution No. 2013-24, Exhibit B) r. No new customers shall be permitted after 30 minutes before closing. (Resolution No. 2013-24, Exhibit B) s. Last call for drinks shall be no later than 15 minutes before closing. (Resolution No. 2013-24, Exhibit B) t. Only single-sized drinks and no multiple drinks shall be served after midnight, if the business is permitted to operate after midnight. (Resolution No. 2013-24, Exhibit B) u. Signage, posters, and advertising with “Do Not Drink and Drive” shall be posted in the business. (Resolution No. 2013-24, Exhibit B) v. Mandatory Responsible Beverage Service training and certification shall be required for new employees within 90 days of being hired and for existing employees every 12 months. Training shall be provided by an ABC approved RBS trainer and records of the training must be maintained on-site for review. (Resolution No. 2013-24, Exhibit B) w. Establishments shall install and maintain a video surveillance system to monitor public area of premises and shall make the video available to the Police Department for any criminal or civil investigation. The business shall employ a video surveillance system and a one-month video library. The minimum requirements for the cameras will be: color, digital recording to DVR and able to record in low light. The business shall ensure all doors, eating areas, and parking areas are covered by video surveillance. Electronic copies of video must be made available to the Huntington Beach Police Department within 48 hours of request. Digital recordings shall be made HB -256-Item 8. - 68 PC Staff Report – 3/14/2017 Attachment No. 1.6 available for viewing on-scene upon request by police officers conducting investigations. (Resolution No. 2013-24, Exhibit B / PD) x. The establishment shall be limited to a Type 47 (On Sale Eating Place) ABC License. (PD) y. There shall be no entertainment allowed without a valid Entertainment Permit issued by the Huntington Beach Police Department. All provisions of the entertainment permit required by Section 5.44 of the Huntington Beach Municipal Code shall continue to apply. Entertainment is not allowed on the patio. (Resolution No. 2013-24, Exhibit B / PD) z. The patio’s east side entry/exit point to the sidewalk shall be designated as an emergency exit only. A sign shall be posted in a conspicuous space at the entrance/exit point of the patio, which shall state, “NO ALCOHOLIC BEVERAGES BEYOND THIS POINT.” (PD) aa. The front patio shall have a physical barrier 36 inches in height surrounding the outdoor dining area and designed in a manner that will prohibit passing of alcohol through the barrier. (PD) bb. Service of alcoholic beverages for consumption off-site shall not be permitted. (PD) cc. No reduced price or promotions of alcoholic beverages shall be allowed after 7:00 pm. (PD) dd. No loitering shall be permitted within the vicinity of any entrances and exits at any time. (PD) ee. Consumption of alcoholic beverages by on-duty employees; including servers, bartenders, kitchen staff, management and supervisory personnel is forbidden. (PD) ff. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. (PD) gg. There shall be no window coverings or advertisements that reduce the visibility inside of the business. This will assist officers in observing crimes in progress. (PD) hh. 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. (PD) 4. The development services departments and divisions (Police, Building and Safety, Fire, Planning, and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development and Police Chief may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the development services departments have reviewed and approved proposed changes for HB -257-Item 8. - 69 PC Staff Report – 3/14/2017 Attachment No. 1.7 conformance with the intent of the Planning Commission’s action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. 5. Entitlement Plan Amendment No. 16-007 shall become null and void unless exercised within two years of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 6. The Planning Commission reserves the right to revoke Entitlement Plan Amendment No. 16-007 pursuant to a public hearing for revocation, if any violation of the conditions of approval, Huntington Beach Zoning and Subdivision Ordinance, or Municipal Code occurs. 7. Incorporation of sustainable or “green” building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.org/DisplayPage.aspx?CategoryID=19) or Build It Green’s Green Building Guidelines and Rating Systems (https://www.builditgreen.org/greenpoint-rated). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney’s fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. HB -258-Item 8. - 70 HB -259-Item 8. - 71 HB -260-Item 8. - 72 HB -261-Item 8. - 73 HB -262-Item 8. - 74 HB -263-Item 8. - 75 HB -264-Item 8. - 76 HB -265-Item 8. - 77 HB -266-Item 8. - 78 HB -267-Item 8. - 79 4/4/2017 1 City Council Black Bull Outdoor Dining Area Black Bull Outdoor Dining Area Relocation 300 Pacific Coast Hwy., #112 Entitlement Plan Amendment No. 16-007 HB -268-Item 8. - 80 4/4/2017 2 Project Description Entitlement Plan Amendment 1. To amend an existing entitlement to allow alcohol in a new outdoor dining area. Project Description HB -269-Item 8. - 81 4/4/2017 3 Project Description Project Description Entitlement Plan Amendment 2. To amend Condition No. 1 from Resolution No. 2013-24, Exhibit B, to allow Black Bull to continue to operate until 1:30 am, in lieu of operating between 7:00 am and 12:00 am daily as required. Day Hours Sunday – Saturday 7:00 am – 1:30 am HB -270-Item 8. - 82 4/4/2017 4 Restaurant Background •In 2006, the Commission approved on-site sales and consumption of alcohol, live entertainment dancing billiard tables and entertainment, dancing, billiard tables, and outdoor dining area •In 2007, the Commission approved a 1,300 SF expansion of the restaurant •In 2008, the Commission scheduled a hearing g for revocation of the CUP •In 2009, rather than revoke the CUP the Commission adopted revised findings and conditions of approval Resolution Background •In 2013, the City Council adopted standard conditions of approval applicable to alcohol conditions of approval applicable to alcohol permits (Resolution 2013-24) •Applicable to amendments to CUP applications •Amendments to these conditions of approval pp must be approved by the City Council HB -271-Item 8. - 83 4/4/2017 5 Planning Commission •March 14, 2017 T idiid l k i f•Two individuals spoke in favor •PC Issues discussed: •Hours of operation •Calls for Police Department service Pt t t hit•Past restaurant history •Economic impacts upon downtown business •Benefits of the proposed project Analysis •Consistent with the General Plan Consistent with the other restaurants along •Consistent with the other restaurants along Walnut •The location of the outdoor dining area is more compatible with adjacent residential use •The outdoor dining area is reduced in size HB -272-Item 8. - 84 4/4/2017 6 Analysis Suggested conditions: •Limit indoor restaurant hours of operation: 7 AM 12 AM daily7 AM –12 AM, daily •Limit outdoor dining hours of operation: 11 AM – 9 PM, Mon through Thurs, and 11AM and 10 PM, Fri through Sun •Require availability of food service qy •Maintenance of an outdoor dining area barrier •Limit hours of reduced drink prices •Require video surveillance Recommendation 1. Approve EPA No. 16-007; 2. Require compliance with all standard conditions of approval from Resolution No. 2013-24, Exhibit B, including Condition No. 1 and require the restaurant to close at midnight; and 3. With suggested findings and conditions of approval HB -273-Item 8. - 85 4/4/2017 7 Alternative Motion 1. Approve EPA No. 16-007; 2. Require compliance with all standard conditions of approval from Resolution No. 2013-24, Exhibit B, except Condition No. 1 and allow the restaurant to continue to operate until 1:30 amp 3. With suggested findings and conditions of approval HB -274-Item 8. - 86 CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Honorable Mayor and City Council Members From: Lyn Semeta, City Council Member Erik Peterson, City Council Member Date: April 10, 2017 Subject: CITY COUNCIL MEMBER ITEM FOR THE APRIL 17, 2017, CITY COUNCIL MEETING – APPROVAL OF A CITY POSITION OF SUPPORT ON LEGISLATION RELATED TO PENSION REFORM STATEMENT OF ISSUE: California is heading toward a fiscal crisis. We’re facing the high cost of retiree medical healthcare, massive unfunded liabilities for public employee pension benefits, the recently passed ‘Secure Choice’ public retirement plan for private business (which is a candidate for abuse), and a $1.6 billion budget deficit. It is time for California to demonstrate fiscal integrity and reform California’s failing fiscal infrastructure. It is in the best interest of all Californians to encourage pensions that provide reasonable retirement benefits for our public workers. Public employees play a critical role in serving our residents and keeping us safe. These employees have a reasonable expectation that when they retire, funds will be available to pay their pensions. It is vitally important to provide a fair, workable plan to pay down the accumulated pension debt as quickly as possible to reduce future obligations so that cities can meet their future obligations to employees. Growing unfunded public employee pension obligations will have serious ramifications for future generations unless changes are made to California’s public employee retirement systems. California has more unfunded liabilities than any other state. Recent reforms were a great start to addressing California’s pension crisis; but substantial changes are still needed. Huntington Beach, like many municipalities, is facing huge increases in payments to CalPERS for our employee pensions due to the Fund vastly overestimating its assumed rate of return for several years. For the 2015-16 fiscal year, CalPERS planned for a 7.5% rate of return but only managed to achieve 0.6%. The shortfall has led to CalPERS requiring increased payments from cities. Huntington Beach estimates we will owe approximately 35.4 million in fiscal year 2016-17. The cost will rise and is anticipated to increase to approximately 65 million in 2022-23. The rising cost of pension liabilities will increasingly crowd out the availability of funds to pay for infrastructure, park repairs, and improvements and necessary services including public safety. Senator John Moorlach has introduced a fiscal reform legislative package to minimize California’s exposure to a growing financial disaster and address the CalPERS related problems. HB -275-Item 9. - 1 CCM Item for the April 17, 2017, City Council Meeting Page 2 April 10, 2017 RECOMMENDED ACTION: Approve a City Position of Support on the following legislation pending before the State Legislature: Senate Constitutional Amendment 1: No Secure Choice Bailout SCA 1 would prohibit California taxpayer funds from being used to fund the newly created California Secure Choice Retirement Savings Program or cover any potential unfunded liabilities. Senate Constitutional Amendment 8: California Rule SCA 8 gives the legislature and public pension systems the ability to adjust public employees’ retirement benefit formulas on a prospective basis without impacting any benefits earned. Senate Constitutional Amendment 10: Pension Transparency SCA 10 will prohibit public employers from increasing retirement benefits for their employees without two-thirds voter approval. Senate Bill 32: Public Employees’ Pension Reform Act of 2018 SB 32 establishes the California Public Employees' Pension Reform Act of 2018 (PEPRA II) which continues substantial reform to California’s broken public employee pension system began in 2012. Senate Bill 454: Retiree Medical Healthcare Reform SB 454 will make reforms to retired state employee medical healthcare including requiring the Annual OPEB Cost be 100% funded; eliminate the Other Post-Employment Benefits 50/50 cost- share-split between the state and its employees, and require 100% of the benefit be paid by the state; and require all state employees to use the 80/80 formula for basic health benefit plan premiums. Senate Bill 681: Local Pension Control SB 681 will give local jurisdictions the ability to leave their contracts with the California Public Employees' Retirement System (CalPERS) for their employees’ retirement plans without being excessively charged or penalized. xc: Fred Wilson, City Manager Ken Domer, Assistant City Manager Robin Estanislau, City Clerk Lori Ann Farrell Harrison, Chief Financial Officer Michele Warren, Director of Human Resources HB -276-Item 9. - 2 FACT SHEET Senate Constitutional Amendment 1 – No Secure Choice Bailout BILL SUMMARY Senate Constitutional Amendment 1 would prohibit California taxpayer funds from being used to fund the newly created California Secure Choice Retirement Savings Program (SB 1234, 2016), aside from initial startup costs for the program, as anticipated in the statute. This measure will neither prevent nor prohibit the Secure Choice program from being established or operating. This measure merely ensures that California taxpayers do not cover the costs and/or unfunded liabilities for a state-run retirement system for private-sector employees. Proponents of this program claimed that no state money would be used to fund Secure Choice. Because statute can be changed with a simple piece of legislation, this measure has been introduced as a constitutional amendment to ensure that promise is kept and no extra financial burden is passed along to California taxpayers. ISSUE BACKGROUND Senate Bill 1234 (De Leon, Chapter 804, statutes of 2016) created the Secure Choice Retirement Savings Program, a defined contribution, individual retirement account (IRA) that mandates private employees participate through payroll deduction into a retirement savings account managed by the state. The program requires employees to contribute up to 8% of their salary into their newly established personal retirement plan. SUPPORT · None on file OPPOSITION · None on file CONTACT Eric Dietz, Policy Consultant eric.dietz@sen.ca.gov, (916) 651-4037 HB -277-Item 9. - 3 FACT SHEET Senate Constitutional Amendment 8 –“California Rule” SUMMARY Senate Constitutional Amendment 8 gives the legislature and public pension systems the ability to adjust public employees’ retirement benefit formulas on a prospective basis.1 BACKGROUND The “California Rule” was created by judicial fiat when the California Supreme Court issued an opinion in 1955 on Allen v. City of Long Beach. The Court ruled that future pension benefits can be changed, but only if a comparable or better benefit is offered. This means public employees’ benefits become a vested right at the moment of hire. Essentially benefits can only ratchet up and never be decreased in the public sector. Since then, in order to provide a sustainable pension system, municipalities have attempted to change vested employee benefits but have been unsuccessful – until last year when the California 1st District Court of Appeal ruled in the Marin Association of Public Employees v. Marin County Employees' Retirement Association case (“Marin Decision”). In a truly forward-thinking decision, the Court found that public retirement benefits can be reduced. This decision was appealed by the Marin Association of Public Employees and ultimately granted review by the California Supreme Court. The high court has not yet scheduled a hearing date. THIS BILL California needs to clarify the state’s constitution and provide tools to strengthen its fiscal integrity. SCA 8 gives pension systems the ability to change benefits going forward. It does not eliminate pension benefits already earned by a public employee. The employee is entitled to every benefit accrued to the point of the change. Allowing 1 Marin Assn. of Public Employees v. Marin County Employees' Retirement Assn., 2 Cal. App. 5th 674 pension plans to reasonably reduce future benefits will help keep plans sustainable and keep local governments solvent. California's public pension systems currently have over $202 billion in unfunded liabilities.2 The California Public Employees' Retirement System (CalPERS), the nation’s largest public pension fund, has not reached its assumed rate of return for several years.3 For the 2015-16 fiscal year, CalPERS planned for a 7.5% rate of return, but only managed to achieve 0.6%.4 This shortfall equals nearly $28 billion in liability – equal to almost 20% of Governor Brown’s general fund budget. CalPERS has fallen nearly $50 billion short in the last two years on its investment returns; California has an unfunded liability of $77 billion for retiree medical healthcare, and the recently released state budget shows that we have a $1.6 billion deficit.5 6 Therefore, it is more important than ever for us to find a way to minimize the state’s massive pension obligations. SCA 8 gives us that ability. SUPPORT · None on file OPPOSITION · None on File CONTACT Eric Dietz, Policy Consultant eric.dietz@sen.ca.gov, (916) 651-4037 2 CalPERS 2015-16 CARF, CalSTRS 2016 CARF, UC Retirement Plan Actuarial Valuation Report 2014 3 CalPERS 2015-16 CARF 4 CalPERS 2015-16 CARF 5 http://www.ocregister.com/articles/announced-737337- office-billion.html 6 http://www.sco.ca.gov/Content- Images/ARD/AV_Report_June_30_2016.pdf HB -278-Item 9. - 4 FACT SHEET Senate Constitutional Amendment 10 – Public Pension Transparency BILL SUMMARY Senate Constitutional Amendment (SCA) 10 will prohibit public employers from increasing retirement benefits for their employees without two-thirds voter approval. ISSUE BACKGROUND Growing unfunded public pension obligations will have serious ramifications for future generations unless changes are made to California’s public employee retirement systems. California has more unfunded liabilities than any other state.1 Recent reforms were a great start to addressing California’s pension crisis; but substantial changes are still needed. Additionally, taxpayers who bear a significant cost of public employee pensions should have a voice if those costs are increased. It is certainly in the interest of all Californians to encourage pensions that provide reasonable retirement benefits for our public workers. It is also very important to provide a fair, workable plan to pay down the accumulated pension debt as quickly as possible – and to reduce future obligations. By requiring two-thirds voter approval for increased retirement benefits the legislature would be taking a very important step toward fiscal responsibility. THIS BILL Unions negotiate with elected officials for increased retirement benefits and pay raises. This bill requires 1 https://www.alec.org/app/uploads/2016/10/2016-10-13- Unaccountable-and-Unaffordable.pdf (page 8) that any increase to pension benefits must also be passed with a two-thirds voter approval from the electorate of the applicable jurisdiction. This constitutional amendment does not prohibit public employees from receiving additional retirement benefits. SCA 10 simply requires approval from the very taxpayers who are going to be responsible for paying the generous public employee retirement benefits such as increased retirement formula, cost-of-living adjustments, and reduced retirement age. RELATED LEGISLATION · Measure J, Orange County. Passed in 2008 with over 75% voter approval. · Measure B, San Jose. Passed in 2012 with nearly 70% voter approval. · Proposition B, San Diego. Passed in 2012 with over 65% voter approval. · California Public Employees' Pension Reform Act of 2013. · California Public Vote on Pensions Initiative (2016). Proposed constitutional amendment, failed to make 11/8/2016 ballot. SUPPORT · None on file CO-AUTHORS · None on file CONTACT Eric Dietz, Policy Consultant eric.dietz@sen.ca.gov, (916) 651-4037 HB -279-Item 9. - 5 FACT SHEET Senate Bill 32 – CA Public Employees' Pension Reform Act of 2018 SB 32 Factsheet Page 1 BILL SUMMARY Senate Bill 32 establishes the California Public Employees' Pension Reform Act of 2018 (PEPRA II) which continues substantial reform to California’s broken public employee pension system began in 2012. It addresses the following: · Establishes a Citizens' Pension Oversight Committee to review pensions year by year, and report to the public on actual pension costs and obligations; · Bases final compensation for all public employees on an average of five of highest years’ salary; · Prohibits or “freezes” the ability for cost-of-living- adjustments until CalPERS and CalSTRS are 100% funded; · Requires pension boards to create a defined benefit/defined contribution hybrid pension plan for new employees who opt-into the system; · Requires that any employee who separates from the state pension system for a different job and returns after more than one year be re-classified in that pension system as a “new employee;” · Requires CalPERS to limit special compensation categories by significantly narrowing its list of special compensation; · Defines pensionable pay as “the normal monthly rate of pay or base pay” for all public employees; · Requires pension boards to narrow the “safety employees” classification to include only employees who regularly perform their duties at great risk and who are in harm’s way; · Requires CalSTRS and CalPERS to build/increase funding levels by 10% each year until the systems are 100% funded; · Require CalPERS to reduce its unfunded liabilities to 1980 levels; to be achieved by 2030. ISSUE BACKGROUND State pensions are funded by regular deductions from public employees’ paychecks and contributions made by the employer, the state along with anticipated returns on investments as determined by actuarial analysis. CalPERS invests the money to cover future benefits balancing contributions and benefit payouts. The employee contribution, typically determined through collective bargaining, remains fairly constant. The employer contribution fluctuates based on CalPERS investment returns.1 In the past, like any investments system, CalPERS experiences normal ups and downs in the market. It plans for the good years, and the bad. However, in the late 1990’s, during the “dotcom era” CalPERS was briefly overfunded which meant its assets were greater than its liabilities. The legislature decided to take advantage of that surplus and pass substantive benefit increases to public employee’s pension plans in Senate Bill 400. Believing the increases would never impose new costs onto the taxpayer; SB 400 easily cleared the legislature and was signed into law by Governor Gray Davis. Within a few years of passing SB 400, the economy took a turn for the worse and the market collapsed. Due to miscalculations in assumed rate of returns by CalPERS, the gap in pension funding continued to grow and the return on investment that CalPERS assumed did not materialize. Additionally, because of the retroactive 1 http://www.latimes.com/projects/la-me-pension-crisis- davis-deal/ HB -280-Item 9. - 6 SB 32 Factsheet Page 2 nature of the pension benefits, the overfunded system quickly became an expensive unfunded liability which continues to costs California taxpayers billions of dollars. The California Public Employees’ Pension Reform Act (PEPRA) was approved in 2012 and took effect January 1, 2013.2 In 2012, the legislature's intention was principled. Unfortunately, the state of California is only making the minimum required annual contributions into its retirement plans and CalPERS alone has fallen behind nearly $50 billion in the last two years on its investment returns. The original PEPRA law had several weaknesses. Unfortunately the reform legislation has had a negligible impact to truly reduce – or even constrain - public pension costs and limit further unfunded liabilities. SB 32 seeks to continue fixing the problem, consistent with Governor Brown’s original plan. Separately, the state pays for lifetime health insurance for retirees who worked at least 20 years.3 California has an unfunded actuarial liability of nearly $80 billion for retiree medical. Promises to pay for the medical costs of retired state employees will come due. California needs to make a better effort to make sure our promises to our workers. 2 https://www.calpers.ca.gov/page/employers/policies-and- procedures/pension-reform-impacts 3 http://www.latimes.com/projects/la-me-pension-crisis- davis-deal/ SUPPORT · None on file OPPOSITION · None on File CONTACT Eric Dietz, Policy Consultant eric.dietz@sen.ca.gov, (916) 651-4037 HB -281-Item 9. - 7 FACT SHEET Senate Bill 454 – Retiree Medical Healthcare Costs GOAL SB 454 has three goals: · Require the Annual OPEB Cost (AOC) be 100% funded. · Eliminate the Other Post-Employment Benefits (OPEB) 50/50 cost-share-split between the state and its employees by requiring 100% of the benefit be paid by the state. · Require all state employees to use an 80/80 formula for basic health benefit plan premiums. BACKGROUND As life expectancy continues to rise, health costs continue to increase with the number of retired public employees growing. Unless we demonstrate fiscal integrity these healthcare costs will hemorrhage and cripple our state finances. State Controller Betty Yee recently said, “One of the greatest fiscal challenges facing California is the mounting cost of providing health care benefits to public sector workers.”1 In addition to the high cost of retiree medical healthcare, the state also has massive unfunded liabilities for public employee pension benefits, and is now facing a $1.6 billion deficit.2 It is time for California to demonstrate better control over its knowable future costs. 1 Statement emailed from SCO communications, 1/25/17, titled: “State Controller Yee Updates State Retiree Health Care Liability” 2 http://www.ebudget.ca.gov/ SUMMARY OF OBEBs Public employees typically receive two types of retirement benefits: pension and non-pension. The pension benefit is income based on a formula decided on when the employee was first hired. Non-pension benefits, also known as OPEBs, are typically related to healthcare benefits which often include dental and vision benefits. The costs of these OPEBs are extremely high. A recent actuarial valuation report determined the cost for retiree health benefits to be $76.68 billion.3 This is $2.49 billion higher than the previous fiscal year and is not funded. OPEBs are currently funded through a 50/50 premium contribution split between the state (employer) and the participant (employee). The intentions for the cost sharing split were good seeking to get employees responsible for these costs. Over time, it developed into a broken system because the split is not even. The state pays its 50%, and technically, so does the employee. Because of union negotiations, state employees often receive pay raises to cover the cost of their share of OPEBs. Being compensated for their share of the OPEB not only completely negates the point of the cost sharing program, but ends up costing the state more money. Currently, the state uses a pay-as-you-go system rather than prefunding the OPEBs. Prefunding is the preferred method because it could save California billions of dollars over the lifetime of the fund due to the discounted rate. The pay-as-you-go system cost the state $5.77 billion last year; the prefund method would have only cost $4.11 billion. Those savings could have 3 http://www.sco.ca.gov/Content- Images/ARD/AV_Report_June_30_2016.pdf HB -282-Item 9. - 8 almost filled the $1.6 billion deficit that the Governor’s recently released budget included. 4 Because OPEBs are so expensive, Memorandums of Understanding (MOU) are currently being negotiated toward an 80/80 medical cost split. Currently, the state uses a 100/90 model.5 This means certain bargaining units are now receiving 80 percent of the weighted average of the basic health benefit plan premiums for the employee and their annuitants. Previously 100 percent of the health benefit was covered for the employee, and 90 percent covered for their annuitant. The state has recognized the importance of decreasing the generous benefits for members of bargaining units; SB 454 extends that change to all state employees. THIS BILL SB 454 will require the state to pay off 100% of the employer’s required contribution for OPEBs, known as the Annual OPEB Costs (AOC) and require the State Controller to release a fiscal report to the legislature at the same time the Governor’s budget is due. This report will allow the legislative fiscal committees to calculate appropriate payments so the AOC can be funded. This bill also eliminates the 50/50 premium contribution split between the state (employer) and the participant (employee) for OPEBs; it instead requires 100% of the premium to be covered by the state. This prefunding requires more upfront costs, but it will result in drastic savings in future unfunded liabilities. Currently the 80/80 formula is applied to certain state employees who are part of specific MOUs; this bill will require that formula be applied to all new state workers eligible for retirement healthcare benefits that are hired after January 1, 2018. SUPPORT · None on file OPPOSITION · None on File 4 http://www.ebudget.ca.gov/ Continued on next page 5 https://www.calhr.ca.gov/state-hr-professionals/ CONTACT Eric Dietz, Policy Consultant eric.dietz@sen.ca.gov, (916) 651-4037 HB -283-Item 9. - 9 FACT SHEET Senate Bill 681 – Local Pension Control SUMMARY SB 681 will give local jurisdictions the ability to leave their contracts with the California Public Employees' Retirement System (CalPERS) for their employees’ retirement plans without being excessively charged or penalized. BACKGROUND CalPERS, the nation’s largest public pension fund, admittedly have not reached its assumed rate of return for several years.1 For the 2015-16 fiscal year, CalPERS planned for a 7.5% rate of return, but only managed to achieve 0.6%.2 THIS BILL This bill will allow jurisdictions that contract with the California Public Employees Retirement System (CalPERS) for their employees’ retirement plans to leave their defined benefit plan without excessive costs, penalties, etc. If contract jurisdictions believe they can contract or run their own retirement system cheaper or more effectively, they should have the ability to leave CalPERS without being excessively penalized. It is fair to get out what you paid in with minor fees associated. But being unreasonably punished should not be encouraged. 1 CalPERS 2015-16 CARF 2 CalPERS 2015-16 CARF SUPPORT · None on file OPPOSITION · None on File CONTACT Eric Dietz, Policy Consultant eric.dietz@sen.ca.gov, (916) 651-4037 HB -284-Item 9. - 10 CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Honorable Mayor and City Council Members From: Billy O’Connell, City Council Member Date: April 10, 2017 Subject: CITY COUNCIL MEMBER ITEM FOR THE APRIL 17, 2017, CITY COUNCIL MEETING – REQUEST FOR STUDY SESSION REGARDING CALPERS UNFUNDED LIABILITIES AND INCREASED COST PROJECTIONS STATEMENT OF ISSUE: The City is contracted to the California Public Employees' Retirement System (CalPERS) for our employees' pensions. As we well know, CalPERS recently lowered their assumed rate of return from 7.5% to 7% and this action, in addition to other actions by CalPERS, will greatly increase our pension expenditures on a year-over-year basis by well over $5 million for a total increase of $29 million over the next six years. The increased expenditure on pension obligations jeopardizes our responsibility of providing services to our residents and further erodes our ability to be efficient and effective with our current tax revenues. CalPERS, and specifically its Board of Directors, have a fiduciary responsibility mandated by the California Constitution, under Article XVI, Section 17, to include "plenary authority and fiduciary responsibility for investment of moneys and administration of the system." Section 17 (b) of the California Constitution states in part, "The members of the retirement board of a public pension or retirement system shall discharge their duties with respect to the system solely in the interest of, and for the exclusive purposes of providing benefits to, participants and their beneficiaries, minimizing employer contributions thereto, and defraying reasonable expenses of administering the system. A retirement board's duty to its participants and their beneficiaries shall take precedence over any other duty." CalPERS has failed in their fiduciary responsibility and this failure poses great risk to cities, our hardworking employees, and the taxpayers who will ultimately foot the bill for CalPERS' failures. RECOMMENDED ACTION: Request a CalPERS representative attend a Study Session to discuss current and future CalPERS obligations and the steps CalPERS is taking to enact legislative changes to address these ongoing fiscal concerns. xc: Fred Wilson, City Manager Ken Domer, Assistant City Manager Lori Ann Farrell, Chief Financial Officer Robin Estanislau, City Clerk Michael Gates, City Attorney HB -285-Item 10. - 1