REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, City Manager
VIA: Jennifer Villasenor, Director of Community Development
PREPARED BY: Marco Cuevas Jr., Associate Planner
Subject:
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Appeal of the Planning Commission's approval of Conditional Use Permit Nos. 25-007 and 25-014 (Huntington Beach Sports Complex)
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Statement of Issue:
Transmitted for City Council's consideration are Conditional Use Permit (CUP) Nos. 25-007 and 25-014, a request to allow the sales, service, and consumption of beer and wine (ABC Type 41 License) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at two locations at the Huntington Beach Sports Complex.
Financial Impact:
Not Applicable
Planning Commission Action:
recommendation
A) Find Conditional Use Permit Nos. 25-007 and 25-014 categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15301, Class 1.
B) Approve Conditional Use Permit No. 25-007 with suggested findings and conditions of approval (Attachment No. 1).
C) Approve Conditional Use Permit No. 25-014 with suggested findings and conditions of approval (Attachment No. 2).
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Alternative Action(s):
A) Do not make the suggested findings, which will result in a mandatory denial per Section 241.10(C) of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO).
B) Continue Conditional Use Permit Nos. 25-007 and 25-014, and direct staff accordingly.
Analysis:
A. PROJECT PROPOSAL:
Applicant: Matt Olmstead, HBSC Partners, 18100 Goldenwest Street, Huntington Beach, CA 92648
Conditional Use Permit Nos. 25-007 and 25-014 - to allow the sales, service, and consumption of beer and wine (ABC Type 41 License) within a proposed approximately 5,200 sq. ft. outdoor dining area for an eating and drinking establishment with full table service at two locations at the Huntington Beach Sports Complex.
B. PLANNING COMMISSION MEETING AND RECOMMENDATION:
On August 5, 2025, the Planning Commission held a public hearing regarding the Conditional Use Permits. The applicant was present to answer questions. There were 14 speakers in opposition to the request due to concerns with the location, proximity to youth, and public safety. The following information in response to Planning Commission questions at the hearing is being provided:
* The building code does not require the use of a non-climbable outdoor dining barrier design for the project due to proximity to a playground.
* There is one restaurant in Central Park (Kathy May's) that currently serves alcohol.
* The California Department of Alcoholic Beverage Control has not yet approved the license for the projects. The City must first complete the CUP process.
* The proposed alcohol service at 18260 Goldenwest Street and 7300 Talbert Avenue will be located approximately 80 feet and 8 feet respectively from the adjacent playground. (Updated since the Planning Commission hearing.)
The Planning Commission approved the projects with the following revised conditions:
* The outdoor dining barrier shall consist of a solid material in lieu of cables
* Add delineators to provide a clear path to the designated customer walk up window
* All alcoholic beverages shall be ordered and consumed from the dining/bar top table only and delivered to guests by service staff
* Security staff shall be provided during alcohol service
* Alcohol service shall be limited to between the hours of noon to closing (no later than 10:00 PM)
Planning Commission Action on August 5, 2025:
A motion was made by Thienes, seconded by Goldberg, to approve CUP No. 25-007 with revised conditions carried by the following vote:
AYES: Thienes, Goldberg, Palmer, Babineau
NOES: Pellman, McGee, Bush
ABSTAIN: None
MOTION PASSED
A motion was made by Goldberg, seconded by Thienes, to approve CUP No. 25-014 with revised conditions carried by the following vote:
AYES: Thienes, Goldberg, Palmer, Babineau
NOES: Pellman, McGee, Bush
ABSTAIN: None
MOTION PASSED
C. APPEAL
On August 7, 2025, the project was appealed by City Council Member Chad Williams citing concerns raised by the public during the August 5th Planning Commission meeting.
D. STAFF ANALYSIS:
The August 5, 2025, Planning Commission staff reports provide a more detailed description and analysis of the proposed CUPs (Attachment No. 10). Concerns related to public safety, and beer and wine service in close proximity to youth sports and playgrounds were discussed during the hearings. To address concerns, the Planning Commission modified conditions of the CUPs to include solid outdoor dining barriers, added security, limiting hours of operation for beer and wine service, and restricting service and consumption of beer and wine to dining/bar top tables. While most patrons to the establishments are anticipated to order food and non-alcoholic beverages, the beer and wine beverages are considered ancillary to the main menu. The provisions added by the Planning Commission would further control the beer and wine service and consumption within the confined dining areas.
The Police Department has also reviewed the request, and their requirements have been incorporated into the conditions of approval. Furthermore, the operators would still need to obtain Type 41 licenses from the Department of Alcoholic Beverage Control prior to any service of beer and wine. Lastly, staff received letters in support and opposition to the CUPs (Attachment No. 13).
In summary, the Planning Commission recommends approval of CUP Nos. 25-007 and 25-014 based on the findings provided in Attachment Nos. 1 and 2.
Environmental Status:
CUP Nos. 25-007 and 25-014 are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines because the projects will allow for beer and wine service within an approximately 5,200 sq. ft. outdoor dining area with full table service in conjunction with an existing eating and drinking establishment with no expansion to the existing buildings.
Strategic Plan Goal:
Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the City's priority initiatives and projects.
Attachment(s):
1. Suggested Findings and Conditions of Approval - CUP No. 25-007
2. Suggested Findings and Conditions of Approval - CUP No. 25-014
3. Plans received and dated July 16, 2025
4. Project Narrative
5. Vicinity Maps
6. PC Notices of Action
7. Draft PC Meeting Minutes
8. Appeal received and dated August 7, 2025
9. Code Requirements
10. August 5, 2025, Planning Commission Staff Reports
11. ZA Meeting Minutes
12. PowerPoint Presentation
13. Letters in support and opposition