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Home My WebLink AboutOrdinance #4005 STAFF RECOMMENDATION ORDINANCE NO. 4005 AN ORDINANCE OF THE CITE'COUNCIL OF THE CITE' OF HUNTINGTON BEACH AMENDING SPECIFIC PLAN NO. 5—DOWNTOWN SPECIFIC PLAN (ZONING TEXT AMENDMENT NO. 13-001) 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. 13-001, which amends Specific Plan No. 5 —Downtown Specific Plan to prohibit the sale of alcohol for off-site consumption for any use in District 1 of the Downtown Specific Plan area; 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 Pages 2-12 and 2-13 of Section 2.7 (Eating and Drinking Establishments and Food and Beverage Sales definitions) and Figure 3-23 of Specific Plan No. 5 — Downtown Specific Plan are hereby amended to read as set forth in Exhibit A. SECTION 2. This ordinance shall become effective immediately upon certification by the California Coastal Commission but not less than 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 4th day of November , 2013. iL P�or ATTEST: �;. INITIAT AN APPROVED: City Clerk Director of Planning and Building REVI AND APPROVED: APPROVED AS TO FORM: 4 C* 'an ger C,—�City Attorney Exhibit A: Legislative Draft -Exh,1�jI A z,,;Q Hance. No. 40.05 2 -ADMINISTRATION LEG[SLAT[VE DRAFT - Demolition The deliberate removal or destruction of the frame or foundation of any portion of a building or structure. Director The Director of the Department of Planning or his or her designee, unless otherwise specified. Dwelling, multiple unit A building or buildings designed with two or snore dwelling units Dwelling, single unit A detached building designed primarily for use as a single dwelling, no portion of which is rented ; as a separate unit, expect as permitted by this document. Attached single family dwellings shall be considered as multi-family. Eating and drinking establishments Businesses serving prepared food or beverages for consumption on or off the premises. This use , classification shall prohibit the sale of alcohol for off-site consumption in District:1. Entertainment A single event,a series of events, or an ongoing activity or business, occurring alone or as part of another business,to-which the public is invited to watch, listen, or participate, or is conducted for the purposes of holding the attention of,gaining the attention of, or diverting or amusing guests or patrons,'induding, but not limited to: a. Any amusement or event such%a5live music or other performance which is knowingly permitted,by'any establishment subject to this chapter, including presentations by single or multiple performers,such as hypnotists, pantomimes, comedians,song or dance acts, `plays, eoncerEs, any type of contest;sporting events, exhibitions, carnival or circus acts, demonstrations.of talent or items for gift or sale; shows, reviews, and any other such activity which may be-attended bymembers of the public. ; b. Live or recorded music where public dancing is permitted. c: Any event controlled, conducted,sponsored,`encouraged; or knowingly permitted; 6y an establishment subject to this chapter; which:involves any ofahe activities described in the- foregoing paragraphs which ispresented by members of the public,whether or not the participants in said activities are compensated by the establishment. I - I HUNTINGTON BEACH DOWNTOWN SPECIFIC PLAN NO. 5, 21Zr D01NTOWN 5P1=CI;FIC RLAtda'. -:-- Item 9. - 19 i Ot HB 129 ht-s I' ` Exhibit A - Ordinance No. 4005 n°a ry ._ �-B ' r _ z-ADMINISTRATION . LEGISLATWE DRAFT d. Establishments which provide jukeboxes,televisions,video games, video programs, or recorded music and no other entertainment, as herein defined, are not required to comply with the provisions of this chapter, unless the recorded music.is played on equipment which is operated by an agent or contractor of the establishment for a period exceeding ten minutes per hour. The intent of this section is to require an Entertainment Permit of establishments which provide that which is commonly known as a "DJ"and to exempt establishments which provide incidental-or ambient music. Facade The main face or front of a building. s 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 e R is feet f st ructure can be built on a site. FA n s ware s A umber which indicates how many.square • determined by dividing the gross floor area of all buildings on a lot by the area of that lot. _ Fly tower The structure and rigging behind and above the stage in a performing arts theater. The purpose. of a fly tower is a system to move set pieces, lights, microphones and other equipment on or o.fF stage and to lift or"fly"the scenery above the stage. i Food and beverage sales Retail salesof food and beverages for off-site preparation and consumption.Typical uses include,groceries or delicatessens. Establishments at which 20 percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified j! as Catering.Services or Eating and Drinking Establishments. Food and beverage sales with alcoholic beverage sales shall.mean establishments where more than.ten percent of the floor area is devoted to sales; display and storage of alcoholic beverage(except in District 1 where i the sale of.alcohoi for off-site consumption is prohibited). Fractional ownership hotel Facility providing overnight visitor accommodations where at least some of the guest rooms (units)within the facility are owned.separately by multiple owners on a fractional time basis. A fractional time basis means that an owner receives exclusive right`to.use of the individual unit for a certain quantity of days per year and each unit available for fractional ownership vviil have ' multiple owners: HU.N.TINGTON BEA-CH ;DOW:N'TOWN SP£.CIFIC PLAN N0. 5 DOWNTOWN SPECIFIC PLAN 2-13 Item 9. - 20 t , o xB -1 30-o,a Exh-ibit A - Ord. No. 4005 3 _ LAND USES & -DEVELOPMENT STANDARDS_' Permitted Uses District 1* r rr CUP CUP TUP Use* Permitted Permit from ZA from PC from ZA Accessory dwelling units ✓ Artists' studios' ✓ Banks and savings and loans branch offices Z �/ Carts and kiosks 3 ✓ Commercial parking a ✓ Cultural institutions ✓ Eating and drinking establishments S ✓ . m Eating and drinking establishments, with less than ✓ 1z seats Eating and drinking establishments, with alcohol ✓ i (hours of operation up to 11 pm M-TH and a am Fri-Sun.) Eating and drinking establishments,with alcohol ✓ (hours of operation past 11 pm M-TH and/or tz am Fri-Sun.) Eating and drinking establishments,with dancing ✓ f Eating and drinking establishments, with live ✓ entertainment Food and beverage sales, without alcoholic ✓ beverage sales Health and sports clubs ✓ Home occupations e ✓ 3- Hotels, motels, and bed and breakfasts ✓ Live/work units 7 ✓ Ofi'ices, business and professional a ✓ Personal enrichment services 9 ✓ Personal services ✓ Public facilities ✓ Real estate businesses ✓ Religious assembly ✓ Multi-family housing, apartments, condominiums, and stock-cooperatives(up to 4 units) Multi-family housing, apartments, condominiums, ✓ and stock-cooperatives (more than 4 units) Single-family detached dwellings'° ✓ =: Retail markets with alcohol sales" ✓ Retail sales Figure 3-23 Pennitted Uses Disinci f d 2)` liU;';NTINGY0`N BEACH .DOWNTOW.N1 SPECfFIC: PL:.AN NO; 5 DOWNTOWN SPECIFIC PLAN -a .a HB -131-oaa Item 9. 21 ' _ [ Exhibit A - Ordinance No. 4005 . 3 - LAND USES & DEVELOPMENT STANDARDS LEGISLATIVE DRAFT Permitted Uses District 1* Admin CUP CUP TUP Use* Permitted Permit from ZA from PC from Z Retail sales, outdoor,' Service stations'3 a Theaters Travel services *The sale of alcohol for off-site consumption is prohibited for any use in District 1. 'Must include retail sales 'With no drive through windows and not to exceed 5,000 square feet 3 Pursuant to Section 230.94 of the HBZSO 4 Not permitted on street level, street frontage for properties fronting Main Street and/or Pacific Coast Highway. 5 Pursuant to Section 3.2.24 Outdoor Dining i 6 Pursuant to Section 230.12 of the HBZSO s` I Provided that: • The live/work unit is permitted to be a maximum of 3,000 square feet. • The non-residential area is permitted to be a maximum 50% of the area of each live/work unit. The non-residential area function shall be limited to the first or main floor only of the live-work unit. ;: . . A maximum of 5 non-residential worker or employees are allowed to occupy the non-residential area at any one time. ' Dwelling units that include an office that is less than ten percent of the area of the dwelling unit } shall not be classified as a live/work unit. +` e Pursuant to Section 3.3.1.3. Permitted Uses, items 1), and 2) 9 Not to exceed 5,000 square feet '°That comply with the standards provided in Section 3.3.4• District 4- Established Residential and the standards contained in the Residential Infill Lot Developments Ordinance in Section 230.22 of the HBZSO "Exempting retail markets with no more than io percent of the floor area devoted to sales,display, ' and storage of alcoholic beverages (including florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement), provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. "Pursuant to Section 3.2.25. Outdoor Display Areas and Sales '3 With minimum 14,00o square feet of net lot area, subject to the development standards outlined in Section 230.32 of the HBZSO and located only on Pacific Coast Highway between 7th Street and 9th Street Note: Projects with less than loo'frontage and additions shall require a CUP from ZA. Projects with loo'frontage or•greater shall require a CUP from PC. Figure 3-23 Permitted Uses District 1 (2 of 2) H0NTIN'GT0N "B> A.CH DOWNTOWN SPECIFIC PLAN NO 5 DOWNTOWN SPECIFIC PLAN Item 9. - 22 4 o<xB -13?-j, Ord. No. 4005 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 October 21, 2013, and was again read to said City Council at a Regular meeting thereof held on November 4, 2013, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Hardy, Boardman, Carchio, Shaw, Katapodis NOES: -Harper 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 14,2013. � aJ In accordance with the City Charter of said City Joan L. Flynn. City Clerk Cig�Clerk and ex-officio Volerk senior Deputy City Clerk of the City Council of the City of Huntington Beach, California