HomeMy WebLinkAboutCity Council - 2011-57 RESOLUTION NO. 2011-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH WHICH ACKNOWLEDGES RECEIPT OF THE COASTAL
COMMISSION ACTION AND ACCEPTS AND AGREES TO LOCAL COASTAL
PROGRAM AMENDMENT NO. 1-10 AS MODIFIED
WHEREAS, the California Coastal Commission reviewed and approved Huntington
Beach Local Coastal Program Amendment No. 1-10 as modified at the June 15, 2011 Coastal
Commission hearing; and
Section 13537 of the Coastal Commission Regulations requires the local government to
accept and agree to the modifications by resolution within six (6) months, or the certification will
expire; and
Upon the City Council action staff will forward Resolution No. 2011-5 8 for final
Coastal Commission certification.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
That the City Council accepts and agrees to the Coastal Commission's approval of Local
Coastal Program Amendment 1-10 by modifying Specific Plan No. 5 — Downtown Specific Plan
and the General Plan Coastal Element as suggested by the Coastal Commission in document
attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein.
Said suggested modifications shall become effective 30 days after adoption of Resolution No.
2011-5br upon final Coastal Commission certification, whichever occurs latest.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held on the 15 t h day of August , 2011.
0
May r
REVIEW D APPROVED: INITIA D A APPROVED:
City na r Planning and#(uilAiRg6irector
APPROVED AS TO FORM:
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(� City Attorney "rh1 7-
EXHIBIT A: Coastal Commission Action
Resolution No. 2011-57
Exhibit"A" - Resolution No.2011-57
STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY Edmund G.Brown,Jr.,Governor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate,Suite 1000
Long Beach,CA 90802-4302 -�
(562)590-5071 June 23, 2011
Scott Hess
Director of Planning
2000 Main Street RG I�I�D
Huntington Beach, CA 92648 UN 2 8 2011
m apt of F'':.'.Ir i;ilg
ng
Re: Huntington Beach Local Coastal Program (LCP) Major Amendment No. 1-10
Downtown Specific Plan Update
Dear Mr. Hess:
You are hereby notified that the California Coastal Commission, at its June 15, 2011 meeting,
approved City of Huntington Beach LCP Amendment No. 1-10 subject to suggested
modifications. Local Coastal Program (LCP)Amendment No. 1-10 was proposed via City
Council Resolution No. 2009-63. LCP Amendment No. 1-10 deletes the existing, certified DSP
and replaces it in its entirety with the proposed, updated DSP. Changes are also included to
the City's certified Land Use Plan (LUP) to maintain consistency with the changes proposed
within the revised, updated DSP and to update certain text to reflect current circumstances
including approved projects that have been or are in the process of being implemented.
The Commission approved LCPA 1-10 with suggested modifications. Therefore, LCP
Amendment No. 1-10 will not be effective for implementation in the City's coastal zone until: 1)
the Huntington Beach City Council adopts the Commission's suggested modifications, 2) the
City Council forwards the adopted suggested modifications to the Commission by resolution,
and, 3) the Executive Director certifies that the City has complied with the Commission's June
15, 2011 action, and 4) the Executive Director reports his determination to the Coastal
Commission and the Commission concurs. The Coastal Act requires that the City's adoption
of the suggested modifications be completed within six months of the Commission's June 15,
2011 action. However, if need be this deadline may be extended for good cause. Public
Resources Code (PRC) Section 30517 allows the Commission to extend any time limitation
established by Chapter 6 of Division 20 of the PRC, wherein lies Sections 30512 and 30514,
for up to one year. Such an extension must be scheduled for Commission hearing and the
Commission must act on the time extension prior to the six month deadline.
Pursuant to the Commission's action on June 15, 2011, certification of City of Huntington
Beach LCP Amendment No. 1-10 is subject to the attached suggested modifications. As you
are aware, Suggested Modification No. 38 was modified and Suggested Modification Nos. 31
and 32 were deleted at the Coastal Commission hearing. In reviewing the suggested
modifications, we discovered that Suggested Modification No. 30, which references (deleted)
Suggested Modifications 32, should also be deleted. Please note that each of these changes
is reflected in the attached adopted Suggested Modifications.
Exhibit"A" - Resolution No.2011-57
Local Coastal Program Amendment 1-10
Downtown Specific Plan Update
Page 2
Thank you for your cooperation and we look forward to working with you and your staff in the
future. Please call Meg Vaughn or myself at (562) 590-5071 if you have any questions
regarding the modifications required for effective certification of City of Huntington Beach LCP
Amendment No. 1-10.
Sincerely,
Teresa Henr
y
District Manager
cc: Mary Beth Broeren, Planning Manager
Jennifer Villasenor, Senior Planner
HNB LCPA 1-10 DSP Pst act Itr 6.23.11 my
Exhibit"A" - Resolution No.2011-57
SUGGESTED MODIFICATIONS TO THE LUP/IP AMENDMENT
City of Huntington Beach LCP Amendment 1-10
Downtown Specific Plan Update
Adopted by the Coastal Commission at its June 15, 2011 meeting.
Certification of City of Huntington Beach LCP Amendment Request No. 1-10 is
subject to the following modifications.
The Commission's suggested additions are shown in bold, underlined text.
The Commission's suggested deletions are shown in RdeFIined-strike out te)d.
Numbering may be revised as appropriate to accommodate revisions.
LAND USE PLAN ® SUGGESTED MODIFICATIONS
Suggested Modification No. 1
Modify the proposed figure titled "Extract of Figure C-8" in the legend at the
bottom of the figure as follows:
Density Schedule
->30(greater than 30 dwelling units per acre up to the density allowed in the
Downtown Specific Plan, Book 1, Section 3.3.4.7 Maximum Density.)
Suggested Modification No. 2
Modify Table C-2 within the subarea 1 C Downtown Residential (in currently
certified LUP title is "Abutting Downtown Core), under subheading
Density/Intensity as follows:
Category: "530" Up to the density allowed in the Downtown Specific
Plan, Book 1, Section 3.3.4.7 Maximum Density.
Suggested Modification No. 3
Modify Table C-2 within the subarea 3A PCH Frontage, under subheading
Density/Intensity as follows:
Category: ">30" Up to the density allowed in the Downtown Specific
Plan, Book 1, Section 3.3.4.7 Maximum Density.
Suggested Modification No. 4
Exhibit"A" - Resolution No.2011-57
City of Huntington Beach LCP Amendment 1-10
Downtown Specific Plan Update
Adopted Suggested Modifications ,
Page 2
Modify the proposed figure titled "Extract of Figure C-10" (see Exhibit E) such
that the southeast-most extension of subarea 3A along Walnut Avenue ends at
7th Street.
IMPLEMENTATION PLAN
DOWNTOWN SPECIFIC PLAN e SUGGESTED
MODIFICATIONS
BOOK 1
Chapter 1 Introduction:
Suggested Modification No. 'I
In Goal 1.5.1.1 Tourism, on page 1-12, make the following additions:
1.5.1.2 Tourism
Create an environment that promotes tourism to maximize public access and
recreation, increase revenues to support Community services., and transform
the City's economy.
Suggested Modification No. 2
In 1.5.2.5 Objective 3, on page 1-13, make the following changes:
Ensure that adequate parking is available with existing and new development
and is integrated into the framework of pedestrian pathways within the
downtown, taking into account Pacific City and the Strand.
Suggested Modification No. 3
In 1.5.2.6 Objective 3 policies, on page 1-13, make the following changes:
1) Create clear pedestrian linkages from parking areas to core retail areas.
2) Develop a plan to provide a pedestrian link between Pacific City, the
Strand, and existing downtown sites.
3) eyie" Existing parking regulations may be revisited to encourage
consolidation and development of underutilized parcels, while assuring
that public access and recreation are maximized.
Exhibit"A" - Resolution No. 2011-57
City of Huntington Beach LCP Amendment 1-10
Downtown Specific Plan Update
Adopted Suggested Modifications
Page 3
4) Consider all available options for additional parking within the downtown
core.
5) Provide FinhaRge directional signs to inform motorists of available public
parking locations standafds.
6) Simplify+ g the parking regulations
te-be so that they are easily understood by decision-makers, the public,
and the development community.
7) Develop a tracking mechanism that can be modified to track shifts in land
use that affect the parking model.
8) Develop tracking mechanism to monitor the number and use of
available parking spaces.
9) Encourage projects that promote and enhance the availability of
public coastal access and recreation. Developments that have the =
potential to adversely impact public parking available for coastal
access shall be discouraged.
BOOK 1
Chapter 2 Administration:
Suggested Modification No. 4
Section 2.5.6 Special Permit, on page 2-4, modify the third paragraph as follows:
Special Permits shall only be allowed when, in the opinion of the approval
authority , significantly greater
benefits from the project can be provided than would occur if all the minimum
requirements were met. Some additional benefits that 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.
Suggested Modification No. 5
In Section 2.5.6 Special Permit, on.page 2-4, add the following to the bulleted list
of findings that must be made in order to approve a Special Permit (located at the
bottom of page 2-4):
For rehabilitation with less than 10 percent expansion and more than 50 percent
demolished/reconstructed, AND/OR for any expansion of floor area of more than
10 percent, the following applies:
Exhibit"A" - Resolution No.2011-57
City of Huntington Beach LCP Amendment 1-10
Downtown Specific Plan Update
Adopted Suggested Modifications
Page 4
• No adverse impacts to public access, public recreation, public views,
and/or environmentally sensitive habitat areas will result.
Suggested Modification No. 6
Modify Section 2.5.10 Minor Amendments, on page 2-5, as follows:
The Director of Planning may approve minor amendments to plans and/or
conditions of approval as appropriate based on changed circumstances, new
information, or other relevant factors. The Director shall review the proposed
changes for conformance with the intent of the approval authority's
Gornmo inn° OF 7nr,inn Adn* tFatnr'e, action. If the proposed changes are of a
substantial nature, an amendment to the original entitlement reviewed by either
the Dlanninn G9Fnm*ssinn nr 7=9Rinn AdminictratGF may be required pursuant to
HBZSO Sections 241.18 and 245.38. Amendment made by the Director of
Planning may be appealed by the Planning Commission pursuant to HBZSO
Section 248.28. In addition, if a proposed change/amendment to approved
plans and/or conditions affects an approved coastal development permit, a
new coastal development permit or an amendment to the existing coastal
development permit may be required. If the development is appealable to
the Coastal Commission, the requirements of Chapter 245 shall apply.
Suggested Modification No. 7
Modify Section 2.5.11 Nonconforming Uses, on page 2-6, as follows:
All nonconforming uses or structures, or uses which have been abandoned for
more than six months, shall be required to meet all applicable provisions of this
Specific Plan for each of the following scenarios:
1) For rehabilitation with less than 10 percent expansion and less than 50
percent demolished/reconstructed, the following applies:
• An Administrative Permit is required.
• Setbacks are required.
• The amount of existing parking shall be maintained and ism
adequate-. shall be evaluated for adequacy. Additional parking
and/or means of serving the development with alternative
methods of transportation may be required.
• Economic Development review is required.
Exhibit"A" - Resolution No. 2011-57
City of Huntington Beach LCP Amendment 1-10
Downtown Specific Plan Update
Adopted Suggested Modifications
Page 5
• Design Review Board review is required pursuant to Section 2.5.9
Design Review.
If less than 1/3 of the value of the building, no dedications or off-site
improvements in the public right-of-way are required.
• If greater than 1/3 of the value of the building, dedications and off-site
improvements in the public right-of-way are required.
• Public Works Department review is required for water meter upgrade
and backflow protection device requirements.
• A coastal development permit may be required in accordance
with Chapter 245 of the HBZSO.
2) For seismic retrofit or tenant improvement with the same use and no
increase in height or density, the following applies in addition to the above
requirements:
• No CUP is required.
• No setbacks are required.
• If exterior improvements, Design Review Board review is required.
3) For rehabilitation with less than 10 percent expansion and more than 50
percent demolished/reconstructed, AND/OR for any expansion of floor
area of more than 10 percent, the following applies:
• A CUP from the Zoning Administrator is required.
• Setbacks are required.
• Parking shall meet the requirements of this Specific Plan.
• Economic Development review is required.
• Design Review Board review is required pursuant to 2.5.9
• Dedication and off-site improvements in the public right-of-way are
required.
• Public Works Department review is required for water meter
upgrade and backflow protection device requirements.
• A coastal development permit may be required in accordance
with Chapter 245 of the HBZSO.
Suggested Modification No. 8
Modify Section 2.5.12 Appeals, on page 2-7, as follows:
Appeals shall be made pursuant to Chapters 245 and 248 of the HBZSO.
Exhibit"A" - Resolution No.2011-57
City of Huntington Beach LCP Amendment 1-10
Downtown Specific Plan Update
Adopted Suggested Modifications
Page 6
Suggested Modification No. 9
DSP Book I, Chapter 2, Page 2-7: Add the following new section:
2.5.13 Other Review Procedures
The City shall be responsible for assessing the effectiveness of the parking
requirements contained within Section 3.2.26 of this Specific Plan to
ensure that an adequate amount of parking is provided to serve the
anticipated development while maintaining access to the beach and other
visitor amenities. Upon completion of construction of up to a maximum of
150,000 square feet of net new commercial (retail, restaurant, office)
development in District 1, the City shall conduct a cumulative parking
analysis for all development in District 1 that shall, at a minimum, provide
the following details:
1. A project-level account of the amount, type, and location detailing
all of the following:
a. new (non-hotel) commercial development square footage
constructed within District 1 totaling approximately 150,000
square feet•
b. residential units and hotel rooms constructed within
District 1 since the effective date of the Downtown Specific
Plan Update LCPA 1-10;
c. number of parking spaces required and provided per use
for the 150,000 square feet of new (non-hotel) commercial
development as well as any other parking programs
implemented for each project;
d. number of parking spaces required and provided with each
residential and hotel development;
2. Aparking utilization study and an assessment of parking demand
compared to parking supply for the new development (150,000
square feet of net new (non-hotel) commercial development)
within the District 1 area;
3. A determination of whether adequate parking is available to serve
development in District 1; and
4. If parking is determined to be inadequate to serve the existing
and additional new development in District 1, the parking analysis
shall include recommendations for implementation of additional
measures, programs, or other changes to the Downtown Specific
Plan to ensure that an adequate supply of parking will be
available to accommodate the identified deficiency and any future
development beyond 150,000 square feet. Such measures may
Exhibit"A" - Resolution No.2011-57
City of Huntington Beach LCP Amendment 1-10
Downtown Specific Plan Update
Adopted Suggested Modifications
Page 7
include means of providing additional parking, means of
providing alternate forms of transportation, and/or reductions in
allowable future development within the Downtown Specific Plan
District 1.
5. The recommendations of the parking analysis shall be
implemented through a Local Coastal Program amendment
(LCPA) processed in conjunction with an amendment to the
Downtown Specific Plan. Future development shall not proceed
pursuant to the parking requirements contained in this Specific
Plan until resolution of the measures contained in the LCPA is
final. Any further development proposed prior to completion of
the Downtown Specific and LCP amendments would require
parking consistent with parking ratios specified in Chapter 231 of
the HBZSO and shall accommodate 100% of the required parking
on-site.
The parking analysis shall be completed and a copy forwarded to the
Planning Commission, City Council and the Executive Director of the
California Coastal Commission prior to the approval of any project
proposing new development that would exceed the 160,000 square-foot
new non-hotel, commercial development threshold for District 1.
BOOK 1
Chapter 3 Land Uses & Development Standards:
3.2 GENERAL PROVISIONS
Suggested Modification No. 10
Modify Section 3.2.4 Encroachments, on page 3-4 as follows:
No permanent private encroachment shall occur in the public right-of-way (ROW)
or onto public property unless otherwise approved by the Director of Public
Works and the Director of Planning and Building. Any such encroachment
shall be subject to coastal development permit requirements in accordance
with Chapter 245 of the HBZSO.
Exhibit"A" - Resolution No.2011-57
City of Huntington Beach LCP Amendment 1-10
Downtown Specific Plan Update
Adopted Suggested Modifications
Page 8
Suggested Modification No. 11
Modify Section 3.2.5 Street Vacations, on page 3-4, as follows (re-number as
appropriate):
The following conditions will apply to City vacation of streets and alleys due to lot
consolidation.
1. The City shall review rive analysis of the impacts on circulation
patterns and shall determine whether the vacation will be detrimental.
2. A General Plan conformance analysis shall be completed.
3. Vacations shall be subiect to coastal development permit
requirements in accordance with Chapter 245 of the HBZSO.
4. Vacations may only be approved when public access and public
views are not significantly adversely impacted.
5. State and local code requirements for processing and notifications
shall be met.
6. The cost of relocating all utilities and other public improvements shall
be borne by the developer.
7. Any public parking removed must be replaced on a one-for-one basis
9*theF on-site and/or off-site within walking distance of existing the
site prior to removal of the existing parking spaces in accordance
with the coastal zone replacement parking provisions of Section
231.28 of the HBZSO. andler G) +hF()Ugh the iR lieu T e .�,,,,Frt.
Such replacement parking shall be available to the general public
and is in addition to required parking for the proposed use. The
public parking spaces shall be conspicuously posted.
8. Any development proposing the vacation of streets intersecting Pacific
Coast Highway in District 1 shall provide a view corridor that meets the
following criteria:
1) Shall be located between Walnut Avenue and Pacific
Coast Highway
2) Width shall be no less than the former right-of-way
3) No permanently installed solid structures greater than
42" in height shall be allowed within such view corridor.
4) A minimum 10' wide public pedestrian easement shall
be provided through the development generally parallel
to the vacated street.
9. At the discretion of the City Council, all or portions of Main Street
between Pacific Coast Highway and Orange Avenue may be used for
a pedestrian mall, subject to a public hearing, in accordance with
existing State law procedures and subiect to coastal development
permit requirements in accordance with Chapter 246 of the
Exhibit"A" - Resolution No. 2011-57
City of Huntington Beach LCP Amendment 1-10
Downtown Specific Plan Update
Adopted Suggested Modifications
Page 9
HBZSO. Prior to implementation, any on street parking lost shall be
replaced as described in Item 7 above.
Suggested Modification No. 12
Modify Section 3.2.6.1 Alley Vacation/Relocation, on page 3-6, as follows:
Approval of alley vacations aFe allewed 4pag shall be subject to evaluation
and consideration of the following and necessary infrastructure studies
required by the City.
1. The City shall review appeve analysis of the impacts
on circulation patterns and shall determine whether or
not the vacation will be detrimental.
2. A General Plan conformance analysis shall be
completed.
3. Alley vacations are subject to coastal development
permit requirements in accordance with Chapter
245 of the HBZSO.
4. Significant adverse impacts to public access are
prohibited.
5. State and local code requirements for processing and
notifications shall be met.
6. The cost of relocating all utilities and other public
improvements shall be borne by the developer.
7. An alley may be shifted or relocated upon the condition
that any items (e.g. parking, service/loading areas,
utilities and infrastructure) located within the alley are
relocated along with vacating and dedicating the new
alley.
Suggested Modification No. 13
Modify Section 3.2.8 Exceptions to Height Limits, on page 3-7, as follows:
Chimneys, vent pipes, cooling towers, flagpoles, towers, spires, domes, cupolas,
parapet walls not more than 4' high, water tanks, fire towers, fly towers
associated with performing arts theaters, transmission antennae (including
wireless communication facilities), radio and television antennas (except satellite
dish antennae), and similar structures and necessary mechanical appurtenances
(except wind-driven generators) may exceed the maximum permitted height in
the district in which the site is located by no more than 10'. Thrnc-cv"rrirra
Exhibit"A" - Resolution No.2011-57
City of Huntington Beach LCP Amendment 1-10
Downtown Specific Plan Update
Adopted Suggested Modifications
Page 10
--
Adverse impacts to public views shall be minimized.
Suggested Modification No. 14
Modify Section 3.2.22.1 General Sign Standards, on page 3-17, as follows:
Add to the list:
Signs that limit public access or recreation are not permitted except in
instances where such signage is necessary to implement restrictions to
protect public safety where no other feasible alternative exists to provide
public safety, and shall be reviewed in conjunction with the coastal
development permit for said restrictions.
Suggested Modification No. 15
Following Section 3.2.26.1 General Parking Requirements, on page 3-26, add
the following new subsection as #3 to Section 3.2.26.1 (re-number as
appropriate):
Section 3.2.26.1
3. The implementation of restrictions on public parking along public
streets that would impede or restrict public access to beaches and/or other
visitor serving amenities (including, but not limited to, the posting of"no
parking" signs, red curbing, physical barriers, and preferential parking
programs) shall be prohibited except where such restrictions are needed
to protect public safety and where no other feasible alternative exists to
provide public safety. Prior to implementing restrictions on public parking
along public streets, the public safety concerns justifying such restrictions
shall be on-going and clearly documented by the City in a manner
consistent with the City's standard procedures for documenting public
safety concerns. Where restrictions are imposed, an equivalent number of
new public parking spaces shall be provided within 600 feet of the public
parking restriction as mitigation for impacts to coastal access and
recreation. Such restrictions shall require a coastal development permit in
accordance with Chapter 245 of the HBZSO.
Exhibit"A" - Resolution No.2011-57
City of Huntington Beach LCP Amendment 1-10
Downtown Specific Plan Update
Adopted Suggested Modifications
Page 11
Suggested Modification No. 16
Following the new subsection 3.2.26.1 '/2 (above), on page 3-26,.add the
following new subsections (number as appropriate):
4. Modification of existing, legally established preferential parking districts
shall be subject to coastal development permit requirements in
accordance with Chapter 245 of the HBZSO. Establishment of new
preferential parking districts in the coastal zone shall be prohibited.
5. Coastal development permit applications that include special permit or
variance requests to deviate from off-street parking requirements may be
approved, except that requests that are found to impact public parking
available for coastal access shall not be granted.
6. Changes to parking hours and/or fees for on-street public parking shall
be subject to coastal development permit requirements in accordance with
Chapter 245 of the HBZSO.
Suggested Modification No. 17
On Figure 3-15 Vehicle Spaces Required/Non-Residential Uses (1 of 2), on page
3-27, under Exceptions, modify subsection b as follows:
b) No additional parking shall be required for new development in District
7. However, development that proposes the removal of
existing parking shall provide for the replacement of that parking at a 1:1
ratio within District 7.
Suggested Modification No. 18
Modify Section 3.2.26.5 Bicycles Spaces Required, on page 3-29, as follows:
Bicycle spaces required shall be per Figure 3-16, however, additional bicycle
spaces may be required as deemed necessary during the review process.
Suggested Modification No. 19
Revise Section 3.2.26.9 (Book I, page 3-30) as follows:
3.2.26.9 Other Parking Considerations
Exhibit"A" - Resolution No.2011-57
City of Huntington Beach LCP Amendment 1-10
Downtown Specific Plan Update
Adopted Suggested Modifications
Page 12
A. For projects with 10,000 square feet or more of net new commercial
development that do not propose to provide 100 percent of the
required parking on-site, a parking management plan shall be
submitted. The parking management plan shall identify for
implementation one, all, or a combination of the following parking
strategies:
1. Valet parking.
2 Gemmorni..l pFaj is gr tar n 10 0 et hall submit a
�n���es�ea« fie-feet
(re-number following fast)
3. Valet and/or remote parking for special events and activities and during
the peak summer season.
4. Provision of AppliGant s4al4myide additional on-site and/or off-site
parking for any development.
5. Provision of additional signs consistent with the Downtown Directional
Sign Program to direct motorists to primary parking facilities.
6. Any of the parking strategies described in Chapter 5 of Book II of
this Specific Plan or any strategy that would provide additional
parking spaces or opportunities to ensure that an adequate
supply of parking is available to meet the proiect's parking
demand.
B. For projects that propose to provide 100 percent of the required
parking on-site, the Planning Commission or City Council may impose an
or all of the parking strategies listed above as necessary to avoid
adverse impacts to public access.
Suggested Modification No. 20
Section 3.2.26.11 District 1 Special Parking Standards, on page 3-32 and 3-33,
modify as follows:
1) Parking for residential development shall be provided on-site.
. 2) Parking for hotel, motel, and bed and breakfast development shall be
provided on-site.
3) Commercial development is permitted to satisfy some or all of the
required parking off-site upon approval of a Shared Parking
Agreement pursuant to No. 8 below rr^r,r-0it'GRal Use Dormit by 4e
and is subject to coastal development permit
requirements in accordance with Chapter 245 of the HBZSO. Any
parking not provided on-site or off-site with an approved Shared
Exhibit"A" - Resolution No.2011-57
City of Huntington Beach LCP Amendment 1-10
Downtown Specific Plan Update
Adopted Suggested Modifications
Page 13
Parking Agreement will require the payment of an in-lieu fee
pursuant to No. 7 below.
4) All new development will be required to replace any on-site parking
associated with an existing use to be retained that is lost due to
redevelopment as well as providing any net new parking required.
5) FeF intensifiGatign ef an existing use, only a All net new square footage
shall provide parking as required by this Specific Plan. If 50% or more
of existing square footage is demolished, all replacement square
footage shall provide all required parking consistent with this
Specific Plan. For constrained sites parking may be provided on-
site, off-site with a Shared Parking Agreement per No. 8 below, or
via the In-Lieu Parking Fee program per 7 below. There shall be
no reduction in the number of existing parking spaces for
retained square footage. Existing squaFe feefage is grandfafhererd
RGI1 ding fear down of building sf— narking aoceniafed with this square
. GlOTT79-LG' JGpItfLT,rCi�VTCfT CI717 �ULfTG
6) Vehicular access to parking lots and structures must be taken from an
alley or side street.
7) In-lieu Fee (as described in City Council Resolution No. 2010-49)
i. Participation in the parking in-lieu fee program shall
require approval of a conditional use permit from the
Planning Commission and is subject to coastal
development permit requirements in accordance with
Chapter 245 of the HBZSO.
ii. The parking in-lieu fee amount shall reflect the market-
rate value of constructing the additional parking space,
which shall be established by the City Council.
iii. The parking in-lieu fee may be paid in multiple
installments. The first installment in an amount
established by City Council Resolution for each parking
space shall be paid prior to the issuance of building
permits or a certificate of occupancy, whichever comes
first. Any successive installments shall be paid and
secured by a mechanism established in the conditions.of
approval.
8) Shared Parking Arrangements
Shared parking agreements may be developed if 2 or more land uses
or businesses have distinctly different hours of operation or hours that
do not substantially coincide or overlay with each other (e.g. theater vs.
office). Parking required for a residential use shall not be included in a
shared parking agreement.
Exhibit"A" - Resolution No.2011-57
City of Huntington Beach LCP Amendment 1-10
Downtown Specific Plan Update
Adopted Suggested Modifications .
Page 14
When the above criteria are met, such uses may develop shared
parking agreements to satisfy the parking requirements of this Specific
Plan, subiect to the approval of a Conditional Use Permit by the
Planning Commission and may require a coastal development
permit in accordance with Chapter 245 of the HBZSO and in
accordance with the following:
i. Only 50%a of the required parking may qualify for the
shared arrangement.
ii. A minimum of 50% of the required parking must be
met on-site notwithstanding the parking reduction
provisions of this Specific Plan.
iii. Required parking must be calculated based on the
land use that demands the largest amount of parking.
iv. The shared parking facility must be within a 350'
radius of the subject use. If shared parking spaces
are located on a different lot, approved off-site parking
spaces shall be obtained by a covenant, lease, bond,
or other agreement, acceptable to the City Attorney,
between the owners, and if applicable, the lessees of
the off-site parking spaces and the owners, and if
applicable, the lessees of the subject site.
V. All sites participating in a shared parking
agreement shall be tracked by the City of
Huntington Beach in order to avoid "double
countind" of parking spaces. This shared parking
tracking system shall be available for public
review.
Suggested Modification No. 21
Modify Section 3.2.29 Water Quality, on page 3-34 and 3-35, by adding the
following sentence at the end of the section:
All new development shall be consistent with the water quality
requirements of the General Plan, Local Coastal Program, and the
NPDES (as each may be amended).
3.3 DISTRICT-SPECIFIC PROVISIONS
3.3.1 District 1 — Downtown Core Mixed-Use
Exhibit"A" - Resolution No. 2011-57
City of Huntington Beach LCP Amendment 1-10
Downtown Specific Plan Update
Adopted Suggested Modifications
Page 15
Suggested Modification No. 22
Insert new Figure 3-24 X (re-number as appropriate) following Figure 3-24
Permitted Uses in District 1 (Book 1, page 3-42) depicting the location of the
overlay area where all ground floor square footage is required to be visitor-
serving commercial use. Non visitor-serving uses are permitted only above the
ground floor within this overlay area. The new Figure 3-24 X is attached as
Exhibit F of this staff report.
Suggested Modification No. 23
Modify Figure 3-24 Permitted Uses District 1 (1 of 2), on page 3-41 to add a new
footnote at "Commercial Parking" stating:
Commercial Parking — not permitted on street level, street frontage for
properties fronting Main Street and/or Pacific Coast Highway.
Suggested Modification No. 24
Between Section 3.3.1.13 and Section 3.3.1.14, on page 3-46, add the following
development standard (re-number as appropriate):
3.3.1.13 % Public Views
Development proposals in District 1 located between Pacific Coast
Highway and Walnut Avenue shall include a public view analysis. Setbacks
may be increased and site coverage, density and building heights may be
reduced as necessary to protect public views of the ocean. Provision of
public viewing locations from within a development may be required to
offset adverse impacts of the development proposal on public views of the
ocean.
Suggested Modification No. 25
Modify Section 3.3.1.14 Public Open Space, on page 3-46, as follows:
Public open space shall mean outdoor or enclosed 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: plazas; patios; balconies; gardens
Exhibit"A" - Resolution No.2011-57
City of Huntington Beach LCP Amendment 1-10
Downtown Specific Plan Update
Adopted Suggested Modifications
Page 16
or view areas accessible to the general public; ,
open to the street on the first floor, er on at least one side above the first floor, or
open to the sky.
1) Public open space and pedestrian access shall be required for
development proiects in order to assure a predominantly visitor-
serving, pedestrian orientation.
2) 5% minimum of the gross site area for all non-residential development.
3) Mixed use developments that include residential units may reduce the
public open space to 3% of the net site area but must provide all private
open space as required per Section 3.2.16 Open Space.
4) All exclusively residential development (allowed only in the Lake Street
Overlay area and within the Neighborhood Subdistrict 1 B) shall be
exempt from the public open space requirements but must meet the
requirements found in Section 3.2.16 Open Space.
D 5) arnels within DistFin4 1 hnvinn less than 150' of FtFeet fre Rtage may
v� .
pal_AG ('Grit Highway and Main Street in Whinh ease nrnViSinn 6) helrnu
applies.
6) 30% minimum of the public open space area shall contain landscaping,
including shade trees, accent trees, and other soft landscaping. Hard
surfaced areas and specialty paving shall also be incorporated into the
public open space design.
7) 25% maximum of the required public open space may be provided above
the street level, e.g. balconies, decks, etc. Open space provided above
street level shall be readily, visibly, and obviously accessible to the
general public and public access signage shall be provided.
8) Public plazas are required at the corner of Pacific Coast Highway and
Main Street, which may count toward the public open space requirement.
a. 1,000 square feet minimum area, excluding public right-of-way
b. All paved areas shall be textured.
c. Shall include a sculpture, fountain, information kiosk, public art, or
similar visual amenity, as well as seating.
9) 50% maximum of the public open space area may be used for outdoor
sales as identified in Section 3.2.25. Outdoor Display Areas and Sales
10)Shall not be satisfied through the utilization of parking areas, driveways,
service areas.
11) Shall include seating, as well as other pedestrian amenities, such as
decorative lighting, planters, fountains or water features, distinctive
paving, decorative tiles, public art, landscaping, and bicycle racks.
12) Shall be designed to contribute to real and perceived public safety.
Exhibit"A" -Resolution No.2011-57
City of Huntington Beach LCP Amendment 1-10
Downtown Specific Plan Update
Adopted Suggested Modifications
Page 17
Suggested Modification No. 26
Modify Section 3.3.1.20 Main Street Library Subdistrict 1A, on pages 3-50
through 3-53, as follows:
At the top of page 3-53
5) Parking
a) Shall be provided as required in Section 3.2.26.
3.3.2 District 2—Visitor-Serving Mixed Use
Suggested Modification No. 27
Add new subsection 3.3.2.7 1/2 (re-number as appropriate) as follows:
Development proposals in District 2 shall include a public view analysis.
Setbacks may be increased and site coverage, density and building heights
may be reduced as necessary to protect public views of the ocean.
Provision of public viewing locations from within a development may be
required to offset adverse impacts to public views of the ocean.
Suggested Modification No. 28
Modify Section 3.3.2.13 Public Open Space, on page 3-62, as follows:
Public open space ands pedestrian access shall be required for development
projects in order to assure a predominantly visitor-serving, pedestrian
orientation.
3.3.3 District 3 -Visitor-Serving Recreation
Suggested Modification No. 29
Add new subsection 3.3.3.7 Y2 (re-number as appropriate) as follows:
Development proposals in District 3 shall include a public view analysis.
Setbacks may be increased and site coverage, density and building heights
may be reduced as necessary to protect public views of the ocean.
Exhibit"A" - Resolution No.2011-57
City of Huntington Beach LCP Amendment 1-10
Downtown Specific Plan Update
Adopted Suggested Modifications
Page 18
Provision of public viewing locations from within a development may be
required to offset adverse impacts to public views of the ocean.
Suggested Modification No. 30
Modify Figure 3-44 Permitted Uses District 3 on page 3-70, to include an
additional footnote at "Recreational Facilities" on the list of uses, as follows:
DELETED
Suggested Modification No. 31
Modify Section 3.3.3.13 Public Open Space, on page 3-72, as follows (re-number
as appropriate):
DELETED
Suggested Modification No. 32
After Section 3.3.3.13, on page 3-72, add the following new section
DELETED
3.3.4 District 4 - Established Residential
No Changes.
3.3.5 District 5 — Multi-family Residential
Suggested Modification No. 33
Modify Section 3.3.5.15, on page 3-87, as follows:
A portion of District 5 is designated with a Conservation Overlay. Within this
area, all the following requirements of the Conservation Overlay shall apply.
1) Purpose
The conservation overlay is intended to regulate those areas that
identified as wetlands. The California Department of Fish and Game
(CDFG) identified an area within District 5 as containing 0.8 acres of
Exhibit"A" - Resolution No.2011-57
City of Huntington Beach LCP Amendment 1-10
Downtown Specific Plan Update
Adopted Suggested Modifications
Page 19
existing wetland and 1.4 acres of restorable wetland. This area was
restored in 2004 in conjunction with the Waterfront Residential
development. An existing deed restriction limits, in perpetuity, use of
the area to natural open space for wetland preservation and
restoration uses. The deed restriction runs with the land and shall
not be removed or changed without a coastal development permit
issued by the California Coastal Commission.
3.3.6 District 6— Pier-Related Commercial
Suggested Modification No. 34
Modify the Name of District 6 as follows:
3.3.6 District 6 — Pier & Pier-Related Commercial
Suggested Modification No. 35
Modify Section 3.3.6.1 Purpose, on page 3-91, as follows:
This district is intended to insure that the majority of the pier will remain open
and accessible to the public at all times at no charge for strolling, fishing,
and/or observation. PFGVide fOF G Commercial uses on and alongside the pier
that will enhance and expand the public's use and enjoyment of this area may
also be permitted. Uses are encouraged that capitalize on the views available
from the pier and the unique recreational or educational opportunities it affords.
At the same tilxie, must be eXeFG06ed to iR6uFe that the maiaF P949R of the
Hier,will rem min aanoo ihlo fir. fhe n�ihlin +t nn shame for strnl"m fic hinn nr
absewationcr,o^f ;,P -The main thoroughfare of the pier should remain clear
for public safety.
Suggested Modification No. 36
Modify Section 3.3.6.8 Maximum Building Height, on page 3-94, as follows (re-
number as necessary):
1) 25' and 2 stories above the pier level.
2) 1 story maximum building height on the pier, excluding the end of the pier
caf", t e-p+eF shall be-eae-stem.
3) No maximum building height shall be required for lifeguard towers or other
facilities necessary for public safety, however, adverse impacts to
Exhibit"A" - Resolution No.2011-57
City of Huntington Beach LCP Amendment 1-10
Downtown Specific Plan Update.
Adopted Suggested Modifications
y
Page 20
public views should be avoided to the maximum extent where
feasible.
5) Development proposals shall include a public view analysis.
6) Public views shall be considered and maximized..
Suggested Modification No. 37
Modify Section 3.3.6.13 Public Open Space, on page 3-94, as follows:
Promotion and retention of public open spaces aP4 pedestrian access, and
public views shall be major considerations of development in this district, Free
and clear public pedestrian access along the outer (seaward) perimeter of
the a pier shall be maximized and, at a minimum, a 10 foot wide area shall be
maintained for public access between the outer (seaward) perimeter of the
pier and any development, with the exception of the area of the lifeguard
tower. In particular, the required setback area along the pier's perimeter
shall be maintained at all times at the seaward end of the pier beyond any
outdoor dining or other use that is or may be established.
In addition, Aall new development shall provide sufficient clear width along the
length of the pier for public access and emergency and service vehicles. In
a4ditierp Public walkways along the pier edge or around the perimeter of new
development must be provided.
Suggested Modification No. 38
Add new subsection 3.3.6.14 on page 3-94 as follows:
Any public pier curfew/closure that applies to any portion of the pier which
is over State tidelands and within the Coastal Commission area of original
jurisdiction requires a coastal development permit. Closure to the public of
any portion of the pier inland of the mean high tide line is not encouraged
and requires a coastal development permit which must maintain the
public's right to pain access to State tidelands. Any inland closure shall
provide for continued public access to any portion of the pier over State
tidelands and requires an approved coastal development permit.
Measures that limit public use of the pier shall be limited to those
necessary to address documented public safety events that cause a risk or
Exhibit"A" - Resolution No.2011-57
City of Huntington Beach LCP Amendment 1-10
Downtown Specific Plan Update
Adopted Suggested Modifications
Page 21
hazard to the general public and shall be the minimum necessary to
address the risk or hazard to the general public. The need for continuation
of safety measures that limit public access shall be reassessed on a
periodic basis to assure maximum public access is provided. Limited
duration closures for periodic maintenance (not to exceed one year) are
permissible when approved pursuant to a coastal development permit.
Limited duration closures due to public safety concerns arising from
severe storm events shall be permitted only for the duration of the storm
event and as necessary to effect repairs. An emergency coastal
development permit shall be processed with the California Coastal .
Commission in such cases as soon as the situation permits.
3.3.7 DISTRICT 7 - BEACH
Suggested Modification No. 39
Modify Section 3.3.7.1 Purpose as follows:
This district is intended to preserve and protect the sandy beach area within the
Specific Plan Area boundaries while allowing parking and auxiliary beach-related
commercial and convenience uses. The b9aGh well also be used for speGial
events threwheut the dear UGh a the U.S.C Open of S Ffam the OVD Dro
the pier are also used weekly for a GaFFner ° MaFket and Graft fair Approximately
half of the beach frontage in the district is City beach; the remainder of the beach
frontage is owned by the State of California.
Suggested Modification No. 40
Modify Section 3.3.7.9 Maximum Building Height, on page 3-98 as follows:
20' maximum building height. No maximum building height shall be required for
lifeguard towers or other facilities necessary for public safety. No parking surface
or structure shall exceed the adjacent elevation of Pacific Coast Highway.
Adverse impacts to public views shall be considered and minimized.
i
Exhibit"A" - Resolution No.2011-57
City of Huntington Beach LCP Amendment 1-10
Downtown Specific Plan Update
Adopted Suggested Modifications
Page 22
Suggested Modification No. 41
Add the following language in District 7 Beach, after Section 3.3.7.14 on page 3-
98, as new Section 3.3.7.15 Public Access:
Section 3.3.7.15 Public Access
A. A public beach closure/curfew cannot apply to the area of Coastal
Commission original jurisdiction (State tidelands, submerged lands
and public trust lands) including but not necessarily limited to the
area seaward of the mean high tide line. Public access to the water's
edge and at least 20 feet inland shall be permitted at all times.
Closure to public use of any portion of the beach inland of the mean
high tide line is not encouraged and requires a coastal development
permit which must maintain the public's right to -gain access to State
tidelands. Measures that limit public use of the beach shall be
limited to those necessary to address documented public safety
events that cause a risk or hazard to the general public and shall be
the minimum necessary to address the potential risk or hazard to the
general public. The need for continuation of safety measures that
limit public access shall be reassessed on a periodic basis to assure
maximum public access is provided. Limited closure for beach
maintenance may be allowable pursuant to a coastal development
permit.
B. The implementation of restrictions on public parking along public
streets with the potential to impede or restrict public access to
beaches, trails or parklands, (including, but not limited to, the
posting of"no parking" signs, red curbing, physical barriers, and
preferential parking programs) shall be prohibited except where such
restrictions are needed to protect public safety and where no other
feasible alternative exists to provide public_safety. Where such
Parking restrictions are determined to be necessary due to
demonstrated public safety need with no feasible alternative, they
shall be subject to a coastal development permit in accordance with
Chester 245 of the HBZSO. An equivalent number of public parking
spaces shall be provided as mitigation for impacts to coastal access
and recreation. Replacement public parking spaces shall be located
within the closest, feasible proximity to the spaces lost.
Exhibit"A" - Resolution No.2011-57
City of Huntington.Beach LCP Amendment 1-10
Downtown Specific Plan Update
Adopted Suggested Modifications
Page 23
C. Public recreation and access opportunities at public beaches and
parks shall be protected, and where feasible, enhanced as an
important coastal resource.
D. All beach amenities available to the general public on the City's
public beaches (including those owned and operated by the City and
the State) shall be available to all members of the general public on
an equal basis.
E. Public beaches and parks shall maintain lower-cost user fees and
parking fees, and maximize hours of use to the extent feasible, in
order to maximize public access and recreation opportunities.
Limitations on time of use or increases in user fees or parking fees
shall be subject to coastal development permit requirements in
accordance with Chapter 245 of the HSZSO.
F. No development shall be permitted that would result in the loss of
sandy beach area.
Res. No. 2011-57
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 resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on August 15, 2011 by the following vote:
AYES: Harper, Hansen, Carchio, Dwyer
NOES: Boardman, Shaw
ABSENT: None
ABSTAIN: Bohr
Cit Jerk and ex-officio aerk of the
City Council of the City of
Huntington Beach, California