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HomeMy WebLinkAboutOrdinance #2942 ORDINANCE NO. 2942 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REVISING SECTION 3 .0 AND SECTION 4 .0 WITHIN THE DOWNTOWN SPECIFIC PLAN WHEREAS, pursuant to the California Government Code Sections 65853 and 66427 .4, the Huntington Beach Planning Commission and the Huntington Beach City Council have had separate public hearings relative to Code Amendment No. 88-3 wherein both bodies have carefully considered all information presented at said hearings, and after due consideration of the findings and recommendations of the Planning Commission and all evidence presented to said City Council, the City Council finds that such code amendment is proper and consistent with the General Plan. NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as follows: SECTION 1. The City of Huntington Beach Ordinance Code is hereby amended by revising Section 3 .0 and Section 4 . 0, of the Downtown Specific Plan, to read as follows: 5.3 .2 .1 MIXED-USE (OFFICE/RESIDENTIAL/COMMERCIAL) . The mixed-use designation is intended to encourage maximum flexibility for the variety of uses allowed . This mixed-use designation includes two Districts (Districts Five and Six) totaling approximately 43 gross acres. District Five is the primary commercial core area serving as a commercial link between the pier-head area and District Six (the top of Main Street) . District Five includes approximately 20 gross acres with an emphasis on commercial activities, however , an option for office, residential or additional commercial activities above the first floor is provided. This multi-use aspect is intended to create a lively place to be day or night for both l _ 2942 visitors and residents . Main Street should maintain a pedestrian- oriented shopping street character . Commercial uses should be required on the ground floor with building fronts close to the sidewalk to establish a more intimate scale. In order to afford the visual, climatic and recreation amenities of this unique area to a greater number of people, higher residential densities should be provided. Offices should be encouraged to locate in this district in order to help establish the desired Downtown atmosphere. The commercial emphasis of this district can be achieved with varying intensities, providing the commercial link between Orange Avenue and the pier along Main Street is not broken at the pedestrian level . This district should encourage rehabilitation as well as new development . The larger scale new development (one full block or greater ) should not detract from the potential development in District Six or District Three (the pier-head) . This District is intended to connect the two major nodes with an interest element which can best be achieved with a continuation of the pedestrian- oriented commercial District; rehabilitation and new developed should be scaled and designed with this intent . The plan anticipates that this District can accommodate approximately 150 ,000 square feet of commercial uses with approximately 75,000 square feet of office and 200 new residential units . District Six is intended to be a neighborhood-oriented shopping and service area with public gathering spots, open spaces and plazas . Services such as the library, post office, banks and theaters should be located here. The commercial activities should center around the year-round residents and include grocery, pharmacy, hardware stores, etc . District Six is approximately 23 gross acres in size including numerous streets and alleys with a potential for vacation. This district is intended to provide equal opportunities for new office and residential developments in conjunction with the commercial activities . This District must be sensitive in design and scale of new development to the adjacent residential neighborhoods . District Six provides a great potential to master plan a large portion of the Downtown area for new development which will create new opportunities to shop, work and live in an ocean-related atmosphere. The Plan anticipates that this District can accommodate approximately 130,000 square feet of commercial, 75 ,000 square feet of office and 200 new residential units. 2 - 2942 In both Districts Five and Six, open air commercial establishments, such as sidewalk cafes, book and magazine racks and flower stands are encouraged . A requirement for additional public open space amenities should be incorporated into all large scale projects . These areas may include patios, balconies or terraces with landscaping, public seating with additional amenities such as sculpture or other art objects . Corner plazas will also be encouraged along Main Street and should be required in any full block or multi-block consolidation project. 5.3 .2 .4 RESIDENTIAL. The residential designation includes three Districts (Districts Two, Four and Eight ) exclusively for residential uses . District Two extends from Goldenwest Street to 6th Street between Pacific Coast Highway to Walnut Avenue . District Two is subdivided into numerous twenty-five foot wide lots with very diverse ownerships encompassing approximately 44 gross acres . District Two is intended to develop as a continuation of the type and variety of residential development which exists in the adjacent Townlot area. The development regulations should be similar and compatible with those in the Townlot area, with the exception that larger projects (one full block or more) should be provided with additional incentives to encourage lot consolidation . Consolidation of the numerous small lots which are spread throughout the District is one of the objectives of the Plan. In order to accomplish this, the allowed density in the District should increase as the parcel size increases . Consolidation is desirable in this District as a means to achieve the design controls and variety of residential types which will produce quality residential development which is sensitive to the adjacent neighbors ' concerns . Multi-block consolidations may also be allowed to promote better design; however , view corridors should be maintained along the existing right-of- ways so as to not adversely affect the residential areas further inland. Projects of one full block or greater should be allowed additional height in which to achieve the allowed density with a design which takes advantage of the projects location while remaining compatible with adjacent uses through upper story setbacks and other design regulations . The Plan anticipates that few projects will be able to take advantage of the provisions allowed for a full block consolidation. Residential development in District Two may result in 800-1000 new residential units . oil uses should also be allowed - 3 - 2942 to continue in designated areas . District Four is designed to be a transition zone surrounding the higher intensity commercial core and acting as a buffer for the existing residential neighborhoods . District Four is divided into two sections on either side of District Five ( the Downtown core) . District Four includes a total of approximately 9 gross acres which will be devoted entirely to residential uses. The Plan anticipates that this district can accommodate 160 new residential units . This residential district should ensure a buffer area in terms of heights , scale and uses, between the Downtown core and the adjacent areas. District Eight consists of two large parcels each of which is under one ownership, for a total of approximately 57 gross acres . District Eight is located in the northeasterly section of the Downtown Specific Plan. High density residential uses are most appropriate for these sites due to their location and unique characteristics . Projects, if properly designed, will be able to maximize view opportunities and access to recreational amenities . The two project areas within the District should be master planned (separately) prior to any subdivision. New residential development adjacent to the Downtown commercial core will provide the proposed commercial uses with the population base necessary to create viable services . The new residential development should also be designed to be compatible with the residential areas to the north. The plan anticipates development in District Eight to achieve the full potential of maximum density resulting in 1800 new residential units . Oil uses should also be allowed to continue in selected islands within a portion of the District. 5.4 .0 .04 DEFINITIONS. The following definitions shall apply to the Downtown Specific Plan . Terms not described under this section shall be subject to the definitions contained in the Huntington Beach Ordinance Code. Bolsa Chica State Beach: The area seaward of Pacific Coast Highway extending from the Huntington Beach City Pier northwest to Warner Avenue. The portion of this beach from the pier to Goldenwest Street is within the boundary of the Downtown Specific Plan. Build-to-line: A dimension which specifies where the - 4 - 2942 structure must begin. For example, "build-to-5 "1 , where the structure must extend to five feet of the lot line. Common open space: Any part of a lot or parcel unobstructed from the ground upward, excepting architectural features extending no more than thirty (30 ) inches from the structure and excluding any area of the site devoted to driveways and other parking areas. , Director: The Director of the Department of Community Development. Facade: The main face of front of a building. Feasible: Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors . Floor Area Ratio (FAR) : A number which indicates how many square feet of structure can be built on a site, expressed as a multiple of the gross building site area. For example, if a site is 5,000 square feet in area and the FAR is 2 . 0, the square footage of a building cannot exceed 10 ,000 gross square feet (2 X 5 ,000 ) . Fronting: Any lot or portion of a lot which abuts an arterial shall be considered to front on that arterial and shall comply with the required front yard setbacks, whether or not the development on that lot actually takes access from the arterial . Full block : A parcel of property bounded on all sides by public streets . Gross site area: The area within the lot lines of a parcel of land before public streets, alleyways, easements or other areas to be dedicated or reserved for public use have been deducted. Half block : A parcel of property bounded on all sides by public streets and/or alleys containing at least one-half (1/2 ) the net area of the full block. Height: The vertical distance above the highest adjacent street level measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or the average height of the highest gable of a pitched or hipped roof. 5 - 2942 Hotel: A building designed for or occupied as a temporary abiding place which contain guest room units . Net site area: The total horizontal area within the property lines of a parcel of land exclusive or all rights-of-way or easements which physically prohibit the surface use of that portion of the property for other than vehicular ingress and egrees . Private open space: The area adjacent to a dwelling unit which has direct access in the form of a patio or balcony. Public open space: Public open space may include one of the following: open air commercial (open to the street on the first floor , or on at least one side, above the first floor, or open to the sky) , patios, plazas, balconies, gardens or view areas accessible to the public. The open space requirement can be met anywhere in the development; however, open space provided above the second floor will receive only fifty (50 ) percent credit toward this requirement . This requirement cannot be met by open areas which are physically inaccessible to the public. Residual parcel: 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. Right-of-way (ROW) : That portion of property which is dedicated or over which an easement is granted for public streets or alleys . Semi-subterranean parking: 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 abiding place which contain guest rooms and may contain kitchenettes and a separate living room for each unit . 6 _ 2942 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: means 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 right-of-way: The most lateral edge of the area dedicated for street or alley purposes . 5.4 . 1 .01 APPROVALS REQUIRED. All developments within the Downtown Specific Plan shall be subject to one or more of the following, as identified in each district: Conditional Use Permit, and/or the Design Review Board provisions of the Huntington Beach Ordinance Code. All physical development shall be required to be reviewed by the Design Review Board prior to processing additional entitlements if required. The Historical Resources Board shall provide recommendations for structures considered to be historically significant. In addition, a Conditional Use Permit shall be required for any residential cooperative subdivision, mixed-use development, or any project which requires a special permit (Section 4 .1 .02 ) . The Design Review Board, Planning Commission or the City Council shall also consider the following before approving a project: (a) Projects shall be in conformance with the adopted Design Guidelines for the area. (b) Architectural features and general appearance of the proposed development shall enhance the orderly and harmonious development of the area or the community as a whole . (c ) Architectural features and complimentary colors shall be incorporated into the design of all exterior surfaces of the buildings in order to create an aesthetically pleasing project . (d) Particular attention shall be given to incorporating signs, including their colors, into the overall design of the entire development in order to achieve uniformity. (e ) Vehicular accessways shall be designed with 7 - 2942 i landscaping and building variation to eliminate an alley-like appearance. 5 .4 .1 .02 (f ) Comply with State and Federal law. 5 .4 .1 .05 APPEALS . Decisions by the Director on non-zoning matters may be appealed to the City Administrator; decisions on zoning matters may be appealed to the Planning Commission and City Council . 5 .4 .2 GENERAL PROVISIONS . The general provisions of this article shall apply to all developments within the Downtown Specific Plan area wherever the size or type of development proposed would make such provisions applicable. All development shall comply with all existing standard plans and specifications and all applicable provisions of the Huntington Beach Ordinance and Municipal Code. 5 .4 .2 .01 Permitted Uses. (d) All nonconforming uses or structures shall be required to meet all applicable provisions of the Huntington Beach Ordinance Code in each of the following: Any expansion of floor area greater than ten (10 ) percent; increase in height; or an increase in the permitted density shall require a conditional use permit and shall be required to comply with all applicable provisions of the Huntington Beach Ordinance Code.* *Exception: Any building alteration, rehabilitation or facade improvement which does not exceed ten (10 ) percent expansion of the existing floor area; does not increase the height; or result in an increase in permitted density. The Design Review Board shall review and approve any proposed exterior modifications . Any change of use, expansion of use, or change in occupant to a use which would require additional off street parking shall provide the required off street parking according to the Huntington Beach Ordinance Code. 8 - 2942 5 .4 .2 .06 Setback (Front Yard) . The minimum front yard setback shall be established in each District . In addition, the following shall apply: (a) No structure or portion of any structure shall project into or over the public ROW. (b) The minimum front yard setback for parking lots and all parking structures above grade shall be ten (10 ) feet . (c) The minimum front yard setback for subterranean and semi-subterranean parking structures shall be subject to the approval of the Director and the Department of Public Works . The depth of the front yard setback shall be a minimum of five (5 ) feet . 5 .4 .2 .07 Setback (Side Yard) . The minimum side yard setback shall be established in each District . In addition, the following shall apply: The minimum side yard setback for parking lots and all parking structures shall be ten (10 ) feet . 5 .4 .2 .09 Setback (Upper Story) . An upper story setback shall be established in each District . 5 .4 .2 .10 Building Separation. No building shall be closer than ten (10 ) feet to any other detached building on the same site . 5.4 .2 . 11 Open Space. A minimum public open space provision will be established in each District . In addition, the following open space requirements shall apply to all residential developments: ( a) Common Open Space : All multi-family residential developments shall provide a minimum common open space equal to twenty-five (25 ) percent of the floor area of each unit with a minimum dimension of twenty (20 ) feet . Common open space shall be designed so that it enhances the appearance of the project to passers-by. In multiple unit subdivision developments, common areas shall be guaranteed by a restrictive covenant describing the common space and its maintenance and improvement, running with the - 9 - 2942 land for the benefit of residents of the development . The developer shall file with the Community Development Department for recordation with the final subdivision map, legal documents which will provide for restricting the use of common spaces for the designated purpose, as approved on the final development plan. All lands to be conveyed to the homeowner ' s association shall be subject to the right of the grantee or grantees to enforce maintenance and improvements of the common space. (b) Private Open Space: All multi-family residential developments shall provide the following all ground floor units shall be provided with a patio area as set forth below. Minimum Area Min. Dim. Unit Type ( Sq. Ft . ) (Ft . ) Bachelor, single or one ( 1) bedroom 200 10 Two (2 ) bedrooms 250 10 Three (3 ) bedrooms 300 10 Four (4 ) bedrooms 400 10 Units constructed above ground level shall be provided with balconies or sun decks as follows: Minimum Area Min. Dim. Unit Type (Sq. Ft. ) (Ft. ) Bachelor, single or one 60 6 ( 1) bedroom Two (2 ) , three (3 ) , or 120 6 four (4 ) bedrooms Note: Private open space shall be contiguous to the unit and for the exclusive use of the occupants . Private open space shall not be accessible to any dwelling unit except the unit it serves . Private open space shall be physically separated from common areas by a wall or hedge at least forty-two (42 ) inches in height . The private open space requirement may be satisfied in whole or in part by areas used for outdoor activities which need not be open to the sky but must be open on at least one (1 ) side. 10 - 2942 5 .4 .2 .12 Multi-block Consolidations . Where consolidations span two (2 ) or more Districts, the requirements of each District shall apply to that portion of the development . Divisions between Districts shall be the center line of the vacated street. In addition, the following shall apply: (a) Visitor-serving commercial uses must be provided within that portion of the development designated as a visitor-serving District . (b) Commercial uses must be provided on the ground floor along Main Street . 5 .4 .2 .13 Parking. All developments will be required to meet the minimum off-street parking standards of the Huntington Beach Ordinance Code . In addition to the parking provisions in the Huntington Beach Ordinance Code, the following shall apply: (a ) Parking for multi-family residential development projects shall be provided at the following ratio: Dwelling units not exceeding one ( 1) bedroom shall be provided with one and one-half (1 1/2 ) on-site parking spaces one of which shall be covered and enclosed. Dwelling units with two (2 ) or more bedrooms shall be provided with two (2 ) on-site parking spaces one of which shall be covered and enclosed. Guest parking shall be provided at a ratio of one half (1/2 ) space for each unit. Such parking may be unenclosed and uncovered. All required parking except guest parking shall be located within two hundred (200 ) feet of the dwelling unit it is designed to serve. (b) Parking for commercial development projects within Districts 1, 2 , 4, 6, 7, 8 , 9 , 10 and 11 shall provide one-hundred ( 100 ) percent of the required parking on-site. (c) All required uncovered parking spaces or areas within a 11 - 2942 development shall be screened on a horizontal plane. Said screening shall be at least five (5 ) feet high as measured from the adjacent parking surface . Screening shall consist of landscaping or landscaping combined with opaque materials, and must be approved by the Director . (d) Subterranean or semi-subterranean parking above the adjacent grade which include a public open space or landscaped area on top shall be considered site coverage at the following rate for that portion: Inches above the adjacent grade Site coverage % 0" - 18" 0% 1811+ - 24" 15% 2411+ - 36" 20% 3611+ - 42" 25% 42" and above 100% (e) Parking within the setbacks shall be prohibited except for setbacks along PCH in Districts 1 and 2 and along Lake Street in District 6 , individual residential driveways will also be exempt . (f) Parking requirements for nonconforming uses or structures may be met by payment of an "in-lieu" fee for providing parking in a parking facility. Said fee , may be paid in two installments . The first installment in an amount established by City Council Resolution for each parking space shall be paid prior to the issuance of building permits or of a certificate of occupancy, whichever comes first . The second installment in an amount established by City Council Resolution for each parking space shall be paid at the time City and/or a parking authority or District constructs a parking structure in the Downtown area. A surety in a sum equal to the second installment shall be filed with the City at the time the first installment is paid . (9 ) If any existing oceanside or onstreet parking is removed, it shall be replaced on a one for one basis in an area that would not result in the loss of any sandy beach area and within walking distance of the existing site . Replacement parking shall be assured prior to 12 - 2942 the issuance of the coastal development permit. (h) Wherever a street, alley or private driveway intersects with a public or private right-of-way, there shall be a triangular area clear of visual obstructions from a height of forty-two (42 ) inches to seven (7 ) feet . Such triangular area shall have sides which extend a minimum of twenty-five (25 ) feet from the back of sidewalk along all public streets and ten (10 ) feet along alleys or private driveways . 5 .4 .2 . 14 Landscaping. In addition to City standard landscape plans and specifications, the following shall apply: (a) All setback areas fronting on or visible from an adjacent public street, and all recreation, leisure and open space areas shall be landscaped and permanently maintained in an attractive manner and shall be consistent with the adopted Design Guidelines . (b) Permanent automatic electric irrigation facilities shall be provided in all landscaped areas. (c ) On-site trees shall be provided in all developments as follows: one (1 ) thirty-six (36 ) inch box tree for each residential unit or for each 1 ,500 square feet of net commercial or office space. Alternatively, the following equivalent of thirty-six (36 ) inch box trees may be provided: Seventy-five (75 ) percent of the total requirement shall be thirty-six (36 ) inch box trees and the remaining twenty-five (25 ) percent of such requirement may be provided at a ratio of one ( 1 ) inch for one ( 1 ) inch through the use of twenty-four (24 ) inch box trees . Additional trees and shrubs shall also be planted to provide a well-balanced landscape environment . Exception: Structures fronting on Main Street, Fifth Street and Third Street, with a required five (5 ) foot setback shall be exempt from this requirement . (d) A landscape and irrigation plan in conformance with the adopted Design Guidelines shall be subject to approval 13 - 2942 by the Director and the Department of Public Works prior to the issuance of building permits. (e ) All parking lots shall provide a decorative masonry wall or landscaped berm installed in the setback area, all landscaping shall be installed within the parking lot area, in accordance with the Huntngton Beach Ordinance Code . Parking structures must all screen street-level parking areas from the public ROW. Such screening must be approved by the Director. The setback area shall be landscaped in accordance with the following guidelines and a landscape plan shall be submitted to and aproved by the Director: Planting material shall include at a minimum one (1 ) fifteen (15 ) gallon size tree and three (3 ) five (5 ) gallon size shrubs for each seventy-five (75 ) square feet of landscaped area and at least one ( 1) thirty-six (36 ) inch box tree for each one hundred and fifty (150 ) square feet of landscaped area. The setback area shall be planted with suitable groundcover . The landscaped area shall be provided with an irrigation system which conforms to the standards specified for landscaped medians by the Department of Public Works . All landscaping shall be maintained in a neat and attractive manner . 5 .4 .2 . 15 Street Vacations . The following conditions will apply to City vacation of streets and alleys for consolidation of parcels greater than one block in size. ( f) Any development proposing the vacation of streets intersecting PCH in District #2 and District #3 shall provide a view corridor not less than the width of the former street between Walnut Avenue and PCH. In addition, horizon view corridors shall be maintained in District #10 . No structures greater than five (5 ) feet in height shall be allowed within such view corridor. A pedestrian easement ten (10 ) feet wide shall be - 14 - 2942 provided through the development generally parallel to the vacated street . S .4 .2 . 16 Access Ways . The following standards shall apply to all vehicular access ways: (a) Developments abutting Pacific Coast Highway (PCH ) and Main Street shall dedicate sufficient additional land along the alleys parallel to these rights-of-way so that the alleys have an ultimate width of thirty (30 ) feet in the case of commercial or mixed use developments, or twenty (20 ) feet in the case of residential only developments. Access to development shall be permitted from these alleys . Access to development shall not be taken directly from PCH or Main Street; new automobile curb cuts on these rights-of-way are prohibited. Exception: Larger than full block consolidations in District 1 are exempt from this provision. (b) Private access ways shall have a minimum paved width of not less than twenty-eight (28 ) feet . An additional twelve (12 ) foot wide travel lane may be required in each direction of traffic flow into the development for a distance of one hundred ( 100 ) feet, where an access way intersects a local or arterial public street . (c ) Private access ways exceeding one hundred fifty (150 ) feet in length but less than three hundred (300 ) feet in length, shall be provided with a turn-around having a minimum radius of thirty-one (31 ) feet . For those access ways exceeding three hundred (300 ) feet but less than six hundred (600 ) feet, there shall be provided a turn-around having a minimum radius of forty (40 ) feet or an intertying loop circulation system. For those access ways exceeding six hundred (600 ) feet, there shall be provided an intertying loop circulation system. S .4 .2 .17 Lighting . For developments of more than two (2 ) units, the developer shall install an on-site lighting system on all vehicular access ways and along major walkways . Such lighting shall be directed onto driveways and walkways within the development and away from adjacent properties . Lighting shall also be installed within all covered and enclosed parking areas. A lighting plan shall be - 15 - 2942 submitted to and approved by the Director. 5 .4 .2 .18 Outside Storage Space. Where a proposed residential development does not include a separate attached garage for each dwelling unit, a minimum of one hundred (100 ) cubic feet of outside storage space shall be provided for each such unit . 5.4 .2 .19 Sewer and Water Systems . Sewer and water systems shall be designed to City standards and shall be located underneath streets, alleys or drives . In no case shall individual sewer lines or sewer , mains for a dwelling unit be permitted to extend underneath any other dwelling unit . 5 .4 .2 .20 Signs. All signs in the development shall conform to the provisions of the Huntington Beach Ordinance Code . Commercial signs in mixed developments shall not be intrusive to residential development or other uses and shall be consistent with the adopted Design Guidelines . (a) The placement of address numbers shall be at a uniform location throughout the development and shall be approved by the Director . (b) When appropriate, the developer shall install on-site street name signs at the intersections of access ways, as approved by the City Engineer . Street name signs shall also be approved by the Director for design and type and shall be consistent with the adopted Design Guidelines. All signs required by this section shall be installed at the approved locations prior to the time the first dwelling unit is occupied. 5 .4 .2 .21 Refuse Collection Areas . In residential development, refuse collection areas shall be provided within two hundred (200 ) feet of the units they are to serve. In all developments, trash areas shall be enclosed or screened with a masonry wall, and shall be situated in order to minimize noise and visual intrusion on adjacent property as well as to eliminate fire hazard to adjacent structures . Residents shall be provided with collection areas that are separate and distinct from the collection area of offices and other commercial activities . 5 .4 .2 .22 Vehicular Storage . Storage of boats, trailers, recreational vehicles and other similar vehicles shall be prohibited unless specifically designated areas for the storage of such vehicles are set aside on the final development plan and, in the case of condominium 16 - 2942 developments, provided for in the association 's covenants, conditions, and restrictions . Where such areas are provided, they shall be enclosed and screened from view on a horizontal plane from adjacent areas by a combination of a six (6 ) foot high masonry wall and permanently maintained landscaping. S.4 .2 .23 Antennas . All roof top antennas are prohibited. S .4 .2 .24 Utility Lines. All utility lines shall be undergrounded where possible. S.4 .2 .25 Bus Turnouts . In commericial developments of one half block or more, dedication shall be made for bus turnouts as recommended by O.C.T.D. Any bus turnout so recommended shall be incorporated as part of the development plan. S.4 .2 .26 Orange County Transit District Center . A transit center shall be located within proximity of the downtown area which will provide pedestrians access to the beach and retail services . S .4 .2 .21 Homeowners ' or Community Association. All multiple unit subdivision developments shall be approved subject to submission of a legal instrument or instruments setting forth a plan or manner of permanent care and maintenance of open spaces, recreational areas, and communal facilities. No such instrument shall be acceptable until approved by the City Attorney as to legal form and effect, and by the Department of Community Development as to suitability for the proposed use of the open areas. If the common open spaces are to be conveyed to the homeowners ' association, the developer shall file a declaration of covenants, to be submitted with the application for approval, that will govern the association. The provisions shall include, but not be limited to, the following: (a) The homeowners ' association shall be established prior to the initial sale of the last dwelling units. (b) Membership shall be mandatory for each buyer and any successive buyer . (c) The open space restrictions shall be permanent . S .4 .2 .28 Compliance with certain requirements of the Coastal Zone (CZ ) Suffix: 17 - 2942 Projects shall comply with the following sections of the Coastal Zone Suffix: "Community Facilities" ; "Diking, Dredging and Filling"; "Hazards"; "Buffer Requirements"; "Energy" ; and "Signs" as identified in the Huntington Beach Ordinance Code. 5 .4 .3 .01 Permitted Uses . ( a) New construction and establishment of the following uses in District #1 shall be permitted subject to the approval of a Conditional Use Permit Change of use shall be subject to the approval of the Director. A. Antique stores Art gallery B. Bakeries (no more than seven ( 7 ) employees) Banks and savings and loans branch offices (no drive-up windows; not to exceed five thousand (5,000 ) square feet ) f Beach, swimming and surfing equipment Bicycle sales, rental and repair Boat and marine supplies Bookstores Boutique C . Clothing stores Coin, stamp and art dealers Confectioners Curio shops D. Delicatessens Drug stores F . Florists Fruit and vegetable stores G. Game stores Gifts and party shops Groceries (convenience ) I . Ice cream parlors J . Jewelry stores 18 - 2942 I i L. Laundromats M. Marine insurance Meat or fish markets N. Newspaper and magazine stores Newstands Novelties 0. Office P . Photographic studios Photographic equipment sales Photographic processing (no more than one (1) developing machine) S. Shoe stores Sporting goods T. Tourist related public and semipublic buildings, services and facilities Travel agency Y. Yacht brokers (no storage) (b) New construction, establishment, or a change to the following uses may be permitted in District #1 subject to the approval of a Conditional Use Permit ; A. Arcades Automobile service stations H . Health and sports clubs L. Liquor stores M. Motels and Hotels P . Permanent Parking lots and parking structures R. Reducing salon Restaurants Residential Retail sales, outdoor - 19 - 2942 (c) Visitor-serving commercial uses must be a part of all development proposed in this District . (d) Residential uses are allowed only in conjuction with visitor-serving commercial uses . The required visitor-serving commercial portion of any initial construction shall be provided prior to or at the same time as any residential portion. No residential unit shall be occupied until the required commercial portion is completed. Projects which are proposed to be phased must proportionately develop the commercial and residential concurrently. S .4 .3 .02 Minimum Parcel Size. The minimum parcel size for development shall be 10 ,000 sq. ft. of net site area and one hundred (100 ) feet of frontage on PCH . S.4 .3 .03 Maximum Density/Intensity. The maximum allowable number of residential dwelling units (du) shall increase as parcel size increases according to the following: Lot Size (Frontage) Maximum Allowable Residential Density 100 ' up to but less 1 du/1700 sq. ft . of net lot area than a half-block half block up to but 1 du/1350 sq. ft . of net lot area less than a full block* full block* 30 units per gross acre * Note: Consolidation of blocks which cross District boundaries shall only be required to provide visitor-serving uses on the part of the project in District #1 . S.4 .3 .04 Maximum Building Height . The maximum building height shall be thirty-five (35 ) feet and no more than three ( 3 ) stories . Exception: The maximum building height for full block parcels shall be fifty (50 ) feet and no more than four (4 ) stories. S .4 .3 .05 Maximum Site Coverage. The maximum site coverage shall be fifty (50 ) percent of the net site area. - 20 - 2942 5 .4 .3 .06 Setback (Front Yard) . The minimum front yard setback for all structures exceeding forty-two (42 ) inches in height shall be twenty-five (25 ) feet from Pacific Coast Highway right-of-way. This setback may be reduced to twenty (20 ) feet on up to fifty (50 ) percent of the frontage, provided that the average setback for total site frontage is not less than twenty-five (25 ) feet . The setback area shall be limited to landscaping only and shall be designed to be compatible with the Bluff Top Landscaping area located across Pacific Coast Highway. 5 .4 .3 .07 Setback (Side Yard) . The minimum aggregate side yard requirements shall be as follows: (a) Interior side yard setback shall be twenty (20 ) percent of lot frontage total with not less than seven (7 ) feet on a side . (b) Exterior side yard setback shall be twenty (20) percent of lot frontage total with not less than fifteen (15 ) feet, from any public ROW. 5 .4 .4 .01 Permitted Uses . The following residential uses shall be permitted in District #2 : single family detached dwellings* multi-family housing, apartments, condominiums and stock-cooperatives subject to the approval of a Conditional Use Permit . *Exception: Single family detached dwellings which comply with the development standards of District #2 shall be subject to approval of the Design Review Board in lieu of a conditional use permit . 5 .4 .4 .02 Minimum Parcel Size. The minimum parcel size for development shall be fifty (50 ) feet of frontage and 5 ,000 square foot net size area. 5 .4 .4 .06 Setback (Front Yard) . The minimum front yard setback for all structures exceeding forty-two (42 ) inches in height shall be as follows: (a) Parcels fronting on PCH, require a minimum setback of twenty-five (25 ) feet from any public ROW. This setback shall be limited to landscaping only and shall be designed to be compatible with the Bluff Top landscaping located across Pacific Coast Highway. 21 - 2942 Note: This setback may be reduced by five (5 ) feet on up to fifty (50 ) percent of the frontage, provided that the average setback for the total site frontage is not less than the greater of the above. 5.4 .4 .08 Setback (Rear Yard) . The minimum rear yard setback shall be as follows: (a) Parcels fronting on PCH require not less than three (3 ) feet. Note: An additional right-of-way dedication will be required to widen the alley to twenty (20 ) feet . (b) Parcels fronting all other streets, except PCH, require not less than seven and one-half ( 7 .5 ) feet . Structures may be cantilevered into this setback, however, not closer than two and one-half (2 . 5 ) feet from the rear property line. 5 .4 .4 .09 Setback (Upper Story) . The covered portion of all structures above the second story shall be set back an average of an additional ten ( 10 ) feet from the second story facade . That portion of structures which exceed thirty-five (35 ) feet in height shall be set back a minimum of forty-five (45 ) feet from the exterior property line. Exception: Projects adjacent to Walnut Avenue shall require a minimum upper story setback of seventy-five (75 ) feet from that property line. 5 .4 .4.10 Open Space: (a) Projects which provide a twenty-five (25 ) foot front setback along Pacific Coast Highway shall be allowed to use the front setback area towards common open space. Any encroachments into the twenty-five (25 ) foot front setback area shall require common open space to be located behind the front setback . (b) No public open space shall be required in this District. 5 .4 .5 .01 Permitted Uses. (a) New construction and establishment of the following 22 - 2942 uses in District #3 shall be permitted subject to the approval of a Conditional Use Permit . Change of the use shall be subject to the approval of the Director . A. Antique stores Art gallery B. Bakeries (no more than seven (7 ) employees) Banks and savings and loans branch offices (no drive-up windows; not to exceed five thousand (5 ,000 ) square feet ) Barber, beauty, manicure shops Beach, swimming and surfing equipment Bicycle sales, rental and repair Boat and marine supplies Bookstores C . Clothing stores Coin, stamp and art dealers Confectioners Curio shops D. Delicatessens Drug stores F . Florists Fruit and vegetable stores G . Game Stores Gifts and party shops I . Ice cream parlors J . Jewelry stores L . Laundromats within hotels or motels M. Marine insurance N . Newspaper and magazine stores Newstands Novelties P. Photographic studios Photographic equipment sales 23 - 2942 Photographic processing (no more than one (1) developing machine ) S . Shoe stores Sporting goods T. Tourist related public and semi-public buildings, services and facilities Travel agency Y. Yacht brokers (no storage) (b) New construction, establishment, or a change to the following uses in District #3 may be permitted subject to approval of a Conditional Use Permit: A. Arcades Auditoriums C . Cabarets Convention facilities D . Dance halls and discos Dancing and/or live entertainment as a primary or accessory use H. Health and sports clubs Hotels and motels L . Liquor stores M. Museums P . Permanent Parking lots and parking structures R. Reducing salon Restaurants Residential uses Retail sales, outdoor T. Taverns Theaters (c) Visitor-serving commercial uses must be a part of all development proposed in this District with frontage on 24 - 2942 Main Street, with a requirement that the entire street level on Main Street floor area be devoted to visitor-serving commercial uses . 5 .4 .5 .04 Maximum Building Height. The maximum building height shall be as follows: Lot Size Height less than half block 3 stories half block up to but less than a full block 4 stories full block (northwest of Main St. ) 6 stories full block (southeast of Main St. ) 8 stories multi-block (northwest of Main St. ) 8 stories multi-block (southeast of Main St . ) 8 stories 5 .4 .6 DISTRICT #4 : RESIDENTIAL Purpose. This District flanks the Downtown core area, separating the area along Main Street from the outlying areas which are primarily residential . The purpose of this District is to provide a residential zone between the existing residential areas and the commercial Main Street corridor . This District allows residential development exclusively. The density increases as parcel size increases, providing greater incentives for larger consolidations . The District employs graduated height limits and proportional setback requirements to keep the scale of new developments compatible with existing residential neighborhood. Boundaries . District #4 includes the half-blocks on the northwest side of the Main Street core area from 6th Street to the alley between 6th and 5th Streets; and from the alley between 3rd and 2nd Streets to the alley between 2nd and Lake Streets, between Walnut and Orange Avenues. 5.4 .6 .01 Permitted Uses . The following residential uses shall be permitted in District #4 : single family detached dwellings*, multi-family housing, apartments, condominiums and stock cooperatives subject to approval of a Conditional Use Permit: *Exception: Single Family Detached Dwellings which comply with the development standards in District #4 shall be subject to the approval of the Design Review Board in lieu of a conditional use permit. 25 - 2942 S .4 .6 .02 Minimum Parcel Size . The minimum parcel size for development shall be twenty-five hundred (2500 ) square feet and twenty (25 ) feet of frontage. S .4 .6 .03 Maximum Density/Intensity. The maximum allowable number of residential dwelling units (du) shall increase as the parcel size increases according to the following: Lot Size (Frontage) Maximum Allowable Density less than 50 ' 1 du 50 ' 1 du/1700 sq.ft . of net lot area 51 up to 100 ' 1 du/1400 sq.ft . of net lot area 101 ' up to but less than 1 du/1150 sq.ft. of net lot area a half block half block up to but less 1 du/900 sq.ft . of net lot area than a full block S .4 .7 .01 Permitted Uses . (a) New construction and establishment of the following uses in District #5 shall be permitted subject to the approval of a Conditional Use Permit . Change of use shall be subject to the approval of the Director . A. Antique stores Art gallery B. Bakeries (not more than seven (7 ) employees) Banks and savings and loans branch offices (no drive-up windows) Barber, beauty, manicure shops Beach, swimming and surfing equipment Bicycle sales, rental and repair Boat and marine supplies Bookstores Boutiques C . Clothing stores Coin, stamp and art dealers Confectioners Curio shops D. Delicatessens - 26 - 2942 Drug stores Dry cleaning (no plants) F . Florists Fruit and vegetable stores G . Gifts and party shops Groceries H . Hardware stores Hobby supplies I . Ice cream parlors J . Jewelry stores L . Laundromats M. Marine insurance Meat or fish markets Millinery N. Newspaper and magazine stores Newstands Novelties 0. Office Supplies P. Parks Photographic studios Photographic equipment sales Photographic processing S . Shoe repair Shoe stores Sporting goods Stationery stores T. Tailor shops Travel agency Y. Yacht brokers (no storage) (b) New construction, establishment, or the change to the following uses in District #5 may be permitted subject 27 - 2942 to approval of a Conditional Use Permit: A. Arcades C. Cabarets D. Dancing and/or live entertainment as a primary/accessory use Department stores Dog and cat grooming F . Furniture stores H . Health and sports clubs L . Liquor stores M. Museums P . Pet shops Permanent parking lots and parking structures Plazas Public open space Public and semi-public buildings R. Reducing salon Restaurants Residential Retail sales, outdoor T. Theaters Note: The ground floor area or street level of all buildings fronting Main Street in this District shall be devoted to commercial activities . (c ) The following uses may be permitted above the first floor : ( i ) Commercial Use - all commercial uses allowed on the first floor if the uses are a continuation from the first floor use. ( ii ) Office Use - professional , general business and non-profit offices provided that: - 28 - 2942 Purpose. This District encompasses the area north of the Downtown core and includes the public library. It is intended to provide a location for neighborhood commercial enterprises to serve surrounding residents, as well as public facilities and residential uses. Boundaries. District #6 consists of the blocks located between Sixth Street and Lake Street from Orange Avenue to Palm Avenue . 5 .4 .8 .01 Permitted Uses. (a) New construction and establishment of the following uses in District #6 shall be permitted subject to the approval of a Conditional Use Permit . Change of use shall be subject to the approval of the Director . A. Antique stores Appliance stores Art gallery Auto accessory/repair shops B. Bakeries (no more than seven (7 ) employees) Banks and savings and loans branch offices (with drive-up windows) Barber, beauty, manicure shops Bicycle sales, rental and repair Boat and marine supplies Bookstores C . Catering establishments Clothing stores Coin, stamp and art dealers Confectioners Curio shops D . Delicatessens Department stores Drug stores Dry cleaning (no plants) Dry goods and notions F . Florists Fruit and vegetable stores Furniture stores 30 - 2942 • No sales either wholesale or retail which involve delivery of any goods or material to or from the premises occur . • No inventory is kept on the premise other than samples. • No processing, manufacturing, storage or repair of merchandise of any kind occurs. ( iii ) Residential Use - Residential uses are allowed only in conjunction with commercial uses in this District . Up to one-third (1/3 ) of the floor area of projects on parcels smaller than a full block may be devoted to residential uses; projects on full block or larger parcels, up to one-half (1/2) of the floor area may be devoted to residential uses provided that residential uses in addition to the following: • Be segregated to a separate structure or restricted to the second story or above; • Not occupy any portion of the same story with non-residential uses, unless they are provided with adequate physical and acoustical separation; • Be on contiguous floors within a single structure; • Be provided with separate pedestrian ingress and egress; • Be provided with secured, designated parking. Note: All uses conditionally permitted on the first floor shall be permitted in upper story areas, if they are a continuation of first floor uses. Other uses shall be permitted only if found to be compatible with office and residential uses nearby or within the same mixed-use structure. 5.4 .7 .02 Minimum Parcel Size. The minimum parcel size for development shall be twenty-five hundred (2500 ) square feet and twenty-five (25 ) feet of frontage . 5 .4 .8 DISTRICT #6 : MIXED USE; COMMERCIAL/OFFICE/RESIDENTIAL 29 - 2942 G. Gifts and party shops Groceries H . Hardware stores Hobby supplies I . Ice cream parlors J. Jewelry stores L . Laundromats, laundries M. Marine insurance Medical and dental laboratories Meat or fish markets Millinery N. Newspaper and magazine stores Newstands Novelties 0. Offices Office supplies i P. Parks Photographic studios Photographic equipment sales Photographic processing (no more than one (1 ) developing machine) Plazas S . Shoe repair Shoe stores Sporting goods Stationery stores T. Tailor shops Travel agency U. Undertakers (b) New construction, establishment, or a change to the following uses in District #6 may be allowed subject to approval of a Conditional Use Permit: 31 - 2942 A. Arcades D. Dance studio Dog and cat grooming H. Health and sports clubs L. Liquor stores N. Newspaper publishing P. Permanent parking lots and parking structures Pet shops Public open space Public and semi-public buildings R. Reducing salon Residential Uses Restaurants Retail sales, outdoor T. Theaters Transit facilities S .4 .8 .02 Minimum Parcel Size . The minimum parcel size for development shall be ten thousand (10 ,000 ) square feet and one hundred ( 100 ) feet of frontage. S .4 .8 .04 Maximum Building Height. The maximum building height shall be as follows: Lot Size (Frontage) Height less than 100 ' 2 stories - 30 feet 100 ' up to but less than 3 stories - 35 feet a full block full block 4 stories - 50 feet S .4 .9 .01 PERMITTED USES. (a) New construction and establishment of the following uses in District #7 shall be permitted subject to the approval of a Conditional Use Permit . Change of use shall be subject to the approval of the Director . 32 - 2942 A. Antique stores Art gallery B. Bakeries (No more than seven (7 ) employees) Banks and savings and loans branch offices (not to exceed five-thousand (5 ,000 ) square feet ) Barber, beauty, manicure shops Beach, swimming and surfing equipment Bicycle sales, rental and repair Boat and marine supplies Bookstores Botanical Gardens Boutiques C . Clothing stores Coin, stamp and art dealers Confectioners Curio shops D. Delicatessens F . Florists Fruit and vegetable stores G . Game Stores Gifts and party shops Groceries (convenience) I . Ice cream parlors J . Jewelry stores L. Laundromats M. Marine insurance Meat or fish markets N. Newspaper and magazine stores Newstands Novelties P. Photographic studios Photographic equipment sales Photographic processing (no more than one ( 1) developing machine) 3.3 - 2942 Professional Office (not to exceed fifty (50 ) percent of total floor area) S . Shoe stores Sporting goods T. Tourist related public and semi-public buildings, services and facilities Travel agency Y. Yacht sales (display only) (b) New construction, establishment, or a change to the following uses in District #7 may be permitted subject to the approval of a Conditional Use Permit: A. Arcades Automobile service stations C . Cabarets D. Dance halls and discos Dancing and/or live entertainment as a primary or accessory use H . Health and sports clubs Hotels and motels L . Liquor stores P . Permanent parking lots and parking structures R. Reducing salon Restaurants Retail sales, outdoor T. Taverns S .4 .10.02 Minimum Parcel Size. No minimum parcel size shall be required in this District . However, prior to approval of any development, a conceptual plan for Subarea a or Subarea b shall be approved by the Planning Commission . Development which is in conformance with the site plan may then be permitted. S .4 .11 .01 Permitted Uses . The following uses and structures shall be - 34 - 2942 r permitted in District #9 are subject to approval of a Conditional Use Permit . These commercial uses include hotels, motels, restaurants and recreational facilities. 5.4 . 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. 5 .4 . 12 .01 Permitted Uses. The following uses may be permitted in District #10 subject to approval of a Conditional Use Permit . A. Aquariums B. Bait and tackle shops Beach rentals C . Commercial uses or public recreation facilities (beach-related) M. Museums P . Parking lots that will not result in the loss of recreational sand area. Tiered parking is permitted within the Downtown Specific Plan area on existing lots seaward of Pacific Coast Highway provided the parking is designed so that the top of the structures including walls, etc. , are located a minimum of one foot below the maximum height of the adjacent bluff . R. Restaurants ( including fast food with take out windows) Retail sales (beach-related) Note: Only parking uses are permitted in this District northwest of Sixth Street . 5 .4 . 13 .01 Permitted Uses . New construction and establishment of the following uses in District #11 shall be permitted in District #11 subject to approval of the Design Review Board. A. Access facilities - 35 - 2942 B. Basketball Courts Beach concession stands* Bicycle trails and support facilities F . Fire rings P. Paddleboard courts Parking lots that will not result in the loss of recreational sand area. Tiered parking is permitted within the Downtown Specific Plan area on existing lots seaward of Pacific Coast Highway provided the parking is designed so that the top of the structures including walls, etc . , are located a minimum of one foot below the maximum height of the adjacent bluff. Park offices + playground equipment Public restrooms Public transit facilities and associated structures, dressing rooms or showers** S . Shoreline construction that may alter natural shoreline process, such as groins, cliff retaining walls, pipelines, outfalls that are designed to eliminate adverse impacts on local shoreline sand supply T. Trails (bicycle or jogging) and support facilities V. Volleyball net supports *Note: Beach concession stands shall be limited to twenty-five hundred (2500 ) square feet and spaced at intervals no closer than one thousand (1 ,000 ) feet . Beach concession structures shall be located within or immediately adjacent to paved parking or access areas . PAGE END A - 36 - 2942 SECTION 2. This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntingtona Beach at a regular meeting thereof held on the 16th day of May , 1988 . Mayor ATTEST: A /VED AS TO FORM: City Clerk = _�pCity Attorney - y_ REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Dire o of Community Development be 37 - 2942 Ord. No. 2942 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the 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 ordinance was read to said City Council at a regular meeting thereof held on the Ind day of May 19 88 and was again read to said City Council at a regular meeting thereof held on the 16th day of May 19 88 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Kelly, Green, Erskine, Mays, Bannister NOES: Councilmen: None ABSENT: Councilmen: Finley, Bannister City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California I, Alicia M. Wentworth CITY CLERK of the City of Hun,ingtsn Beach. and ex-officio Clerk of the City Council, do he.eby certhy that a ,synopsis of this ordinance has been published rn the on _a..6 19 lJ 0 ....... ...... In accorda106 with the City Charter of said City. City Clerk Deputy City Clerk 2942