HomeMy WebLinkAboutOrdinance #3819 I
ORDINANCE NO. 3819
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY
ADDING CHAPTER 218,MIXED USE-TRANSIT CENTER DISTRICT
(ZONING TEXT AMENDMENT NO. 07-004)
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 to consider Zoning Text Amendment No. 07-004, which adds Chapter
218, Mixed Use-Transit Center District, to the Huntington Beach Zoning and Subdivision
Ordinance; 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. That Chapter 218 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby added to read as set forth in Exhibit A.
SECTION 2. This ordinance shall take effect thirty 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 17thday of November , 2008.
b
Mayor
ATTEST: APPROVED AS TO FORM:
ity Clerk ty Atto ney
ATTEST: APPROVED AS TO FORM:
City 1 'strator Director Sf Planning
Exhibit A: Legislative Draft
08-1767.003/25776 2
Ordinance No. 3819,Exhibit"A"
EXHIBIT A
ORDINANCE—ZTA NO. 07-004
Chapter 218 Mixed Use-Transit Center District
Sections:
218.02 Mixed Use-Transit Center District Established
218.04 MU-TC District: Land Use Controls
218.06 MU-TC District: Development Standards
218.08 Modifications for Affordable Housing
218.10 Sustainable Development
218.12 Review of Plans
218.02 Mixed Use-Transit Center District Established
The purpose of the Mixed Use-Transit Center District is to implement the General Plan Land
Use Plan mixed-use land use designation. This district provides areas for high density
residential and commercial uses within one-quarter mile of established transit centers as
determined by the Planning Director. Transit centers, serving buses or other modes of
transportation, are facilities where passengers transfer from one route to another. This district
provides for pedestrian-friendly, transit oriented development in areas adjacent to existing
transit infrastructure.
218.04 MU-TC District: Land Use Controls
In the following schedules, letter designations are used as follows:
"P" designates use classifications permitted in MU-TC district.
"PC" designates use classifications permitted on approval of a conditional use permit by
the Planning Commission.
"ZA" designates use classifications permitted on approval of a conditional use permit by
the Zoning Administrator.
Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional
Provisions" column refer to provisions following the schedule or located elsewhere in the
Zoning Ordinance. Where letters in parentheses are opposite a use classification heading,
referenced provisions shall apply to all use classifications under the heading.
11/12/2008 Page 1
Ordinance No. 3819, Exhibit"A"
MU-TC DISTRICT: P=Permitted
LAND USE CONTROLS PC=Conditional Use Permit approved by Planning
Commission
ZA=Conditional Use Permit approved by Zoning
Administrator
Land Use Additional
Controls Provisions
Residential Uses (A)(l)
Multi-family Residential PC
Public and Semipublic Uses (A)
Clubs and Lodges ZA
Day Care, General ZA
Day Care, Large Family P (C)
Government Offices P
Public Safety Facilities P
Religious Assembly ZA
Schools, Public or Private PC
Commercial Uses (A)(H)(1)
Artists' Studios P
Banks and Savings & Loans P
Catering Services P
Drug Stores/Pharmacy P
Eating and Drinking Establishments P
w/ Alcohol ZA (B)(C)
w/ Live Entertainment ZA
w/ Dancing PC (D)
w/ Outdoor Dining ZA (C)(E)
Food and Beverage Sales P
w/ Alcohol Beverage Sales ZA (B)
Office, Business and Professional P
Park and Recreational Facilities P
Parking PC (F)
Personal Enrichment Services P (C)
Personal Services P
Retail Sales P (G)
Visitor Accommodations PC
MU-TC District: Additional Provisions
(A) — All projects in this District shall have both residential and non-residential components. At
least 50 percent of the building fronting public streets at the ground level shall be non-
residential uses. At least 50 percent of the project shall be residential uses.
11/12/2008 Page 2
Ordinance No. 3819,Exhibit"A"
(B) — The following businesses proposing to sell alcoholic beverages for on-site or off-site
consumption are exempt from the conditional use permit process: (i) Retail markets with no
more than 10 percent of the floor area devoted to sales, display and storage of alcoholic
beverages provided the sale of alcoholic beverages is not in conjunction with the sale of
gasoline or other motor vehicle fuel; (ii) Florist shops offering the sale of a bottle of an
alcoholic beverage together with a floral arrangement.
(C)— Neighborhood notification requirements pursuant to Chapter 241.
(D) — See also Chapter 5.28: Dancing Halls and Chapter 5.44: Restaurants — Amusement and
Entertainment Premises.
(E) — Outdoor dining with alcohol sales shall be permitted with a conditional use permit to the
Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall
be permitted with an administrative permit. If over 400 square feet with no alcohol sales,
Neighborhood Notification shall be required pursuant to Chapter 241.
(F) — Stand-alone or other permanent parking structures not ancillary to the permitted uses
listed above. Must demonstrate necessity of use and comply with the requirements in Section
231.18-G (Parking Structures).
(G) — See Section 230.94: Carts and Kiosks
(H) — Development of vacant land or additions of 10,000 square feet or more in building floor
area; or additions equal to or greater than 50% of the existing building's floor area requires
approval of a conditional use permit from the Zoning Administrator. The Planning Director may
refer any proposed project to the Zoning Administrator if the proposed project has the potential
to impact residents or tenants in the vicinity (e.g. increased noise, traffic).
(1)— Projects within 500 feet of a PS District see Chapter 244.
218.06 MU-TC District: Property Development Standards
The following schedule prescribes development standards for MU-TC zoning district
designated on the zoning map. The first column establishes the basic requirements for
permitted and conditional uses. Letters in parentheses in the "Additional Provisions" column
refer to "Additional Development Standards" following the schedule.
The floor area ratio is calculated on the basis of net site area. All required setbacks shall be
measured from ultimate right-of-way and in accordance with the definitions set forth in Chapter
203, Definitions.
11/12/2008 Page 3
Ordinance No.3819,Exhibit"A"
Property Development Standards for MU-TC District
MU-TCD Additional Requirements
Minimum Lot Area (sq. ft.) 43,560
Minimum Lot Width (ft.) 100
Minimum Setbacks
Front (ft) 5 (A)(B)
Side (ft.) 10 (B)
Rear (ft.) 10 (B)
Maximum Height of Structures (ft.) 75 (C)
Maximum Wall Dimensions (D)
Maximum Floor Area Ratio (FAR) 2.35
Minimum Site Landscaping (%) 8 (E)(F)
Minimum Lot Area per Dwelling -
Unit (sq. ft.)
Minimum Residential Floor Area (!)
Maximum Lot Coverage (%) 75
Minimum Open Space 0)
Accessibility within Dwellings (K)
Lighting (L)
Fences and Walls (G)
Off-Street Parking and Loading See Chapter 231 (H)
Outdoor Facilities See Section 230.74
Screening of Mechanical See Section 230.76
Equipment
Antenna See Section 230.80 (M)
Accessory Structures See Chapter 230.08
Refuse Storage Areas See Section 230.78
Underground Utilities See Chapter 17.64
Performance Standards See Section 230.82
Nonconforming Structures See Chapter 236
Signs See Chapter 233 (N)
Building Separations (0)
Building Design Standards (P)
Private Storage Space (Q)
Reciprocal Access (R)
MU-TC District: Additional Development Standards
(A) Multiple street frontage lots shall provide front yards on each frontage.
(B) Projections into Setbacks
(1) See Section 230.68: Building Projections into Yards.
(2) Balconies and bay windows may project into required setbacks and usable open
space areas subject to Section 230.68, provided that balconies have open
railings, glass, or architectural details with openings to reduce visible bulk.
11/12/2008 Page 4
Ordinance No. 3819, Exhibit"A"
Balconies composed solely of solid enclosures are not allowed to project into
required setbacks.
(3) Awnings, canopies, covered walkways, covered patios, and uncovered arcades
with no programmed indoor space may project into required setbacks and usable
open space areas provided that a minimum 5 ft. setback is maintained to the
property line.
(C) Height Requirements. See Section 230.70: Measurement of Height and Section
230.72: Exceptions to Height Limits. A minimum of two stories and a maximum of six
stories shall be allowed.
(D) Maximum Wall Dimensions. All building wall surfaces shall be no longer than 250 feet
without either:
(1) a break, a recess or offset measuring at least 10 feet that vary the depth of the
building wall by a minimum of 4 feet, or
(2) a series of offsets, projections or recesses, including balconies, at intervals of not
more than 40 feet that vary the depth of the building wall by a minimum of 4 feet.
The Director may grant exceptions or allow these standards to be modified for
exceptional or unique structures subject to Design Review, Chapter 244.
(E) Planting Areas: With the exception of sidewalks, driveways, pathways and paved
outdoor seating areas, required front and street side yards shall be planting areas.
(F) Landscape Improvements
(1) All landscape improvements shall comply with Chapter 232 unless otherwise
provided herein.
(2) General Tree Requirements. One 36-inch box tree shall be provided for every 45
lineal feet of street frontage planted within the setback areas adjacent to a street.
In addition, there shall be one 36-inch box tree planted within the common open
space areas for each ground or first level unit. Specimen palms may be
substituted at a ratio of 1/2 foot brown trunk height for one inch of box tree inch
required.
(G) See Section 230.88: Fencing and Yards.
(H) Off-Street Parking and Loading Provisions.
(1) All off-street parking and loading provisions shall comply with Chapter 231 unless
otherwise provided herein. Off-street parking spaces shall be provided in
accordance with the following Schedule A:
11/12/2008 Page 5
Ordinance No. 3819, Exhibit"A"
OFF-STREET PARKING SPACES REQUIRED IN MU-TCD ZONE: SCHEDULE A
Use Classification Spaces
Residential
Studio 1 space per unit
one bedroom 1 space per unit
two bedrooms 2 spaces per unit
three or more bedrooms 2.5 spaces per unit
Guests 1 space per 5 units
Commercial Per Chapter 231
Public and Semi-Public Per Chapter 231
(2) Compact parking spaces may be allowed but not to satisfy the minimum parking
requirements.
(3) Up to twenty percent (20%) of required parking may be provided by tandem
spaces subject to conditional use permit approval. Each tandem space shall be
counted as one-half space for purposes of determining the number of parking
spaces that are provided.
(1) Minimum Floor Area. Each dwelling unit in a mixed-use building shall have the minimum
floor area of 500 square feet.
(J) Open Space Requirements.
(1) The minimum open space area (private and common) for mixed-use projects in
the MU-TC District shall be 150 square feet per residential unit. For purposes of
this subsection, open space shall mean an area which is designed and intended
to be used for active or passive recreation. Open space may consist of private
and/or common areas. Parking areas, access aisles, and driveways shall not
qualify as usable open space.
(2) Private Open Space.
(a) Private open space shall be provided in courts or balconies within which a
horizontal rectangle has no dimension less than 6 feet.
(b) Minimum of seventy-five percent (75%) of the dwelling units shall be
provided a minimum of 60 square feet of private open space.
(c) Private open space shall be contiguous to the unit and for the exclusive
use of the occupants. Private open space shall not be accessible to any
dwelling unit except the unit it serves and shall be physically separated
from common areas by a wall or hedge at least 42 inches in height.
(3) Common Open Space.
(a) Common open space, provided by interior side yards, patios, courts, and
terraces, shall be designed so that no dimension is less than 10 feet, shall
be open to the sky, and shall not include driveways or parking areas.
(b) Projects with more than 20 units shall include at least one amenity, such
as a clubhouse, swimming pool, tennis court, volleyball court, outdoor
cooking facility, or other recreation facility. Such common amenity spaces
shall count toward the common open space requirement.
11/12/2008 Page 6
Ordinance No. 3819, Exhibit"A"
(K) All habitable rooms in a dwelling unit shall be accessible from within the dwelling.
(L) Lighting. Lighting shall be provided in all projects along all vehicular access ways and
major walkways. Lighting shall be directed onto the driveways and walkways within the
development and away from adjacent properties. A lighting plan shall be submitted for
approval by the Director.
(M) See Section 230.88: Antennae.
(N) See Chapter 233, Signs—Commercial Districts; for applicable provisions related to
signs in the commercial component of the MU-TC District:
(0) Building Separations. Building separations shall be provided in all mixed-use projects in
the MU-TC District subject to the following requirements:
(1) The minimum building separation shall be not less than 20 feet opposite a
window in a living room and 14 feet opposite a window for any other habitable
room.
(2) The building separation shall be open to the sky. Eaves may project a maximum
2 feet into this area on each side.
(P) Building Design Standards. Buildings in the MU-TC District shall be built in accordance
with the following requirements:
(1) The maximum building length shall be 300 feet except as provided below.
Building length is defined as the total length of a primary building mass lining a
street.
(a) A 20 foot inset of the building plane with pedestrian access may count as
a break in the building length. If the inset varies by floor, then the average
inset shall exceed 20 feet.
(2) The maximum block size shall be 2,400 feet. Block size is a measure of the total
length of the street-fronting property lines along all block faces enclosed within
the nearest surrounding publicly accessible streets.
(Q) Private Storage Space. An average of 50 cubic feet .of private storage space shall be
provided for each residential dwelling unit outside such unit. Such private storage
space shall be fully enclosed and lockable.
(R) Reciprocal Access. Reciprocal ingress/egress access with adjacent properties shall be
provided for all projects.
218.08 Modifications for Affordable Housing
The Planning Commission may approve a conditional use permit modifying the minimum
property development standards in this chapter for affordable housing, as provided in Section
230.14. The proposed modifications shall be requested in writing by the applicant,
accompanied by a detailed pro-forma, rental guidelines, deed restrictions, financial subsidies,
and other types of documentation which will serve to demonstrate the need for a reduction of
11/12/2008 Page 7
Ordinance No. 3819,Exhibit"A"
development standards. Modifications to the standards may include, but are not limited to, the
parking requirements and open space. The specific standard(s) from which the applicant is
requesting relief shall be identified and alternative development standard(s) proposed.
218.10 Sustainable Development
Sustainable or "green" building practices shall be incorporated into the design of the proposed
structures and associated site improvements. Sustainable building practices shall include (but
are not limited to) those recommended by the U.S. Green Building Council's Leadership in
Energy and Environmental Design (LEED) Program certification or Build It Green's Green
Building Guidelines and Rating Systems.
218.12 Review of Plans
All applications for new construction, initial establishment of use, exterior alterations and
additions shall be submitted to the Planning Department for review. Discretionary review shall
be required as follows:
(A) Zoning Administrator Review. Projects requiring a conditional use permit from the
Zoning Administrator; projects on substandard lots; see Chapter 241.
(B) Design Review Board. See Chapter 244.
(C) Planning Commission. Projects requiring a conditional use permit from the Planning
Commission; see Chapter 241.
(D) Proiects in the Coastal Zone. A Coastal Development Permit is required unless the
project is exempt; see Chapter 245.
11/12/2008 Page 8
Ord. No. 3819
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 special
meeting thereof held on November 10,2008, and was again read to said City Council at
a regular meeting thereof held on November 17, 2008, and was passed and adopted by
the affirmative vote of at least a majority of all the members of said City Council.
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, Carchio
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 November 27,2008.
In accordance with the City Charter of said City
Joan L. Flynn, Ci1y Clerk C' Clerk and ex-officio Q erk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California