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HomeMy WebLinkAboutOrdinance #3702 ORDINANCE NO. 3 7 0 2 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE DOWNTOWN SPECIFIC PLAN OF THE CITY OF HUNTINGTON BEACH WHEREAS, the City Council of the City of Huntington Beach has previously adopted the Downtown Specific Plan; and 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 finds that the aforesaid amendment is proper and consistent with the General Plan, NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: The Downtown Specific Plan is hereby amended as set forth in the Legislative Draft attached hereto as Exhibit A. SECTION 2: Except as specifically modified herein, all other sections of the Huntington Beach Downtown Specific Plan shall remain in full force and effect. SECTION 3: This ordinance shall become effective immediately upon certification of the California Coastal Commission. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the d t h day of Apr i 1 , 2005. ATTEST: Clerk or REVIEWED AND APPROV D: APPROVED AS TO FORM: C'ty Adnifigstrator t orfiey N1105 INITI D AND APPROVED: 11X'11-4 ctor of Planning ord/05zoning/downtown SP timeshares Ordinance No. 3702 Ordinance No. 3702 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(50)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 right-of-way That property dedicated through acquisition or easement for the public right-of-way or utility purposes which includes the area spanning from the property line on one side of a street to the property line on the other side of a street. Recreational Vehicle: A travel Trailer,pick-up camper or motorized home with or without a mode of power and designed for temporary human habitation for travel or recreational purposes. Rehabilitation: The physical repair,preservation, or improvement of a building or structure. Does not include an expansion of existing floor area greater than ten(10) percent; does not increase the building height; does not result in an increase in permitted density. Residual 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,utilities 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 lodging place which contains guest rooms and may contain kitchenettes and a separate living room for each unit. Timeshares: Any master planned development wherein a purchaser receives tie right in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, room(s), or segment of real property, annually or on some other seasonal or periodic basis, fr a period of time that has been or will be allotted rom the use or occupancy periods into which the project has been divided and shall include, but not be limited to timeshare estate, interval ownership,vacation license,vacation lease, club membership, timeshare use, condominium/hotel, or uses of a similar nature. Townlot: The area and parcels bounded by Pacific Coast Highway on the southwest, Goldenwest Street on the northwest, Palm Avenue on the north and northeast, and Sixth Street on the east and southeast. G:DWNTWNSP 4 Downtown Specific Plan Revised 2/06/02 Ordinance No. 3702 4.9 DISTRICT#7: VISITOR-SERVING COMMERCIAL Purpose. This District extends southeast of the Downtown core adjacent to Pacific Coast Highway. The principal purpose of this District is to provide commercial facilities to serve seasonal visitors to the beaches as well as to serve local residents on a year round basis. This District also provides a continuous commercial link between the Downtown and the visitor-commercial/recreation District near Beach Boulevard. Boundaries. District#7 extends from First Street to Huntington Avenue between PCH and the proposed Walnut Avenue extension. 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: 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 Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Zoning and Subdivision Ordinance Clothing stores Delicatessens Florists Groceries(convenience) Ice cream parlors Laundromats, laundries Meat or fish markets Newspaper and magazine stores Newsstands Outdoor dining pursuant to S.4.2.33 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. G:DWNTWNSP 51 Downtown Specific Plan Revised 2/06/02 Ordinance No. 3702 (b) The following list of uses, or change of such use in District No. 7 may be allowed subject to the approval of a Conditional Use Permit. Automobile service stations Dancing and/or live entertainment Health and sports clubs Liquor stores Restaurants Taverns Theaters Hotels and motels Permanent parkin lots and parking structures Timeshare Units pursuant to section 4.9.12 4.9.02 Minimum Parcel Size. No minimum parcel size shall be required for this District. However, prior to the approval of any development, including subdivision,a master site plan for the entire District shall be approved by the Planning Commission. Development which is in conformance with the site plan may then be permitted. 4.9.03 Maximum Density/Intensity. (a) The maximum intensity of development shall be calculated by Floor Area Ratio (FAR)for the District. The floor area ratio shall apply to the whole District. The floor area ratio shall be 3.0 calculated on net acreage. 4.9.04 Maximum Building Height. The maximum building height shall be eight(8)stories. 4.9.05 Maximum Site Coverage. The maximum site coverage shall be fifty(50)percent of the net site area. 4.9.06 Setback(Front Yard. The minimum front yard setback for all structures exceeding forty-two(42)inches in height shall be fifty(50) feet from PCH. 4.9.07 Setback(Side Yard). The minimum exterior side yard requirement shall be twenty(20) feet. 4.9.08 Setback(Rear Yard). The minimum rear yard setback shall be twenty(20)feet from the proposed Walnut Avenue extension. Note: An additional ROW dedication will be required to provide for the Walnut Avenue extension. 4.9.09 Setback(Upper Story. No upper story setback shall be required in this District. 4.9.10 Open Space. Public open space and/or pedestrian access shall be required for development projects in order to assure a predominantly visitor-serving orientation. 4.9.11 Corridor Dedication. Development in District#7 shall require the dedication of a twenty (20)foot corridor between Atlanta Avenue and PCH for public access between the southern end of the Pacific Electric ROW and PCH. This requirement may be waived if an alternative public use is provided or if the corridor is deemed unnecessary by the City. Any proposal for an alternative public use must be approved by the Planning Commission. G:DWNTWNSP 52 Downtown Specific Plan Revised 2/06/02 Ordinance No. 3702 4.9.12 Timeshares. May be permitted as part of a master planned eve open and shall be conditioned as follows: a) At least twenty-five percent of the units be permanently reserved for transient overnight accommodations during the peak summer season (beginning the day before Memorial Day weekend and ending the day after Labor Day). b) The timeshare facility shall operate as a hotel including requirements for a centralized reservations system, check-in services, advertising, security, and daily housecleaning. c) A descri tion specifying how the twenty-five percent reserved transienrovernight requirement of Section 4.9.12 (a) will be satisfied within the master planned development must be submitted at time of application. G:DWNTWNSP 53 Downtown Specific Plan Revised 2/06/02 Ordinance No. 3702 4.11 DISTRICT#9: COMMERCIAL/RECREATION ose. The purpose of this District is to encourage large, coordinated development that is beach-oriented and open to the public for both commercial and recreational purposes. Boundaries. District#9 is bounded by PCH on the south, Beach Boulevard on the east, Huntington Street on the west, and on the north by the proposed Walnut Avenue extension. 4.11.01 Permitted Uses. (a) The following list of commercial recreation uses in District No. 9 may be allowed. Other visitor serving related uses as described in the Land Use Plan, and which have the same parking demand as the existing use not specified herein may be allowed subject to the approval of the Director. A change of use shall be subject to the approval of the Director. For example: Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Zoning and Subdivision Ordinance Retail sales Tourist related uses Outdoor dining pursuant to S.4.2.33 (b) The following list of uses,or change of such use in District No. 9 may be allowed subject to approval of a Conditional Use Permit. For example: Dancing and/or Live entertainment Recreational facilities Restaurants Hotels,motels Timeshare Units pursuant to section 4.11.13 4.11.02 Minimum Parcel Size. No minimum parcel size shall be required for this District. However,prior to approval of a Conditional Use Permit by the Planning Commission for any development, a master site plan for the entire District shall be approved by the Planning Commission. Development which is in conformance with the site plan may then be permitted. 4.11.03 Maximum Density/lntensjh. The maximum intensity of development shall be calculated by floor area ratio (FAR) for this District. The floor area ratio shall apply to the entire project area. Floor area ratios shall be calculated on net acreage. (a) The maximum floor area for developments in this District shall be calculated with a multiple of 3.0. 4.11.04 Maximum Building Height. No maximum building height shall be required. 4.11.05 Maximum Site Coverage. The maximum site coverage shall be thirty-five(35)percent of the net site area. Note: A maximum of twenty-five (25)percent of the net site area can be used for parking and vehicular accessways. G:DWNTWNSP 58 Downtown Specific Plan Revised 2/06/02 Ordinance No. 3702 4.11.06 Setback(Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be fifty(50)feet,from PCH and Beach Boulevard. 4.11.07 Setback(Side Yard). The minimum exterior side yard requirement shall be twenty(20) feet. Exception: The minimum exterior yard requirement from Beach Boulevard shall be fifty(50)feet. 4.11.08 Setback(Rear Yard). The minimum rear yard setback shall be twenty(20) feet. Note: An additional ROW dedication will be required to provide for the Walnut Avenue extension. 4.11.09 Setback(Upper Story). No upper story setback shall be required. 4.11.10 Open Space. Development projects within this District shall provide public open space. A minimum of thirty(30)percent of the net site area must be provided for such a purpose. This area shall be available for public or semi-public uses for recreational purposes. Open space must have minimum dimensions of twenty-five(25) feet in each direction . Paved areas devoted to streets, driveways and parking areas may not be counted toward this requirement. A maximum of fifteen(15)percent of the required thirty(30)percent may be enclosed recreation space such as gyms,handball courts, health clubs, interpretive centers or similar facilities. A fee may be imposed for the use of such facilities. 4.11.11 Pedestrian Overpass. A pedestrian overpass may be required to connect the development in this District to the City Beach, as a condition of approval for any new development on,or further subdivision of,parcels within the District. The City may waive this requirement if the City determines that overpasses are unnecessary or impractical considering the type and design of new developments. 4.11.12 Mobile home District. A portion of District#9 is zoned for mobile home use. Within this mobile home area,the provisions of the Mobile home District of the Huntington Beach Zoning and Subdivision Ordinance shall apply(see Section 4.16). 4.11.13 Timeshares. May be permitted as part of a master planned eve open and shall be conditioned as follows: a) At least twenty-five percent of the units be permanently reserved for transient overnight accommodations during the peak summer season (beginning the da before Memorial Day weekend and ending the day after Labor Day). b) The timeshare facility shall operate as a hotel including requirements for a centralized reservations system, check-in services, advertising, security, and daily housecleaning. c) A description specifying how the twenty-five percent reserved transient overnight requirement of Section 4.11.13 (a) will be satisfied within the master planned development must be submitted at time of application. G:DWNTWNSP 59 Downtown Specific Plan Revised 2/06/02 Ord. No. 3702 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN,the duly elected,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 21st day of March,2005, and was again read to said City Council at a re ular meeting thereof held on the 4th day of April, 2005, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Hansen, Coerper, Hardy, Green, Bohr NOES: Sullivan, Cook ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on April 14,2005. In accordance with the City Charter of said City QM'S'd Joan L. Flynn, City Clerk Cbf Clerk and ex-officio Verk Deputy City Clerk of the City Council of the City of Huntington Beach, California