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HomeMy WebLinkAboutGeneral Plan Amendment LCPA2003002 - Notice of action Letter w Findings & Conditions of Approval1 .1 Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 NOTICE OF ACTION February 16, 2005 Shawn Millbern The Robert Mayer Corporation 660 Newport Center Drive, Suite 1050 Newport Beach, CA 92660. SUBJECT: GENERAL PLAN AMENDMENT NO. 03-03, LOCAL COASTAL PROGRAM AMENDMENT NO. 03-02, AND ZONING TEXT AMENDMENT NO. 03-03 (DOWNTOWN SPECIFIC PLAN- TIMESHARES) APPLICANT: Shawn Millbern, The Robert Mayer Corporation PROPERTY OWNER(S): Various REQUEST: To amend the Huntington Beach General Plan Land Use Element, Huntington Beach Coastal Element (Local Coastal Program), and Downtown Specific Plan (DTSP) to permit "timeshares" as an allowed use subject to a conditional use permit from the Planning Commission within District 7 (Visitor-Serving Commercial) and District 9 (Commercial Recreation) of the Downtown Specific Plan LOCATION: Downtown Specific Plan, District Nos. 7 and 9 (north side of Pacific Coast Highway between First Street and Beach Blvd.) DATE OF ACTION: February 8, 2005 On Tuesday, February 8, 2005, the City of Huntington Beach Planning Commission took action on your application and your request was a roved with findin s and will be forwarded to the City Council for final consideration. Attached to this letter are findings for approval for Zoning Text Amendment No. 03-03, and findings for approval for Local Coastal Program Amendment No. 03-02, as well as the legislative drafts of the approved changes. (05NOA0208) GPA 03-03 LCPA 03-02 ZTA 03-0 February 16, 2005 Page 2 s If you have any questions, please contact Rosemary Medel, Associate Planner at (714) 374-1684, or the Planning Department Zoning Counter at (714) 536-5271. Sincerely, Howard Zelefsky, Secretary Planning Commission By: Herb Fauland, Princip Planner Attachment MBB:RM:rl (05NOA0208) FINDINGS FOR APPROVAL ZONING TEXT AMENDMENT NO. 03-03 FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 03-03: 1. Zoning Text Amendment No. 03-03 to amend the Downtown Specific Plan, specifically Districts 7 and 9, to include timeshares as a permitted use and add a definition of timeshares is consistent with the objectives, policies, general land uses and programs specified in the General Plan because the achievement of diverse land uses will sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. 2. In the case of a general land use provision, the zoning text amendment is compatible with the uses authorized in, and the standards prescribed for the zoning district for which it is proposed. Districts 7 and 9 currently allow for hotels, and timeshares are permitted in the Commercial Visitor and Commercial General districts elsewhere in the City. Timeshares are a visitor-serving use that is compatible within hotels and visitor serving areas. 3. A community need is demonstrated for the change proposed. The allowance of timeshares in the Downtown Specific Plan will strengthen and diversify the economic base of the City's primary tourist node. Further, an adequate and substantial availability of overnight transient accommodations has been shown to exist within the City providing adequate access to the coastal area. Also, an increase in such accommodations is reasonably expected to occur in the future that will accommodate growth in the number of visitors to the City's coastal zone. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. Timeshares are very similar in use to hotels, which are already a permitted use. The allowance of timeshares will not result in any negative impacts to the community or adjacent uses. (05NOA0208) Attachment 1 I FINDINGS FOR APPROVAL LOCAL COASTAL PROGRAM AMENDMENT NO. 03-02 FINDINGS FOR APPROVAL - LOCAL COASTAL PROGRAM NO. 03-02: 1. Local Coastal Program Amendment No. 03-02 amends the City's certified Local Coastal Program to allow timeshares in the Commercial Visitor Land Use Category and within Subareas 4C and 4D, change the reference to overnight accommodations in the Commercial General Land Use Category to reflect hotels, motels and timeshares and in accord with Zoning Text Amendment No. 03-03 to allow timeshares within Districts 7 and 9 of the Downtown Specific Plan. The change is consistent with the Local Coastal Program because timeshares are similar to the hotel use that is already permitted within these areas. 2. Local Coastal Program Amendment No. 03-02 is in accordance with the policies, standards and provisions of the California Coastal Act by enhancing the variety of visitor serving uses and increasing the tourism potential from a larger market base. 3. The amendments conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act because timeshares are a visitor serving use subject to the amenity standards of hotels and required to maintain public access to coastal recreation uses. (05NOA0208) Attachment 2 CO UNITY DEVELOPMENT CHAPTER LAND USE ELEMENT GPA 03-03 LEGISLATIVE DRAFT (FEBRUARY 8, 2005) TABLE LU-2a Land Use Schedule6 Land Use Cate o T ical Permitted Uses RESIDENTIAL Residential Low (RL) Single family residential units; clustered zero-lot line developments; and "granny" Residential Medium (RM) Residential Medium High (RMH) Residential High (RH) COMMERCIAL Commercial Neighborhood (CN) Commercial General (CG) Commercial Regional (CR) Commercial Office (CO) Commercial Visitor (CV) INDUSTRIAL Industrial (I) flats. Single family residential units, duplexes, townhomes, and garden apartments. Townhomes, garden apartments, apartment "flats." Townhomes, arden a artments, and a artments. Small-scale retail commercial, professional offices, eating and drinking establishments, household goods, food sales, drug stores, personal services, cultural facilities, institutional, health, government offices, and similar uses. Generally, individual establishments should not exceed 10,000 square feet. If permitted. their fronta e should be desi ed to conve the visual character of small storefronts. Retail commercial, professional offices, eating and drinking establishments, household goods, food sales, drugstores, building materials and supplies, personal services, recreational commercial, hotels /motels timeshares overt cultural facilities, government offices, educational, health, institutional and similar uses. Anchor department stores, outlet stores, promotional ("big box") retail, retail commercial, restaurants, entertainment, professional offices, financial institutions, automobile sales facilities, and similar region-serving uses. Professional offices and ancillary commercial services (financial institutions, hotoco sho s, small restaurants, and similar uses). Hotels/motels, timeshares , restaurants, recreation-related retail sales, cultural uses (e. ., museums) and similar uses oriented to coastal and other visitors to the Ci • Light manufacturing, research and development, warehousing, business parks and professional offices, supporting retail, financial, and restaurants, and similar uses. • Warehouse and sales outlets. PUBLIC AND INSTITUTIONAL Public Governmental administrative and related facilities , such as public utilities , schools, (P) ublic arkin lots, infrastructure, reli ious and similar uses. 6 See LU 7.1.1 and LU 7 1.2 THE CITY OF HUNTINGTON BEACH GENERAL PLAN II-LU-25 COMMUNITY DEVELOPMENT CHAP• LAND USE ELEMENT GPA 03-03-LEGISLATIVE DRAFT (FEBRUARY 8, 2005) TABLE LU-4 Cont. Communit District and Subarea Schedule Subarea Characteristic Standards and Princi les 4C Permitted Uses Category: Commercial Visitor ("CV") PCH/First Visitor-serving and community-serving commercial uses, hotel /motels (Lake) Street timeshares , restaurants, entertainment, and other uses (as permitted by the "CV" and "CG" land use categories) Density /Intensi ty Category: "-F7" • Height: eight (8) stories 4D Waterfront Design and Category: Specific Plan ("-sp") Development • Establish a unified "village" character, using consistent architecture and highly articulated facades and building masses. • Require vertical setbacks of structures above the second floor. • Incorporate pedestrian walkways, plazas, and other common open spaces for public activity. • Provide pedestrian linkages with surrounding residential and commercial areas. • Establish a well-defined entry from PCH. • Maintain views of the shoreline and ocean. Permitted Uses Category: Commercial Visitor ("CV") Hotels/motels, timeshares , and supporting visitor-serving commercial uses (in accordance with Development Agreement) Density /Intensity Category: "-F7" • Hotel/motel rooms: 1,690 • Commercial: 75,000 square feet Design and Category: Specific Plan ("-sp") Development As defined by the adopted Development Agreement. 4E Permitted Uses Category: Open Space Conservation ("OS-C"), uses permitted by the PCH/Beach Commercial Visitor ("CV") land use category, and free-standing multi-family Northeast housing ("RM"). (Please refer to the Land Use Map for the exact boundaries of each land use desi nation. (Continued on Density /Intensity Category: next page) • For RM designations, 15 units per acre • For CV designations, F2 • Height: three (3) stories THE CITY OF HUNTINGTON BEACH GENERAL PLAN II-LU-54 • NATURW SOURCES CHAPTER COASTAL ELEMENT LCPA 03-02- Legislative Draft (February 8, 2005) C 3.2.2 Privately-owned recreation facilities on public land shall be open to the public. Encourage privately-owned recreation facilities on private land to be open to the public. (I-C 7) 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. (I-C 1, I-C 2, I-C 3, I- C 4) C 3.2.6 Encourage additional ove rnight recreational vehicle camping facilities , adequately screened , in the recreation areas on both sides of Newland Street near Pacific Coast Highway and on the State beach parking lots during the winter months . (I-C 22j) C 3.2.7 Investigate the feasibility of providing year round camping below the bluffs , northwest of the Municipal Pier, between Ninth Street and Goldenwest Street. (I-C 22j) C 3.2.4 Timeshares may be permitted in Commercial General District (CG), a*d Mixed Use Districts (M, MH, and MV), and Commercial Visitor District C as art of a master Ian rp oject , provided that any such project be conditioned as follows: (I-C 1, I-C 2, I-C 3, I-C 7) a) That at least twenty-five percent of the units be permanently reserved for transient overnight accommodations during the summer season (beginning the day before the Memorial Day weekend and ending the day after Labor Day). b) That the timeshare facility operate as a hotel including requirements for a centralized reservations system, check-in services, advertising, security, and daily housecleaning. C 3.2.5 Establish an ongoing program to permit recreational vehicle camping during the winter months at City beach parking lots. (I-C 22j) C 3.2.8 Promote the implementation of and funding for the proposed Orange Coast River Park concept. The Orange Coast River Park is envisioned as a linkage of public parks (Talbe rt and Fairview Regional Parks) and private open space lands along and near the mouth of the Santa Ana River, including possible linkages with open space lands located on the inland side of Pacific Coast Highway , between the Santa Ana River and Beach Boulevard in Huntington Beach. (I-C 1, I-C 2, I-C 17) C 3.2.9 Promote and support the implementation of the proposed Wintersburg Channel Class I Bikeway . (I-C 1, I-C 2) C 3.2.10 Promote and support the development of, the City and County portions of the Harriett M. Wieder Regional Park. Include a continuous trail system from Huntington Central Park to the beach, along the eastern border of the Bolsa Chica wetl ands, if feasible . (I-C 1, I-C 2, I-C 17) THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-109 • NATURO ESOURCES CHAPTER COASTAL ELEMENT LCPA 03-02-LEGISLATIVE DRAFT (FEBRUARY 8, 2005) COMMUNITY DISTRICT AND SUBAREA SCHEDULE TABLE C-2 continued Subarea Characteristic Standards and Princi les 4D Permi tted Uses Category: Commercial Visitor ("CV") Waterfront Hotels/motels, timeshares and supporting visitor-serving commercial uses (in accordance with Development Agreement) Density /Intensity Category: "-F7" • Hotel/motel rooms: 1,690 • Commercial: 75,000 square feet Design and Development 4E PCH/Beach Northeast Permitted Uses Density/Intensity Design and Development Category: Specific Plan ("-sp") As defined by the adopted Development Agreement. Category: Open Space Conservation ("OS-C"), uses permitted by the Commercial Visitor ("CV") land use category, and free-standing multi-family housing ("RM"). (Please refer to the Land Use Map for the exact boundaries of each land use desi nation. Category: • For RM designations, 15 units per acre • For CV designations, F2 • Height: three (3) stories Category: • Establish a major streetscape element to identify the Beach Boulevard-PCH intersection. • Site, design, and limit the scale and mass of development, as necessary, to protect wetlands. • Maintain visual compatibility with the downtown. • Incorporate onsite recreational amenities for residents. • Minimize access to and from PCH, providing an internal roadway system. • Incorporate extensive landscape and streetscape. 4F Permitted Uses Category: Conservation ("OS-C") Wetlands • Wetlands conservation. 4G Permitted Uses Edison Plant Design and Develo ment Category: Public ("P") and Conse rvation ("OS-C") • Wetlands conse rvation. • Utility uses. In accordance with Policy LU 13.1.8. 4H Permitted Uses Category: Conservation ("OS-C") Brookhurst - Wetlands conservation. Ma nolia THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-38 • NATUROE SOURCES CHAPTER COASTAL ELEMENT LCPA 03-02-LEGISLATIVE DRAFT (FEBRUARY 8, 2005) COMMUNITY DISTRICT AND SUBAREA SCHEDULE TABLE C-2 continued Subarea Characteristic Standards and Princi les 4B Design and Category: Specific Plan ("-sp") Existing Oil Development • Requires the preparation of and development in conformance with a Property Conceptual Master Plan of Development and Specific Plan. (Cont.) • The preparation of a Specific Plan may be phased in conformance with the conceptual Master Plan. • Establish a cohesive, integrated residential development in accordance with the policies and principles stipulated for "New Residential Subdivisions" (Policies LU 9.3.1 and LU 9.3.4). • Allow for the clustering of mixed density residential units and integrated commercial sites. • Require variation in building heights from two (2) to four (4) stories to promote visual interest and ensure compatibility with surrounding land uses. • Commercial development shall be prohibited along the Palm Avenue frontage. • Residential development along Palm Avenue shall be compatible in size , scale, height, type, and massing with existing development on the north side of Palm Avenue. • Visitor Serving Commercial development shall be oriented along the Pacific Coast Highway frontage. • Minimize vehicular access points onto arterial streets and highways including Palm Avenue, Golden West Street, Pacific Coast Highway, and Seapoint Street. • Open space and neighborhood parks, which may be private, shall be provided on site. 4C Permitted Uses Category: Commercial Visitor ("CV") PCH/First Visitor-se rving and communi ty-serving commercial uses, restaurants, (Lake ) Street entertainment, hotels /motels timeshares and other uses (as permitted by the "CV " and "CG" land use catego ries) Densi ty/Intensity Category: "-F7" • Height: eight (8) stories Design and Category: Specific Plan ("-sp") Development • Establish a unified "village" character, using consistent architecture and highly articulated facades and building masses. • Require vertical setbacks of structures above the second floor. • Incorporate pedestrian walkways, plazas, and other common open spaces for public activity. • Provide pedestrian linkages with surrounding residential and commercial areas. • Establish a well-defined entry from PCH. • Maintain views of the shoreline and ocean. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-37 0S •NATUR.A&SOURCES CHAPTER COASTAL ELEMENT LCPA 03-02 LEGISLATIVE DRAFT (FEBRUARY 8, 2005) COASTAL ELEMENT LAND USE PLAN LAND USE, DENSITY AND OVERLAY SCHEDULE TABLE C-1 Continued ,i,LAND:USE ,u-TYPICAL PERMIT £ED'USES COMMERCIAL Commercial Small-scale retail commercial, professional offices, eating and drinking Neighborhood (CN) establishments, household goods, food sales, drug stores, personal services, cultural facilities, institutional, health, government offices and similar uses. Generally, individual establishments should not exceed 10,000 square feet. If feasible, their frontage should be designed to convey the visual character of small storefronts. The Commercial Neighborhood (CN) designation shall utilize the standards of the General Commercial District (CG) of the Zoning Code for im lementation. Commercial Retail commercial, professional offices, eating and drinking General (CG) establishments, household goods, food sales , drugstores, building materials Commercial Visitor (CV) and supplies, personal services, recreational commercial, hotels /motels timeshares , cultural facilities, government offices, educational, health, institutional and similar uses. Hotels/motels, timeshares restaurants, recreation-related retail sales, cultural uses (e.g., museums) and similar uses oriented to coastal and other visitors to the City. Marine related development such as marinas, retail marine sales, boat rentals, and boat storage which are coastal dependent developments shall have priority over any other type of development (consistent with resource rotection) on or near the shoreline. INDUSTRIAL Industrial (I) Light manufacturing, energy production, resource production, research and development , warehousing , business parks and professional offices, supporting retail, financial , restaurants and similar uses: Warehouse and sales outlets. Marine related activities such as boat construction and dry boat storage. Coastal dependent development shall have priority over any other type of develo ment consistent with resource rotection) on or near the shoreline. PUBLIC INSTITUTIONAL Public (P)Governmental administrative and related facilities, such as public utilities, schools, libraries, museums, public parking lots, infrastructure, religious and similar uses. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-26 ZTA 03-03-LOISLATIVE DRAFT (FEBRU•Y 8, 2005) Public ri t-of-wa : That property dedicated through acquisition or easement for the public right-of-way or utility purposes which includes the area spanning from the property line on one side of a street to the property line on the other side of a street. Recreational Vehicle: A travel Trailer, pick-up camper or motorized home with or without a mode of power and designed for temporary human habitation for travel or recreational purposes. Rehabilitation: The physical repair, preservation, or improvement of a building or structure. Does not include an expansion of existing floor area greater than ten (10) percent; does not increase the building height; does not result in an increase in permitted density. Residual arcel: A legal lot which does not meet the requirements for a building site within the District in which it is located, and where the abutting sites are already developed. Ri ht-of-Wa RO : That portion of property which is dedicated or over which an easement is granted for public streets, utilities or alleys. Semi-subterranean arkin : Parking structure which is partially recessed into the development site, and which may or may not support additional structures above (e.g. dwelling units, tennis courts, or parking structures). Setback : A stipulated area adjacent to the lot lines which must be kept free of structures over forty-two (42) inches high. Street level: The elevation measured at the centerline of the public street adjacent to the front setback at a point midway between the two side property lines. Suite Hotel: A building designed for or occupied as a temporary lodging place which contains guest rooms and may contain kitchenettes and a separate living room for each unit. Timeshares : Any master planned development wherein a purchaser receives t e right in perpetuity , for life , or for a term of years, to the recurrent , exclusive use or occupancy of a lot, parcel, unit , room(s), or segment of real property, annually or on some other seasonal or periodic basis, fr a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided and shall include , but not be limited to timeshare estate, interval ownership , vacation license , vacation lease, club membership, timeshare use, condominium /hotel , or uses of a similar nature. Townlot: The area and parcels bounded by Pacific Coast Highway on the southwest, Goldenwest Street on the northwest, Palm Avenue on the north and northeast, and Sixth Street on the east and southeast. Wetland: Lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freewater marshes, open or closed brackish water marshes, swamps, mudflats and fens. Ultimate Ri t-of-Wa : The most lateral edge of the area dedicated for street, utilities or alley purposes. G:DWNTWNSP 5 Downtown Specific Plan Revised 2/06/02 ZTA 03-03 L•ISLATIVE DRAFT (FEBRUOY 8, 2005) (b) The following list of uses, or change of such use in District No. 7 may be allowed subject to the approval of a Conditional Use Permit. Automobile service stations Dancing and/or live entertainment Health and sports clubs Liquor stores Restaurants Taverns Theaters Hotels and motels Permanent parking lots and parking structures Timeshare Units ursuant to section 4.9.12 4.9.02 Minimum Parcel Size. No minimum parcel size shall be required for this District. However, prior to the approval of any development, including subdivision, a master site plan for the entire District shall be approved by the Planning Commission. Development which is in conformance with the site plan may then be permitted. 4.9.03 Maximum Densi /Intensi . (a) The maximum intensity of development shall be calculated by Floor Area Ratio (FAR) for the District. The floor area ratio shall apply to the whole District. The floor area ratio shall be 3.0 calculated on net acreage. 4.9.04 Maximum Buildin Hei ht. The maximum building height shall be eight (8) stories. 4.9.05 Maximum Site Covera e. The maximum site coverage shall be fifty (50) percent of the net site area. 4.9.06 Setback Front Yard . The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be fifty (50) feet from PCH. 4.9.07 Setback Side Yard . The minimum exterior side yard requirement shall be twenty (20) feet. 4.9.08 Setback Rear Yard . The minimum rear yard setback shall be twenty (20) feet from the proposed Walnut Avenue extension. Note: An additional ROW dedication will be required to provide for the Walnut Avenue extension. 4.9.09 Setback er Sto . No upper story setback shall be required in this District. 4.9.10 Open Space. Public open space and/or pedestrian access shall be required for development projects in order to assure a predominantly visitor-serving orientation. 4.9.11 Corridor Dedication. Development in District #7 shall require the dedication of a twenty (20) foot corridor between Atlanta Avenue and PCH for public access between the southern end of the Pacific Electric ROW and PCH. This requirement may be waived if an alternative public use is provided or if the corridor is deemed unnecessary by the City. Any proposal for an alternative public use must be approved by the Planning Commission. G:DWNTWNSP 52 Downtown Speci fic Plan Revised 2/06/02 ZTA 03-03 LOISLATIVE DRAFT (FEBRU•Y 8, 2005) 4.9.12 Timeshares . May be permitted as part of a master planned eve opment and shall be conditioned as follows: a) At least twenty-five percent of the units be permanently reserved for transient overnight accommodations during the peak summer season (beginning the day before Memorial Day weekend and ending the day after Labor Day. b) The timeshare facility shall operate as a hotel including requirements for a centralized reservations system, check-in services , advertising, security , and daily housecleaning. c) A descri tion specifying how the twenty-five percent reserved transientovernight requirement of Section 4.9.12 (a) will be satisfied within the master planned development must be submitted at time of application. G:DWNTWNSP 53 Downtown Speci fic Plan Revised 2/06/02 ZTA 03-03-LEGISLAE DRAFT (FEBRUARY 8,20) 4.11 DISTRICT #9: COMMERCIAL/RECREATION Purpose. The purpose of this District is to encourage large, coordinated development that is beach-oriented and open to the public for both commercial and recreational purposes. Boundaries. District #9 is bounded by PCH on the south, Beach Boulevard on the east, Huntington Street on the west, and on the north by the proposed Walnut Avenue extension. 4.11.01 Permitted Uses. (a) The following list of commercial recreation uses in District No. 9 may be allowed. Other visitor serving related uses as described in the Land Use Plan, and which have the same parking demand as the existing use not specified herein may be allowed subject to the approval of the Director. A change of use shall be subject to the approval of the Director. For example: Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Zoning and Subdivision Ordinance Retail sales Tourist related uses Outdoor dining pursuant to S.4.2.33 (b) The following list of uses, or change of such use in District No. 9 may be allowed subject to approval of a Conditional Use Permit. For example: Dancing and/or Live entertainment Recreational facilities Restaurants Hotels, motels Timeshare Units ursuant section 4.11.13 4.11.02 Minimum Parcel Size. No minimum parcel size shall be required for this District. However, prior to approval of a Conditional Use Permit by the Planning Commission for any development, a master site plan for the entire District shall be approved by the Planning Commission. Development which is in conformance with the site plan may then be permitted. 4.11.03 Maximum Densi /Intensi . The maximum intensity of development shall be calculated by floor area ratio (FAR) for this District. The floor area ratio shall apply to the entire project area. Floor area ratios shall be calculated on net acreage. (a) The maximum floor area for developments in this District shall be calculated with a multiple of 3.0. 4.11.04 Maximum Buildin Hei ht. No maximum building height shall be required. 4.11.05 Maximum Site Covera e. The maximum site coverage shall be thirty-five (35) percent of the net site area. Note: A maximum of twenty-five (25) percent of the net site area can be used for parking and vehicular accessways. G:DWNTWNSP 58 Downtown Specific Plan Revised 2/06/02 ZTA 03-03-LEGISLAAVE DRAFT (FEBRUARY 8, 205) 4.11.06 Setback Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be fifty (50) feet, from PCH and Beach Boulevard. 4.11.07 Setback Side Yard . The minimum exterior side yard requirement shall be twenty (20) feet. Exception : The minimum exte rior yard requirement from Beach Boulevard shall be fifty (50) feet. 4.11.08 Setback Rear Yard . The minimum rear yard setback shall be twenty (20) feet. Note: An additional ROW dedication will be required to provide for the Walnut Avenue extension. 4.11.09 Setback er Sto . No upper story setback shall be required. 4.11.10 Open Space. Development projects within this District shall provide public open space. A minimum of thirty (30) percent of the net site area must be provided for such a purpose. This area shall be available for public or semi-public uses for recreational purposes. Open space must have minimum dimensions of twenty-five (25) feet in each direction. Paved areas devoted to streets, driveways and parking areas may not be counted toward this requirement. A maximum of fifteen (15) percent of the required thirty (30) percent may be enclosed recreation space such as gyms, handball courts, health clubs, interpretive centers or similar facilities. A fee may be imposed for the use of such facilities. 4.11.11 Pedestrian Ove ass. A pedestrian overpass may be required to connect the development in this District to the City Beach, as a condition of approval for any new development on, or further subdivision of, parcels within the District. The City may waive this requirement if the City determines that overpasses are unnecessary or impractical considering the type and design of new developments. 4.11.12 Mobile home District. A portion of District #9 is zoned for mobile home use. Within this mobile home area, the provisions of the Mobile home District of the Huntington Beach Zoning and Subdivision Ordinance shall apply (see Section 4.16). 4.11.13 Timeshares . May be permitted as part of a master planned eve opment and shall be conditioned as follows: a) At least twenty-five percent of the units be permanently reserved for transient overnight accommodations during the peak summer season (beginning the day before Memorial Day weekend and ending the day after Labor Day. b) The timeshare facility shall operate as a hotel including requirements for a centralized reservations system , check-in services , advertising , security , and daily housecleaning. c) A description specifying how the twenty-five percent reserved transient overnight requirement of Section 4.11.13 (a) will be satisfied within the master planned development must be submitted at time of application. G:DWNTWNSP 59 Downtown Specific Plan Revised 2/06/02