HomeMy WebLinkAboutOrdinance #3280 (3) ORDINANCE NO. 3 2,90
AN ORDINANCE OF THE CITY HUNTINGTON BEACH
AMENDING THE DOWNTOWN SPECIFIC PLAN
TO INCORPORATE CHANGES SUGGESTED BY
BY THE CALIFORNIA COASTAL COMMISSION
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed
public hearings relative to amending the Downtown Specific Plan, 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 other evidence presented, the City Council adopted Ordinance No. 3239, which approved
Code Amendment No. 92-5, and amended the Downtown Specific Plan; and
The amended Downtown Specific Plan was forwarded to the California Coastal
Commission for consideration; and
The California Coastal Commission approved Code Amendment No. 92-5 with suggested
modifications, and the City Council desires to accept and approve said modifications,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Section 4.0.04 of the Downtown Specific Plan, entitled Definitions, is
hereby amended to read as follows:
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.
Beach Area: The ocean side of Pacific Coast Highway including the Bluff Top Park
area and the Pier.
Bluff Too Park Area: That area of improved beach access bounded on the south by 9th
Street continuing north to the dividing line of Bolsa Chica State Beach.
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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 structure must begin. For
example, "build-to-5"', means that the structure must extend to five feet from the lot
line.
Common open s ace: 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.
Conversion: A change in the original use of land or building/structure,
Director: The Director of the Department of Community Development.
Development: On land, in or under water, the placement or erection of any solid
material or structure; discharge or disposal of any dredged material or of any gaseous,
liquid, solid or thermal waste; grading, removing, dredging, mining, or extraction of any
materials; change in the density or intensity of the use of land, including, but not limited
to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410
of the Government Code), and any other division of land, including lot splits, except
where the land division is brought about in connection with the purchase of such land by
a public agency for public recreational use; change in the intensity of use of water, or of
access thereto; construction, reconstruction, demolition, or alteration of the size of any
structure, including any facility of any private, public, or municipal utility; and the
removal or harvesting of major vegetation other than for agricultural purposes, kelp
harvesting, and timber operations which are in accordance with a timber harvesting plan
submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973
(commencing with Section 4511)_
Demolition: The deliberate removal or destruction of the frame or foundation of any
portion of a building or structure.
Facade: The main face or 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 net site area; for example, if a site is
5,000 square feet in net site area and the FAR is 2.0, the square footage of a building
cannot exceed 10,000 square feet of net site area(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 floor area: The total enclosed area of all floors of a building measured to the
outside face of the structural members in exterior walls, and including halls, stairways,
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elevators shafts at each floor level, service and mechanical equipment rooms, and
habitable basement or attic areas, but excluding area for vehicle parking and loading.
Gross site area: The area within the lot lines of a parcel of land before public streets,
alleys, 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. See Section 4.2.04.
Hotel: A building designed for or occupied as a temporary lodging place which contains
guest room units.
Mini-Parks: Areas under City ownership used for the purpose of open space, plazas,
landscape buffers or public gathering.
Net site area: The total horizontal area within the property lines of a parcel of land. All
rights-of-way or easements which physically prohibit the surface use of that portion of
the property for other than vehicular ingress and egress are excluded.
Outdoor dininu: An area where a cafe/restaurant provides food service on either public
right-of-way, city owned open space, or privately owned open space.
Physical obstruction: Things that affect the use of property including but not limited to
light standards, trees, parking meters, trash receptacles, traffic signals, signs, benches,
phone booths, newspaper stands, bus stops, driveways, pedestrian ramps, and other
similar items.
Pier: The structure owned by the City that extends from the termination of Main Street
at Pacific Coast Highway into the Pacific Ocean 1,966 feet.
Pier Plaza: The area adjacent and contiguous to the pier.
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: Outdoor or unenclosed area on the ground floor or above floor
levels designed and accessible for use by the general public. Public open space may
include one of the following: patios, plazas, balconies, gardens or view areas accessible
to the general public, and open air commercial space, open to the street on the first
floor, or on at least one side, above the first floor, or open to the sky. The open space
requirement can be met anywhere in the development, however, open space provided
above the second floor will receive only fifty(54)percent credit toward this
requirement. This requirement cannot be met by open areas which are inaccessible to
the general public or are contrary to specific requirements of a district.
Public ri t-of-wak 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.
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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.
Residualparcel: 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(RO)D: That portion of property which is dedicated or over which an
easement is granted for public streets, utilities or alleys.
S en-&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 lodging place which
contains guest rooms and may contain kitchenettes and a separate living room for each
unit.
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 right-of-way: The most lateral edge of the area dedicated for street, utilities or
alley purposes.
SECTION 2, Section 4.1.03 of the Downtown Specfic Plan, entitled Coastal Permit, is
hereby amended to read as follows:
4.1.03 Coastal Permit
Developments within the Downtown Specific Plan area will be subject to the
requirements pertaining to Coastal Development Permits (CDP) in the Local Coastal
Program Implementing Ordinances, in addition to the other provisions of the Huntington
Beach Ordinance Code, except as modified by this Specific Plan.
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SECTION 3. Section 4.2,02 of the Downtown Specific Plan, entitled Minimum Parcel
Size, is hereby amended to read as follows:
4.2.02 Minimum Parcel Size. A minimum parcel size shall be established in each District. A
waiver of this requirement may be granted by the Director for residual parcels.
In addition, the following minimum floor areas shall apply to all residential dwelling
units, except affordable units (see Section 4.2.30):
Minimum Floor
Unit Type Area(Sq. Ft.)
Bachelor and single 450
One (1)bedroom 650
Two (2)bedrooms 900
Three (3) bedrooms 1100
Four(4) bedrooms 1300
SECTION 4. Section 4.2.13 of the Downtown Specific Plan, entitled Parking, is hereby
amended to read as follows:
4.2.13 Parking. All developments (except as provided in Section 4.2.30)will be required to
meet the minimum off-street parking standards of the Huntington Beach Ordinance
Code or as required by the Downtown Parking Master Plan.
Exception: Affordable housing projects may reduce the required on-site guest
parking.
Residential:
All parking, as required by the Huntington Beach Ordinance Code,
shall be provided on-site.
Commercial:
(a) Parking for all commercial projects within the area of the Downtown Parking
Master Plan shall be consistent with the parking requirements of the Downtown
Parking Master Plan. Districts 1, 2, 4, a portion of 5, 7, 8, 9, 10 and 11 shall
provide one-hundred (100) percent of the required parking on-site, pursuant to the
Huntington Beach Ordinance Code,
Parking in District 3, a portion of District 5, and District 6 shall be provided on-
site to the maximum extent feasible, as identified in the Parking Master Plan. The
balance of any required parking shall be provided in facilities within walking
distance_ Any required off-site parking spaces shall be in place prior to the
issuance of a Certificate of Occupancy for any development. All parking for any
portion of a District which is not within the area of the Downtown Parking Master
Plan shall provide one-hundred (100) percent of the required parking on-site,
pursuant to the Huntington Beach Ordinance Code.
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(b) All off-street uncovered surface parking spaces shall be screened. Screening shall
be a maximum of thirty-two (32) inches 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.
(c) Any commercial business (retail, office, restaurant)which requests to participate in
the in-lieu parking fee program shall submit a conditional use permit application
for review and approval.
SECTION S. Section 4.2.14 of the Downtown Specific Plan, entitled Downtown
Parking Master Plan, is hereby amended to read as follows:
4.2.14 The Downtown Parking Master Plan
The Downtown Parking Master PIan is based on a shared parking concept. Shared
parking in effect allows one (1) parking space to serve two (2) or more individual land
uses without conflict. Shared parking relies on the variations in the peak parking
demand for different uses. In other words, parking demands will fluctuate in
relationship to the mix of uses by hour, day of week and season. The proper mix will
create an interrelationship among different uses and activities which results in a
reduction of the demand for parking.
The Downtown core area is centered along the Main Street commercial corridor. This
commercial corridor divides into two (2) distinct areas, north and south of Orange.
The area which encompasses the Downtown Parking Master Plan is as identified on the
area map (Figure 4.1).
Area 1 - The area south of Orange Avenue along Main Street provides the greatest
amount of public parking opportunities both off-street and on-street. Area 1 will have
the greatest number of visitor serving and seasonal commercial uses including year
round entertainment. This area will also have the greatest concentration of expanded
commercial, restaurant and office uses, and therefore, the majority of the public parking
spaces should be provided in this area.
Area 2 - The area north of Orange Avenue along Main Street provides limited amounts
of public parking opportunities. This area is still part of the Downtown core.
However, the commercial uses in Area 2 will cater more to the year round residents,
therefore, additional on-street short term parking should be provided. This area will be
a mixed use area with a significant amount of residential uses. The amount of
commercial and office parking has been reduced.
City owned and controlled public parking in the Downtown Parking Master Plan
(DPMP) area shall be consistent with the City's certified land use plan. The DPMP is
structured to protect beach user parking by providing adequate public parking within
the Downtown area. The DPMP encourages the use of the City owned and controlled
parking sites within the DPMP area. To encourage the use of the City owned public
parking facilities, parking controls such as time limits, and parking rates may be
adjusted to maintain the desired use of these spaces by patrons and employees of the
downtown area. A validation program for the City owned public parking structure has
been established as an incentive for the use of the structure by the patrons and
employees of the downtown area. Any changes to the program shall be submitted to
the Executive Director to determine if an amendment to the Specific Plan is necessary.
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The Downtown Parking Master PIan anticipates a total development scenario of
approximately 450,000 to 500,000 square feet of commercial activity. The Master Plan
has development thresholds of 100,000 square feet for restaurant, 250,000 square feet
for retail, 100,000 square feet for office and 50,000 square feet for miscellaneous
development. Area 1 will contain approximately 350,000 to 400,000 square feet with
the remaining 50,000 to 100,000 square feet of activity occurring in Area 2. It shall be
the responsibility of the Community Development Department to monitor the
development square footage per use and parking spaces within the Downtown Parking
Master Plan area. An annual review and monitoring report of the Downtown Parking
Master Plan shall be prepared by the Department and presented for review by the
Planning Commission.
The Downtown Parking Master Plan annual review and monitoring report shall include,
at a minimum: 1) amount and type of development square footage approved during the
annual review period; 2) total amount of square footage in the Downtown Parking
Master Plan area; 3) an inventory of existing parking spaces; 4) a parking utilization
study; 5) an assessment of parking demand compared with parking supply; 6) a
determination of whether adequate parking remains to serve development allowed up to
the total development cap. The Downtown Parking Master Plan annual review and
monitoring report shall be submitted to the Executive Director of the Coastal
Commission for review.
If the Downtown Parking Master Plan annual review and monitoring report indicates
that the parking supply is inadequate to serve the approved level of development or if
the development square footage exceeds the amount described above (up to 500,000
square feet total) all development within the Downtown Parking Master Plan area shall
provide parking consistent with Off-Street Parking and Loading Provisions of the
Huntington Beach Ordinance Code, unless and until new parking to meet the identified
demand is approved and constructed_ Changes between one or more of the individual
use categories may be allowed as long as the total square footage does not exceed
500,000 square feet and there are corresponding changes in the other use categories to
assure adequate parking remains. The exisiting base square footage shall be as
described in the document approved by the Huntington Beach Planning Commission on
July 7, 1993 titled Downtown Huntington Beach Parking Master Plan.
The location and type of parking resources available in the Downtown area recognizes
that two different and distinct implementation approaches are necessary for each of the
areas. The adjusted parking requirement was calculated for both Area 1 and Area 2
(Figure 4.2).
Existing building square footage and uses are parked within the public parking supply
within the Downtown Parking Master Plan. In the event a property owner demolishes
his/her existing building, and rebuilds a new building of equal square footage and use,
no additional parking shall be required. Any code required parking spaces provided on-
site shall be credited for any expansion of square footage or intensification of use. All
required parking shall be calculated based on the reduced requirements of the
Downtown Parking Master Plan.
Area 1 - In Area 1 the restaurant and retail parking requirement was reduced by thirty-
three percent and twenty-five percent respectively. The office requirement by seventy-
five percent. In addition, the theater parking requirement was reduced from the
existing code requirement of one (1) parking space for every third seat to one (1)
parking space for every fifth seat. This reduction is based on surveys conducted by the
theater industry. These reductions recognize the time differential and captive market
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concepts. Expanding commercial activity in this area remains the focus of the
Downtown Master Plan, however, no additional parking for new or expanded
commercial, restaurant and office uses should be required. The majority of public
parking opportunities currently exist in this area and the current parking supply exceeds
the parking demand. This parking supply will continue to be adequate provided the
total square footage of uses do not exceed the Master Plan projections. The city shall
retain the option to purchase property for a public parking facility.
Area 2 - In Area 2 the retail and office requirement was reduced by fifty percent. This
recognizes that the retail activity will be primarily convenience commercial catering to
local residents on short term shopping trips. The office parking requirement reduction
is based on the minimal number of office opportunities and the on-site parking.
Restaurant uses were not given a reduction factor_ Numerous conflicts are created
between restaurant and residential uses, therefore, restaurants should be required to
provide one hundred percent of their parking requirement on-site. The existing
Downtown public parking facilities are not conveniently located for use in this area,
thus, a combination of expanded on-street and on-site parking may be necessary for
new or expanded commercial uses. However, providing the commercial activity
remains primarily service related commercial, the existing supply of on-street and on-
site parking should be sufficient for anticipated uses. All future development projects
must be carefully reviewed for parking concerns. The mix of commercial and
residential activities can justify a parking reduction and additional parking may not be
necessary if development does not exceed the Master Plan projections. The city shall
retain the option to purchase property for a public parking facility.
The Planning Commission or City Council may impose one (1), all, or a combination of
the following requirements to ensure that adequate parking is provided for each
development:
1. Require on-site parking for all projects one-half(1/2) block or greater in size.
2. Require that any parking in-lieu fees be full cost recovery based on the parking
requirement for specific uses. However, allow that these fees be paid over an
amortization period, with appropriate security provided by the applicant to
guarantee payment..
3. Require valet parking once the maximum build out of restaurant activity has been
obtained.
4. Commercial projects greater than 10,000 square feet in size shall be required to
submit a parking management plan consistent with the Downtown Parking Master
Plan,
5. Require valet and/or remote parking for special events and activities.
6. Require the applicant to provide additional on-site and/or off-site parking for any
development.
7. Develop parking options which may generate additional parking for any
development.
SECTION 6. Section 4.2.24 of the Downtown Specific Plan, entitled Antennas, is
hereby amended to read as follows:
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4.2.24 Antennas. Antennas shall be consistent with the applicable zoning document.
SECTION 7. Section 4.2.33 of the Downtown Specific Plan, entitled Outdoor Dining,
is hereby amended to read as follows:
4.2.33 Outdoor dining: Outdoor dining on public or private property may be permitted subject
to use permit approval by the Zoning Administrator and compliance with this section.
(a) Location and design criteria.
Outdoor dining shall conform to the following location and design criteria:
(i) The outdoor dining shall be an extension of an existing or proposed eating or
drinking establishment on contiguous property.
(ii) Outdoor dining located on the sidewalk area of the public right-of-way shall
be limited to commercial areas within the Downtown Specific Plan.
(iii) Outdoor dining located on the sidewalk area of the public right-of-way of the
first block of Main Street and Pacific Coast Highway within District 3 and on
the Municipal Pier shall provide a minimum ten(10)foot clear passage area
or pedestrian access. Outdoor dining located on the sidewalk area of the
public right-of-way and all other areas shall provide a minimum eight (8) foot
clear passage area for pedestrian access. A wider clear passage area may be
required at the discretion of the Zoning Administrator.
(iv) No outdoor dining shall be allowed in mini-parks, publicly owned plaza, or
beach areas excluding concession carts with no seating.
(v) Outdoor dining located on public property shall be separated from the clear
passage area on the public sidewalk and/or pedestrian walkway by a
temporary cordon and removed when not in use.
(vi) All features including but not limited to tables, chairs, umbrellas, of outdoor
dining located on public property shall be removed when not in use.
(vii) Outdoor dining on private sidewalk areas shall provide a minimum eight (8)
foot clear passage area for pedestrian access or a permanent cordon shall
surround the outdoor dining area and a minimum five (5) foot clear passage
area shall be provided.
(viii) At street intersections, the triangular area formed by measuring 25 feet along
the curb lines or the area formed by the extension of the property lines to the
curb lines, whichever is more restrictive, shall be clear passage area.
(b) Necessary Findings
In order to approve outdoor dining the Zoning Administrator shall make the
following findings:
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(i) The sidewalk's public use, pedestrian, transit and business services including
but not limited to loading zones, bus stops, public phones, and benches, are not
restricted.
(ii) Building entryways are not obstructed.
(iii) Pedestrian traffic volumes are not inhibited.
(iv) Handicapped accessibility is provided where required.
(c) Operating requirements, provisions, and conditions.
(i) A License agreement including use fees shall be obtained from the City for
outdoor dining located on public property. The License Agreement shall be
subject to termination at any time upon a 10 day prior written notice upon
determination of the Zoning Administrator that one or more of the conditions
or provisions of this section have been violated or that one or more factors
listed in Subsection (b) above have changed and the permitted use is no
longer compatible with the intended use of the public right-of-way or public
property. Termination of a License Agreement shall nullify the use permit.
(ii) The applicant shall enter into a Maintenance Agreement with the City for
maintenance of all portions of the public property used and approved by the
Zoning Administrator for the outdoor dining. Said agreement shall be
submitted to and approved by the Department of Public Works prior to
commencement of the use.
(iii) All outdoor dining operators shall provide a public liability insurance policy
as specified in all current insurance resolutions. Such liability insurance shall
be provided in a form acceptable to the City Attorney. The policy shall name
the City of Huntington Beach as an additional insured and shall be
maintained at all times.
(iv) An outdoor dining operator shall not sell to motorists or persons in vehicles.
(v) The applicant (or operator) shall pay all fees and deposits required by the
Huntington Beach Municipal Code and Ordinance Code, including the fee
established for use of public property, prior to operation of the outdoor
dining use.
(vi) All provisions of the Huntington Beach Municipal Code shall apply.
(vii) No alcohol beverages may be served on public property.
(viii) The use permit may be transferred upon sale or transfer of the restaurant
subject to a written request approved by the Zoning Administrator and the
property owner. An amendment to the License Agreement will be required
prior to transfer of the use permit for outdoor dining on public property. A
use permit transfer or license renewal or amendment may be denied if one or
more of the factors listed in Subsection(b) above have changed and the
permitted use is no longer compatible with the intended use of the public
right-of-way.
(d) Parking.
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Parking shall comply with the Huntington Beach Zoning and Subdivision
Ordinance or the Downtown Parking Master Plan; however, no parking spaces
shall be required for the outdoor dining portion of the restaurant if the outdoor
dining area does not exceed the following:
Total Restaurant Area Outdoor Dining
1) 1,200 sq. ft. or less with: Maximum 5 tables
and 20 seats
2) greater than 1,200 sq. ft. with: Maximum of 20% of
the restaurant area,
not to exceed 400 sq. ft.
Any outdoor dining area which exceeds these standards shall provide 100% of the
required parking for the entire area.
(e) Enforcement_
Enforcement of this Section shall be by the Community Development Director or
his/her designee.
Any outdoor dining use within the Downtown Specific Plan that has been
established without prior use permit approval must obtain a use permit and if
located on public property, a License Agreement within 90 days following the
effective date of this ordinance. No use permit application filling fee shall be
required for those uses existing prior to March 21, 1994.
SECTION 8. Section 4.3.01 of the Downtown Specific Plan, entitled Permitted Uses, is
hereby amended to read as follows:
4.3.01 Permitted Uses.
(a) The following list of Visitor-Serving Commercial uses in District No. 1 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. Change of use shall be subject
to the approval of the Director. For Example:
Art gallery
Bakery
Banks and savings and loans branch offices (no drive-up windows; not to
exceed five thousand (5,000) square feet)
Beach, swimming and surfing equipment
Bicycle sales, rental and repair
Boat and marine supplies
Bookstores
Clothing stores
Delicatessens
Drug stores
Florists
Grocery (convenience)
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Ice cream parlors
Laundromats, Laundries
Meat or fish markets
Newspaper and magazine stores
Newsstands
Office
Outdoor dining pursuant to S.4.2.32
Photographic equipment sales
Photographic processing
Public Facilities
Shoe stores
Sporting goods
Tourist related public and semipublic buildings, services and facilities
Travel agency
(b) The following list of Visitor Serving Commercial uses and any new construction,
or change of such use in District No. 1 may be allowed subject to approval of a
Conditional Use Permit. For example:
Dancing and/or live entertainment
Dry Cleaning
Health and sports clubs
Liquor Stores
Motels
Permanent parking lots and parking structures
• Residential uses
• Restaurants
Service station (minimum 14,000 square feet of net lot area, subject to the
development standards outlined in Section 9220.14 of the Huntington Beach
Ordinance Code)
(c) Visitor-serving commercial uses must be a part of all development proposed in this
District, with the following minimum requirements: for projects with less than a
half-block of frontage, the entire street level must be devoted to visitor-serving
uses; for projects with a half-block or more of frontage, either the entire street
level, or at least one-third (1/3) of the total floor area must be devoted to visitor-
serving commercial uses.
(d) Residential uses are allowed only in conjunction 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.
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SECTION 9. Section 4.5.01 of the Downtown Specific Plan, entitled Permitted Uses, is
hereby amended to read as follows:
4.5.01 Permitted Uses.
(a) The following list of uses which establishes a commercial core and which serves as
the transition between visitor-serving and year round commercial uses in District
No. 3 may be allowed. Other visitor serving related uses as described in the Land
Use Plan, and which may have the same parking demand as the existing use not
specified herein may be allowed subject to the approval of the Director. Change of
use shall be subject to the approval of the Director. For example:
Art gallery
Bakeries
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
Clothing stores
Delicatessens
Drug stores
Florists
Ice cream parlors
Newspaper and magazine stores
Newsstands
Outdoor dining pursuant to 5.42.32
Photographic equipment sales
Photographic processing
Shoe stores
Sporting goods
Tourist related public and semi-public buildings, services and facilities
Travel Agency
(b) The following list of uses and any new construction, or change of such use in
District No. 3 may be allowed subject to approval of a Conditional Use Permit.
For example:
Dancing and/or live entertainment
Health and sports clubs
Hotel and licensed bed and breakfast designed as a commercial
establishment
Liquor stores
Permanent Parking lots and parking structures
Restaurants
Residential uses
Retail sales, outdoor
Theaters
Note: The ground floor or street level of all buildings in this District shall be devoted to
visitor-serving commercial activities.
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(c) The ground floor or street level of all buildings in this District fronting Main Street
and Pacific Coast Highway shall be devoted to visitor-serving commercial
activities.
(d) Visitor-serving commercial uses must be a part of all development proposed in this
District with a minimum requirement that the entire street level, or at least one-
third (1/3) of the total floor area be devoted to visitor-serving commercial uses.
(e) Residential uses shall only be permitted if the development includes consolidation
of a one block or greater area.
Note: Residential uses are allowed only in conjunction with visitor-serving commercial
uses. Up to one-half(1/2) of the floor area of projects may be devoted to residential
uses.
(f) The required visitor-serving commercial portion of any project 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 complete.
(g) In the event of a consolidation of a minimum one block area, non-priority
(residential) uses may be located in separate structures or on separate portions of
the parcel in the context of a planned development, provided no less than one-half
of the total floor area permitted is devoted to visitor-serving uses, and provided
that substantial public open space and pedestrian access amenities are provided to
maintain a predominantly visitor-serving orientation.
SECTION 10. Section 4.6 of the Downtown Specific Plan, entitled District #4: Mixed-
Use; Office Residential, is hereby amended to read as follows:
4.6 DISTRICT #4: MIXED-USE, OFFICE 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 transition zone between the existing residential areas to the
commercial Main Street corridor. Consequently, mixes of office and residential uses are
permitted.
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 First Streets, between
Walnut and Orange Avenues.
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SECTION 11, Section 4.7.01 of the Downtown Specific Plan, entitled Permitted Uses,
is hereby amended to read as follows:
4.7.01 Permitted Uses.
(a) The following list of uses which establishes a commercial core and which serves as
the transition between visitor-serving and year round commercial uses in District
No. 5 may be allowed. Other commercial/ office/residential related uses not
specified herein may be allowed subject to the approval of the Director. Change of
use shall be subject to the approval of the Director. For Example:
Antique stores
Art gallery
Bakeries
♦ Banks and savings and loans branch offices
Barber, beauty, manicure shops
Beach, swimming and surfing equipment
Bicycle sales, rental and repair
• Boat and marine supplies
• Bookstores
Boutiques
Clothing stores
Delicatessens
« Drug stores
Dry cleaning
Florists
Groceries
General retail
Hardware stores
Hobby supplies
Ice cream parlors
Jewelry stores
Laundromats
Newsstands
Office Supplies
Offices
Outdoor dining pursuant to S.4.2.32
Photographic equipment sales
Photographic processing
Public facilities
Shoe repair
Shoe stores
Sporting goods
Stationery stores
Tailor shops
Travel agency
(b) The following list of uses and any new construction, or change of such use in
District No. 5 may be allowed subject to approval of a Conditional Use Permit.
For example:
Dancing and/ or live entertainment
Health and sports clubs
Liquor stores
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3280
Permanent parking lots and parking structures
Restaurants
Residential uses
(c) The street level of all buildings fronting Main Street and 5th Street in this District
shall be devoted to commercial activities.
(i) Commercial or residential may be permitted on the street level between
Olive and Orange Avenue fronting 5th Street and 3rd Street.
(d) The following uses may be permitted above the first floor:
(i) Commercial Use - all commercial uses allowed on the first floor may be
allowed on the second floor.
(ii) Office Use - professional, general business and non-profit offices provided
that:
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 one-half(1/2) block may be devoted to
residential uses; projects on one-half(1/2) block or larger parcels, except
projects fronting on Main St., up to two-thirds (2/3) of the floor area may
be devoted to residential uses; projects on full block or larger parcels,
fronting on Main St., 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.
SECTION 12. Section 4.7.10 of the Downtown Specific Plan, entitled Open Space, is
hereby amended to read as follows:
4.7.10 Open Space. Parcels within this district having one hundred (100) feet or more of street
frontage, shall provide public open space. All non-residential developments shall
provide a minimum of ten(10) percent of the net site area as public open space.
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3280
Exception: Mixed use developments which include residential units, may reduce the
public open space to five (5) percent of the net site area.
Full block developments on Main Street require public plazas. These street level public
plazas shall be incorporated into the design of the development and approved by the
Director. Such plazas shall have the following characteristics:
Location: street level corner; one side must face Main Street.
Area: not less than one thousand (1,000) square feet excluding public right-of-
way.
Landscaping: not less than thirty (30) percent of the plaza area should be planted.
Paving: all paved areas shall be textured.
Visual Feature: plaza must include a sculpture, fountain, information kiosk, pond,
display, or similar visual amenity.
Public Seating shall be provided.
Open Air Commercial: not more than fifty(50) percent of the privately owned
publicly used plaza area may be used for open air commercial uses.
SECTION 13. Section 4,9.01 of the Downtown Specific Plan, entitled Permitted Uses,
is hereby amended to read as follows:
4.9.01 Permitted Uses.
(a) The following list of Visitor-Serving Commercial uses in District No. 7 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. Change of use shall be subject
to the approval of the Director. For example:
Art gallery
Bakeries
Banks and savings and loans branch offices (not to exceed five-thousand
(5,000) square feet)
Beach, swimming and surfing equipment
Bicycle sales, rental and repair
Boat and marine supplies
Bookstores
Clothing stores
Delicatessens
Florists
Groceries (convenience)
Ice cream parlors
Laundromats, laundries
Meat or fish markets
Newspaper and magazine stores
Newsstands
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3280
Outdoor dining pursuant to S_4.2.32
Photographic equipment sales
Photographic processing
Professional Office(not to exceed fifty [50] percent of total floor area)
Public Transportation Center
Shoe stores
Sporting goods
Tourist related public and semi-public buildings, services and facilities
Travel agency
Note: Visitor-serving commercial uses must be a part of all development proposals in
this District, with a minimum requirement that the entire street level be devoted to
Visitor-Serving Commercial Uses.
(b) The following list of uses and any new construction, or change of such use in
District No. 7 may be allowed subject to the approval of a Conditional Use Permit.
For example:
Automobile service stations
Dancing and/or live entertainment
Health and sports clubs
Hotels and motels
Liquor stores
Permanent parking lots and parking structures
Restaurants
Taverns
Theaters
SECTION 14. Section 4.9.02 of the Downtown Specific Plan, entitled Minimum Parcel
Size, is hereby amended to read as follows:
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.
SECTION 15. Section 4.9.11 of the Downtown Specific Plan, entitled Corridor
Dedication, is hereby amended to read as follows:
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.
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3280
SECTION 16. Section 4.10 of the Downtown Specific Plan, entitled District# 8: High
Density Residential, is hereby amended to read as follows:
4.10 DISTRICT #8: -HIGH DENSITY RESIDENTIAL
Purpose. This District is intended to allow high density residential uses. New residential
development will provide a population base to help support the commercial and office
uses in the Downtown area.
Boundaries. District 98 includes two consolidated parcels; one parcel is bounded on the
north by Atlanta Avenue, on the east by Huntington Street, on the south by the
proposed Walnut Extension and on the west by First Street. The second includes the
area north of the proposed Walnut Avenue extension between Huntington Street and
Beach Boulevard.
SECTION 17. Section 4.11.01 of the Downtown Specific Plan, entitled Permitted Uses,
is hereby amended to read as follows:
4.11.01 Permitted Uses.
(a) The following list of commercial recreation uses in District No. 9 may be allowed.
Other visitor serving/recreational 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:
Retail sales
Tourist related uses
Outdoor dining pursuant to S.4.2.32
(b) The following list of uses and any new construction, 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
Hotels, motels
Recreational facilities
Restaurants
SECTION 18. Section 4.12.01 of the Downtown Specific Plan, entitled Permitted Uses,
is hereby amended to read as follows:
4.12.01 Permitted Uses.
(a) The following list of pier related commercial uses in District No. 10 may be
allowed. Other pier 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
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3280
allowed subject to the approval of the Director. A change of use shall be subject
to the approval of the Director. For example:
Bait and tackle shops
Beach rentals
Retail sales (beach-related)
Outdoor dining pursuant to S.4.2.33
(b) The following list of uses and any new construction, or change of such use in
District No. 10 may be allowed subject to approval of Conditional Use Permit.
For example:
Aquariums
Commercial uses or public recreation facilities (beach-related)
Museums
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.
Restaurants (including fast food with take out windows)
Note: Only parking uses are permitted in this District northwest of Sixth Street.
SECTION 19. Section 4.16 of the Downtown Specific Plan, entitled Mobil Home
District, is hereby amended to read as follows:
4.16 MOBILE HOME DISTRICT
Purpose. The Downtown Specific Plan includes approximately 6.6 acres with a
Mobilehome District (MH) designation. The purpose of the Mobilehome District is to
permit present mobilehome park uses to continue. The mobilehome area falls within
District Nine of the Downtown Specific Plan.
Boundaries. The Mobilehome District encompasses a part District 9. The following
describes the real property:
THAT PORTION OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11
WEST, CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 14 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS; THE BASIS OF BEARING OF THE FOLLOWING
DESCRIPTION IS THE CENTERLINE OF LAKE STREET NORTH 40038'10" EAST AS
SHOWN ON RECORD OF SURVEY 87-1049 FILED IN BOOK 117, PAGES 21 & 22 IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 14; THENCE SOUTH 88042'52" WEST
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3280
111.91 FEET; THENCE SOUTH 2°29'35" WEST 593.12 FEET; THENCE SOUTH 24°32'06"
WEST 386.94 FEET; THENCE SOUT11,12°44`44" EAST 117.71 FEET TO A POINT IN THE
SOUTHERLY LINE OF FUTURE WALNUT AVENUE PER PRECISE PLAN OF STREET
ALIGNMENT 88-1, ORDINANCE NO. 2961, SAID POINT BEING THE TRUE POINT OF
BEGINNING, THENCE SOUTH 12°44'44" EAST 653.77 FEET; THENCE SOUTH 78°59'52"
WEST 82.75 FEET; THENCE NORTH 53°00'08" WEST 835.00 FEET; THENCE NORTH
36°59'52" EAST 300.00 FEET; THENCE NORTH 51008'21" WEST 125.77 FEET TO A
POINT IN SAID SOUTHERLY LINE OF FUTURE WALNUT AVENUE, SAID POINT
BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY
HAVING A RADIUS OF 1245.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH
30°31'l7" WEST; THENCE EASTERLY ALONG SAID CURVE AND SAID SOUTHERLY
LINE OF FUTURE WALNUT AVENUE 552.05 FEET THROUGH A CENTRAL ANGLE OF
25024'20" TO THE TRUE POINT OF BEGINNING, THE AREA OF THE HEREIN
DESCRIBED LAND IS 6.635 ACRES, MORE OR LESS.
Regulations. The regulations of the Downtown Specific Plan will serve as overlays for
the portion of District 9 which retains the (MH) zone, until such time that the
Mobilehome District designation is removed.
All areas retaining the (MH) zone shall be subject to the provisions of the Mobilehome
District of the Huntington Beach Ordinance Code. In addition, these areas are subject
to the provisions of the Mobilehome Overlay Zones/Removal/Rezoning/Change of Use
Article of the Huntington Beach Ordinance Code.
SECTION 20. The District 10 map is hereby revised to reflect the changes made herein,
as depicted on the new District 10 map attached hereto as Exhibit"A" and incorporated by this
reference as though fully set forth herein.
SECTION 21. The District 11 map is hereby revised to reflect the changes made herein,
as depicted on the new District 1 I map attached hereto as Exhibit"B" and incorporated by this
reference as though fully set forth herein.
21
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3280
SECTION 22. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 1st day of May , 1995.
r
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk C' y torney
�ys Iq Iq5r,
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Director of Co pity Development
22
ccdraai.aoc
Ord. No. 3280
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council
at an re ular meeting thereof held on the 17th of April, 1935, and was again read to
said City Council at a regular meeting thereof held on the 1st of May. 1995;and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Councilmembers:
Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
((,";,nnie Brodkway CITY CLERK of the City of
hluhot,Vton Bead and sx-ot�ar,,io Ciet'. of the City
Council, do heresy r�risjy that a synopsis d this
ordinance hash^�::,? .�-` i':��%in thL Daii�Pi!at an
�- City Clerk and ex-officio drerk
of the City Council of the City
of Huntington Beach, California
City Ciedc
City '?
G/kw/indexes/ardbkpg
5/2/95