HomeMy WebLinkAboutOrdinance #3713 ORDINANCE NO. 3 713
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE DOWNTOWN SPECIFIC PLAN REGARDING
DEVELOPMENT STANDARDS
The City Council of the City of Huntington Beach does hereby ordain as follows:
The Downtown Specific Plan of the City of Huntington Beach, Chapter 4-Development
Standards, is hereby amended by modifying certain sections thereof as follows:
SECTION 1. The Downtown Specific Plan shall be amended to change all references to
the "Huntington Beach Ordinance Code"to the"Huntington Beach Zoning and Subdivision
Ordinance."
SECTION 2. The Downtown Specific Plan of the City of Huntington Beach shall be
amended to change all references to the "Department of Community Development"to the
"Department of Planning".
SECTION 3. Section 4.1.01 shall be amended to read as follows:
4.1.01 Approvals Required
All development within the Downtown Specific Plan shall be subject to one or more of
the following, as identified in each district: a Conditional Use Permit from the
Planning Commission, and/or Zoning Administrator; review and recommendation of
the Director pursuant to the Design Review Board provisions of the Huntington Beach
Zoning and Subdivision Ordinance.
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 Director, Design Review Board, Zoning Administrator, Planning
Commission or the City Council shall also consider the following:
(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.
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(e) Vehicular accessways shall be designed with landscaping and building variation to
eliminate an alley-like appearance.
SECTION 4. Section 4.1.02 shall read as follows:
4.1.02 Special Permit
The Downtown Specific Plan development standards are designed to encourage
developments creating an aesthetically pleasing appearance, enhancing the living
environment, and facilitating innovative architectural design and adaptation of the
development to the unique surrounding environment.
A special permit may not be granted for deviations from maximum density or parking
or from requirements of the Conservation Overlay in any district. Nor shall any special
permits be granted for deviations from maximum building height in District 1, 2,4, 10,
11.
Special Permits allow for minor deviations from the development regulations of this
Specific Plan. Special Permits may be granted at the time of project approval for
unique architectural siting or features, including but not limited to site coverage,
setbacks, open space and landscaping.
Special Permits shall only be allowed when, in the opinion of the Planning Commission
or Zoning Administrator, significantly greater benefits from the project can be provided
than would occur if all the minimum requirements were met. Some additional benefits,
which may make a project eligible for approval of Special Permits include: greater
open space, greater setbacks, unique or innovative designs,public parking,public open
space, and the use of energy conservation or solar technology. The developer may
request a Special Permit at the same time as the filing of an application for a
Conditional Use Permit and both requests shall be heard concurrently. The Planning
Commission and Zoning Administrator may approve the Special Permit in whole or in
part only upon the finding that the proposed development, in addition to providing
greater benefits as required above, will also:
(a) Promote better living environments; and
(b) Provide better land planning techniques with maximum use of aesthetically
pleasing types of architecture, landscaping, site layout and design; and
(c) Not be detrimental to the general health, welfare, safety and convenience of the
neighborhood or City in general, nor detrimental or injurious to the value of
property or improvements of the neighborhood or of the City in general; and
(d) Be consistent with objectives of the Downtown Specific Plan in achieving a
development adapted to the terrain and compatible with the surrounding
environment; and
(e) Be consistent with the policies of the Coastal Element of the City's General Plan
and the California Coastal Act; and
(f) Comply with State and Federal law.
SECTION 5. Section 4.2, GENERAL PROVISIONS, shall read as follows:
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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 Zoning and Subdivision Ordinance and
Municipal Codes.
SECTION 6. Section 4.2.01 shall be amended to read as follows:
4.2.01 Permitted Uses. Permitted uses shall be established in each District and shall be
required to meet all applicable provisions of the Huntington Beach Zoning and
Subdivision Ordinance. In addition, the following shall apply:
(a) All structures incidental and accessory to a permitted principal use or structure
may be erected on any parcel containing a main building provided that such
structure(s) shall not exceed fifteen (15) feet in height nor to be closer than ten
(10) feet to any other structure on the same parcel and shall conform with all
setback requirements of the District.
Exception: Parking structures are excluded from this provision.
(b) Parcels which,prior to the effective date of this ordinance, had an oil suffix
,O1 and are identified in Figure 4.14 shall retain such suffix in combination
with
the new zoning designation "Downtown Specific Plan" (see Section 4.14).
(c) Parcels which, prior to the effective date of this ordinance, had a Mobile home
District(MH), shall retain such designation in combination with the new zoning
designations in the "Downtown Specific Plan" serving as an overlay, for the
effected Districts (see Section 4.16).
(d) All non conforming uses or structures, or uses which have been abandoned for
more than six (6) months, shall be required to meet all applicable provisions of the
Huntington Beach Zoning and Subdivision Ordinance 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 to the Zoning Administrator and shall be required to comply
with all applicable provisions of the Huntington Beach Zoning and
Subdivision Ordinance. Deviations to parking and density development
standards are not allowed. Minor deviations to other development
standards shall be subject to special permits.
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 Zoning and Subdivision
Ordinance or as required by the Downtown Parking Master Plan.
If fifty percent (50%) or more of an existing structure is demolished and
reconstructed,the new structure must provide the required off-street
parking. The parking may be provided through the payment of in-lieu fees
as allowed by the Downtown Specific Plan in-lieu fee parking program.
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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.
SECTION 7. Section 4.2.29, subparagraph(iv), shall be amended to read as follows:
4.2.29 Compliance with certain requirements of the Coastal Zone (CZ) Suffix:
iv) Outdoor Dining: Outdoor dining on public or private property may be permitted subject
to review and approval by the Director of Planning with Neighborhood Notification
(pursuant to HBZSO), when in compliance with this Section. The sale of alcohol shall
be subject to the review and approval of a conditional use permit by the Zoning
Administrator and compliance with this section.
Exception: For any existing restaurant with alcohol sales with an existing outdoor
dining area, the sale of alcohol in the outdoor dining area shall be subject to the review
and approval by the Director of Planning and the Police Chief with Neighborhood
Notification pursuant to Chapter 241 and compliance with this section.
1) Location and design criteria.
Outdoor dining shall conform to the following location and design criteria:
a) The outdoor dining shall be an extension of an existing or proposed eating
establishment on contiguous property.
b) Outdoor dining located on the sidewalk area of the public right-of-way shall
be limited to commercial areas within the Downtown Specific Plan.
c) 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
for pedestrian access. Outdoor dining located on the sidewalk area of the
public right-of-way and on 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 Director or Zoning Administrator.
d)No outdoor dining shall be allowed in mini-parks, publicly owned plazas, or
beach areas excluding concession carts with no seating.
e) Outdoor dining establishments which do not serve alcohol and are 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.
f)Establishments which serve alcoholic beverages outdoors are required to
provide a physical barrier of 36 inches in height surrounding the outdoor dining
area that will prohibit passing of alcohol through the barrier.
g)All tables, chairs, and umbrellas of outdoor dining located on public property
shall be removed when not in use.
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h) 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.
i) At street intersections, the triangular area formed by measuring 25 feet along the
curb lines, shall be clear passage area.
j) Temporary, mobile or free-standing food service providers are not eligible
under these provisions.
2) Operating requirements,provisions, and conditions.
a) 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 Director or Zoning Administrator that one or more of the
conditions or provisions of this Section 4.2.33 have been violated or that one
or more factors listed in Subsection (5)below 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
conditional use permit. -
b) 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
Director or 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.
c) 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.
d) No food or beverages of any nature shall be sold to any occupant or rider of
any motor vehicle or bicycle.
e) Alcoholic beverages shall be served in glass containers only. Each glass
container shall be permanently printed with a number identifying the
establishment serving alcohol.
f) The applicant (or operator) shall pay all fees and deposits required by the
Huntington Beach Municipal Code, including the fee established for use of
public property, prior to operation of the outdoor dining use.
g) All provisions of the Huntington Beach Municipal Code and Zoning and
Subdivision Ordinance shall apply.
h) Alcoholic beverages may be served on public and/or private property subject
to the provisions provided herein.
i) The conditional 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
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required prior to transfer of the conditional use permit for outdoor dining on
public property. A conditional use permit transfer or License Agreement
renewal or amendment may be denied if one of the factors listed in Subsection
(5)have changed and the permitted use is no longer compatible with the
intended use of the public right-of-way.
3) Parking.
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 Area
a) 1,200 sq. ft. or less with: Maximum 5 tables
and 20 seats
b) 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.
4) Enforcement.
Enforcement of Section 4.2.33 shall be by the Director of Planning or his/her
designee.
Any outdoor dining use within the Downtown Specific Plan that has been
established without prior conditional use permit approval must obtain a
conditional use permit and if located on public property, a License Agreement
within 90 days following the effective date of this ordinance. Any establishment
that plans to serve alcoholic beverages in an outdoor dining area must obtain a
new conditional use permit and a new License Agreement from the City.
5) Necessary Findings.
a) In order to approve outdoor dining the Director or Zoning Administrator shall
make the following findings: 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.
b) Building entryways are not obstructed.
c) Pedestrian traffic volumes are not inhibited.
d) Handicapped accessibility is provided where required.
SECTION 8. Section 4.3.01 shall be amended to read as follows:
4.3.01 Permitted Uses.
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(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
Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach
Zoning and Subdivision Ordinance
Clothing stores
Delicatessens
Drug stores
Florists
Grocery(convenience)
Ice cream parlors
Laundromats, Laundries
Meat or fish markets
Newspaper and magazine stores
Newsstands
Office
Outdoor dining pursuant to 5.4.2.33
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 or change of such use in
District No. 1 may be allowed subject to approval of a Conditional Use Permit
from the Zoning Administrator. For example:
Dry Cleaning
Restaurants
(c) 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 from the Planning Commission. For example:
Dancing and/or live entertainment
Health and sports clubs
Liquor Stores
Motels
Permanent parking lots and parking structures
Residential uses pursuant to (e)below
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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
Zoning and Subdivision Ordinance)
(d) 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.
(e) 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.
SECTION 9. Section 4.4.01 shall be amended to read as follows:
4.4.01 Permitted Uses. The following residential uses may be allowed in District No. 2: For
example:
(a) Single Family Detached Dwellings that comply with the development standards
herein may be allowed subject to approval by the Director.
(1) Parking requirements shall be subject to Section 231.04 of the HBZSO,
RMH-A District.
(2) Maximum building height shall be three stories and 35 feet. All provisions
of Section 210.06 (M) (1) shall apply except for subdivisions (c), (d)(1), and
(d)(2) including its subparts In addition,the building height in the front and
rear 25 feet of the lot shall be a maximum of 25 feet.
(3) See Section 4.4.02.
(b) New construction of multi-family housing, apartments, condominiums, and stock-
cooperatives are subject to the approval of a Conditional Use Permit from the
Zoning Administrator.
SECTION 10. Section 4.5.01 shall be 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 pursuant to (d)below subject to the
approval of the Director. Change of use shall be subject to the approval of the
Director: For example:
Art gallery
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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
Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach
Zoning and Subdivision Ordinance
Clothing stores
Delicatessens
Drug stores
Florists
Ice cream parlors
Newspaper and magazine stores
Newsstands
Outdoor dining pursuant to 5.4.2.33
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 or change of such use in District No. 3 may be allowed
pursuant to (d)below subject to approval of a Conditional Use Permit from the
Zoning Administrator: For example:
Restaurants
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.
(c) The following list of uses and any new construction, or change of such use in
District No. 3 may be allowed pursuant to (d)below subject to approval of a
Conditional Use Permit from the Planning Commission: For example:
Hotel and licensed bed and breakfast designed as a commercial
establishment
Dancing and/or live entertainment
Health and sports clubs
Liquor stores
Permanent Parking lots and parking structures
Residential uses pursuant to (d)
(d) All uses and new construction shall comply with the following development
requirements:
• 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.
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• 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.
• Residential uses shall only be permitted if the development includes
consolidation of a one block or greater area. Residential uses are allowed only
in conjunction with visitor-serving commercial uses. Up to one-half(1/2)of the
floor area of projects maybe devoted to residential uses.
• 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.
• 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 11. Section 4.6.01, subparagraph(b), shall be amended to read as follows:
4.6.01 Permitted Uses
(b) The following list of uses and any new construction, or change of such use in
District No. 4 may be allowed subject to approval of a Conditional Use Permit
from the Zoning Administrator: For example:
• Residential Use -multi-family housing, apartments, condominiums and stock
cooperatives.
• Mixed-Use - Mixed Residential/Office Use developments shall be permitted
provided that residential uses:
. 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 4.6.03 shall be amended to read as follows:
4.6.03 Maximum Density/Intensity. The maximum intensity of development shall be
calculated by maximum Floor Area Ratio (FAR) for the District. The Floor Area Ratio
shall apply to the whole District. The Floor Area Ratio shall be 1.5 calculated on net
acreage, except that for a single family residence,the maximum FAR shall be 1.0.
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Lot Size (Frontage) Maximum Allowable Density
Less than 50' 1 du
51' up to full block 1 du/1,452 sq. ft. of net lot area or 30 units
per net acre
SECTION 13. Section 4.7.01 shall be 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
Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach
Zoning and Subdivision Ordinance
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.4.2.33
Photographic equipment sales
Photographic processing
Public facilities
Shoe repair
Shoe stores
Sporting goods
Stationery stores
Tailor shops
Travel agency
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(b) The following list of uses or change of such use in District No. 5 may be allowed
pursuant to (d)below subject to approval of a Conditional Use Permit from the
Zoning Administrator: For example:
Restaurants
(c) The following list of uses and any new construction, or change of such use in
District No. 5 may be allowed pursuant to (d)below subject to approval of a
Conditional Use Permit from the Planning Commission: For example:
Dancing and/ live entertainment
Health and sports clubs
Liquor stores
Permanent parking lots and parking structures
Residential uses as part of a Mixed Use Development
(d) All uses and new construction shall comply with the following development
requirements:
• 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.
• 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.
• Residential Use—Multiple family residential uses are allowed only in
conjunction with commercial uses in this District. Detached single family units
are not permitted. 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;
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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 14. Section 4.8.01 shall be amended to read as follows:
4.8.01 Permitted Uses
(a) The following list of uses which establishes new neighborhood commercial uses
and which cater to year round residents in District No. 6 may be allowed. Other
commercial/office/residential related uses not specified herein may be allowed
pursuant to (d) below 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
Barber, beauty, manicure shops
Bicycle sales,rental and repair
Bookstores
Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach
Zoning and Subdivision Ordinance
Clothing stores
Delicatessens
Drug stores
Dry cleaning
Florists
Glass shops
Groceries
Hardware stores
Ice House
Laundromats, laundries
Newspaper and magazine stores
Newsstands
Offices
Outdoor dining pursuant to S.4.2.33
Photographic equipment sales
Photographic processing
Photographic studios
Public facilities
Shoe repair
Shoe stores
Sporting goods
Tailor shops
Travel agency
Undertakers
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(b) The following list of uses or change of such use in District No. 6 may be allowed
pursuant to (d)below subject to approval of a Conditional Use Permit from the
Zoning Administrator: For example:
Restaurants
(c) The following list of uses and any new construction, or change of such use in
District No. 6 may be allowed pursuant to (d) below subject to approval of a
Conditional Use Permit from the Planning Commission: For example:
Dancing and/or live entertainment
Health and sports clubs
Liquor stores
Permanent parking lots and parking structures
Residential Uses
(d) All uses and new construction shall comply with the following development
requirements:
• Residential uses are allowed in conjunction with commercial uses and/or
separate from commercial uses in this district subject to conditional use permit
from the Planning Commission. Single family dwellings are subject to Director
approval. The following shall apply:
All ground level uses of buildings fronting Main Street within the Downtown
Specific Parking Master Plan (DTPMP)boundaries (between Orange Ave. and
Acacia Ave.) shall be commercial. -
(e) The frontage on 3rd and Lake Streets between Orange and Palm Avenues may be
residential.
SECTION 15. Section 4.9.01 shall be amended 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:
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
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Groceries (convenience)
Ice cream parlors
Laundromats, laundries
Meat or fish markets
Newspaper and magazine stores
Newsstands
Outdoor dining pursuant to 5.4.2.33
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.
(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 from the Zoning
Administrator. For example--
Automobile service stations
Dancing and/or live entertainment
Health and sports clubs
Liquor stores
Restaurants
Taverns
Theaters
(c) 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
from the Planning Commission. For example:
Hotels and motels
Permanent parking lots and parking structures
Timeshare Units pursuant to section 4.9.12
SECTION 16. Section 4.11.02 shall be amended 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 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
ord/05zoning/DowntownSP 20024-6-05 version
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Outdoor dining pursuant to 5.4.2.33
(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 from the Zoning Administrator.
For example:
Dancing and/or Live entertainment
Recreational facilities
Restaurants
(c) 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
from the Planning Commission. For example:
Hotels, motels
Timeshare Units pursuant to section 4.11.13
SECTION 17. Section 4.12.01 shall be 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
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
Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach
Zoning and Subdivision Ordinance
Retail sales (beach-related)
Outdoor dining pursuant to S.4.2.33
(b) The following list of uses or change of such use in District No. 10 may be allowed
subject to approval of a Conditional Use Permit from the Zoning Administrator.
For example:
Museums
Restaurants (including fast food with take out windows)
(c) 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 a Conditional Use Permit
from the Planning Commission. For example:
Aquariums
Commercial uses or public recreation facilities (beach-related)
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.
Note: Only parking uses are permitted in this District northwest of Sixth Street.
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16
SECTION 18. All other provisions of the Downtown Specific Plan not modified herein
shall remain in full force and effect.
SECTION 19. This ordinance shall become effective immediately upon certification by
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 2nd day of May , 2005.
a
ATTEST: APPROVED AS TO FORM:
Q"41d Vd V n
City Clerk ,, City A orney
S
INIT TED AND APPROVED:
REVIEWED AND APPROVED:
Director o Planning
City Ndministrator
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17
Ord. No. 3713
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 18th day of April, 2005, and was again read to said City
Council at a regular meeting thereof held on the 2nd day of May, 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, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
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 May 12,2005.
In accordance with the City Charter of said City
Joan L.Flynn,City Clerk CfJ Clerk and ex-officio 6erk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California