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HomeMy WebLinkAboutDowntown Specific Plan Update - Local Coastal Program Amendm City ®f Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING AND BUILDING www.huntingtonbeachca.gov Planning Division Building Division 714.536.5271 714.536.5241 August 22, 2011 Theresa Henry, South Coast District Manager South Coast Area Office California Coastal Commission 200 Oceangate, 1 Oth Floor Long Beach, CA 90802-4302 SUBJECT: HUNTINGTON BEACH LOCAL COASTAL,PROGRAM AMENDMENT NO. 1-10(COASTAL COMMISSION SUGGESTED MOLDIF'ICATIONS) Dear Ms. Henry: On June 15, 2011 the California Coastal Commission approved Local Coastal Program Amendment (LCPA) No. 1-10 with suggested modifications. Pursuant to Section 13544 of the California Code of Regulations, the City of Huntington Beach City Council adopted the suggested modifications on August 15, 2011. Enclosed herewith please find the following, which document the City Council's action: • Resolution No. 2011-57 accepting and agreeing to the modifications suggested by the California Coastal Commission a Resolution No. 2011-58 amending Specific Plan No. 5 —Downtown Specific Plan and the Coastal Element of the General Plan incorporating the modifications suggested by the California Coastal Commission ® Copy of the City Council staff report dated August 15,2011 The City looks forward to receiving certification that the City has adopted the LCPA modifications in accordance with the Coastal Commission's action. If you should have any questions regarding this item,please contact Jennifer Villasenor, Senior Planner at(714)374-1661. S4incer , 'cos, 0;��S Director of Planning and Building Enclosures xc: Joan L.Flynn,City Clerk Mary Beth Broeren,Planning Manager LCPA 08-002 File Council/Agency Meeting Held: Deferred/Continued to: Appro ed LlCondifio all App ove ❑ De'ed City C er s Sign re Council Meeting Date: August 15, 2011 Department ID Number: PL11-011 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Planning and Building SUBJECT: Adopt Resolution Nos. 2011-57 and 2011-58 to accept modifications to Local Coastal Program Amendment No. 1-10 approved by the California Coastal Commission and amend the Local Coastal Program accordingly (Downtown Specific Plan Update) Statement of Issue: Transmitted for your consideration are two resolutions relative to Local Coastal Program Amendment (LCPA) 1-10 regarding the Downtown Specific Plan (DTSP) Update. The resolutions are necessary to formalize the Coastal Commission's action on the subject LCPA by 1) accepting the California Coastal Commission's approved modifications to the LCPA, and 2) approving revisions to the General Plan Coastal Element and Downtown Specific Plan as modified by the Coastal Commission. Staff recommends the City Council I approve the request because the modifications do not change the intent of the City Council's January 2010 approval of the Downtown Specific Plan Update. Financial Impact: Not Applicable. Recommended Action: Motion to: A) Adopt Resolution No. 2011-57 (ATTACHMENT NO. 1), "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;" and, B) Adopt Resolution No. 2011-58 (ATTACHMENT NO. 2), "A Resolution of the City Council of the City of Huntington Beach Amending Specific Plan No. 5 - Downtown Specific Plan and the Coastal Element of the General Plan to Conform to LCP Amendment No. 1-10 Made by the California Coastal Commission." HB -365- Item 22. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 8/15/2011 DEPARTMENT ID NUMBER: PL11-011 Alternative Action(s): The City Council may take the following alternative action(s): "Continue the Modifications to Local Coastal Program Amendment No. 1-10 and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Location: 336-acre Downtown Specific Plan area Local Coastal Program Amendment No. 1-10 is being brought to the City Council for acceptance of the California Coastal Commission's suggested modifications to the Local Coastal Program as they pertain to the Land Use Plan (LUP) and Implementing Ordinances (IP) for the Downtown Specific Plan Update. In approving the LCPA, the Coastal Commission approved four modifications to the City's Coastal Element and 38 modifications to the DTSP. All of the modifications are presented in the approval letter from the Coastal Commission (Attachment No. 3). The process for approving the modifications involves two resolutions in order to: 1) accept and agree to the California Coastal Commission's suggested modifications, and 2) to approve and incorporate the Coastal Commission's modifications into the City's Local Coastal Program (Coastal Element and DTSP). Upon transmittal of Attachments No. 1 and 2 to the Coastal Commission, the Executive Director of the Commission will determine if the City has complied with the Commission's action. The LCPA for the DTSP Update is not effectively certified until such determination is made. B. BACKGROUND: The City Council approved Zoning Text Amendment No. 08-004, General Plan Amendment No. 08-007 and Local Coastal Program Amendment (LCPA) No. 08-002 to update Specific Plan No. 5 — Downtown Specific Plan on January 19, 2010. The LCPA submittal was forwarded to the California Coastal Commission as Local Coastal Program Amendment 1-10 for review and approval in February 2010. On June 15, 2011 the Coastal Commission approved Local Coastal Program Amendment No. 1-10 with suggested modifications, which are discussed in the Analysis section of this report. Section 13537 of the California Code of Regulations states that the local government must accept and agree to the modifications by resolution within six months (by December 15, 2011) of Commission action or the Coastal Commission's approval expires. Item 22. - 2 HB -366- REQUEST FOR COUNCIL ACTION MEETING DATE: 8/15/2011 DEPARTMENT ID NUMBER: PL11-011 C. STAFF ANALYSIS AND RECOMMENDATION City staff has evaluated the approved Coastal Commission modifications as they pertain to the goals and policies adopted by the City Council for the DTSP Update and the vision for the Downtown Specific Plan area. Staff has also evaluated the modifications that may affect the City's ability to effectively manage the DTSP area and its environs. Staff recommends the City Council accept and adopt the modifications approved by the Coastal Commission because the modifications will meet the intent of the goals and policies adopted for the Downtown Specific Plan Update. Land Use Plan The Coastal Commission approved four modifications (Modifications 1 —4) affecting the Land Use Plan of the DTSP Update. All four modifications are intended to clarify Council approvals and do not change any development standards that were adopted as part of the DTSP Update. DTSP, Book I, Chapter 1 — Introduction The Coastal Commission approved three modifications (Modifications 1 — 3) to Chapter 1 of the DTSP Update. The modifications add language to the goals, objectives and policies adopted by the Council for the DTSP Update. The modification language strengthens the City's goal to promote tourism and maximize public access and recreation opportunities as well as policies to ensure that parking will continue to be adequate through the next phase of growth in the DTSP area. These modifications are consistent with existing policies of the Coastal Act and the City's certified Local Coastal Program. DTSP, Book I, Chapter 2 —Administration Modifications 4 — 8 are generally clean-up revisions that function to codify existing requirements and policies the City currently implements for processing and analyzing coastal development permits. Modification 9 requires the City to assess parking conditions once 150,000 square feet of new commercial square footage is constructed pursuant to the DTSP Update. The provisions state that if the parking assessment concludes parking is inadequate, the City would be required to revise the DTSP and implement additional parking provisions and measures to ensure that the supply of parking is sufficient. If the parking assessment indicates parking is adequate, no revisions to the DTSP would be necessary. During the DTSP Update process, the City wanted to remove overly burdensome requirements for detailed block-by-block monitoring and annual parking updates required by the Downtown Parking Master Plan. The modification approved by the Coastal Commission provides much more flexibility for the City to track net new commercial development over the entire District 1 area rather than individual blocks. Upon construction of 150,000 square feet of net new commercial square footage, roughly an amount of commercial square footage equivalent to the Town Square, Plaza Almeria, and Main-Prom developments, as well as the entire third block between Main Street and Third Street from Olive to Orange Avenues, the City would be required to assess parking conditions. City staff believes that this modification presents a good compromise to delete onerous requirements while providing for an additional level of assurance that public coastal access parking will remain adequate through buildout of the DTSP Update. HB -367- Item 22. - 3 REQUEST FOR COUNCIL ACTION MEETING DATE: 8/15/2011 DEPARTMENT ID NUMBER: PL11-011 DTSP, Book I, Chapter 3, General Provisions The Coastal Commission approved 12 modifications in the General Provisions section of Chapter 3. Modifications 10 — 12 reiterate requirements and considerations for permitting encroachments and right-of-way vacations. Modification 13 revises a provision to allow exceptions to height limits for architectural projections and mechanical equipment. This provision was incorporated into the DTSP from the existing Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The Coastal Commission approved allowing a 10-foot exception, as proposed, but deleted an allowance to obtain a conditional use permit from the Zoning Administrator to project beyond the 10 feet. Exceptions to height limit would have to be approved through an administrative permit or variance. Modification 14 restricts signage that would limit public coastal access except in cases where such signage is needed to provide public safety. Staff believes each of these modifications is acceptable and would not be a constraint to potential development opportunities and the growth of the downtown area. Modifications 15 — 20 are related to parking. During the DTSP Update process, the City Council approved a variety of parking related provisions that are intended to incentivize redevelopment in the downtown core area while ensuring that parking will be adequate. The most significant of these provisions included expanding the downtown core area to properties along 5th Street, 3d Street and Pacific Coast Highway and apply shared parking ratios in a larger area than the nine-block area the Downtown Parking Master Plan currently encompasses. The shared parking ratios were also further reduced for restaurant uses at a ratio of eight parking spaces per 1,000 square feet rather than the current requirement of 10 spaces per 1,000 square feet. Another significant change made by the Council was the allowance for projects to provide parking in a tandem configuration. The Coastal Commission approved these changes, but made modifications that would restrict preferential parking districts and other parking controls that have the potential to reduce the availability of public coastal access parking. The Coastal Commission also incorporated an existing provision of the HBZSO for coastal zone replacement parking into the DTSP. Finally, the Coastal Commission modified existing provisions of the DTSP to require a parking management plan for projects with greater than 10,000 square feet of commercial area. Currently, requirements for a parking management plan are generally included through conditions of approval for larger mixed use and commercial projects. The Coastal Commission's parking modifications do not affect the major changes approved by Council for the DTSP Update and are consistent with existing policies of the Coastal Act and the City's certified Local Coastal Program. Modification 21 reiterates compliance with water quality requirements. DTSP, Book I, Chapter 3, District 1 (Downtown Core) The Coastal Commission approved five modifications (Modifications 22 — 26) for District 1 — Downtown Core. The majority of the modifications reiterate or strengthen requirements for public open space, public views and parking requirements consistent with policies of the Coastal Act and the City's certified Local Coastal Program. Modification No. 22 establishes a new Visitor-Serving Commercial Overlay area in the primary visitor-serving area of District 1. This area includes the first block between Pacific Coast Highway and Walnut Avenue from 1st Street to 6th Street as well as the blocks fronting Main Street to Orange Avenue. In the Visitor-Serving Commercial Overlay, all ground floor square footage would be required to have visitor-serving commercial uses only. Currently, the districts of the DTSP include ratios for the amount of visitor-serving commercial square footage that must be provided in a Item 22. - 4 HB -368- REQUEST FOR COUNCIL ACTION MEETING DATE: 8/15/2011 DEPARTMENT ID NUMBER: PL11-011 development relative to the overall square footage. As part of the DTSP Update, the City Council eliminated these ratios and replaced them with a requirement for visitor-serving commercial to be provided along the ground floor street frontage. However, the Coastal Commission was concerned that this would result in a limited amount of visitor-serving commercial uses and that new projects would be developed with primarily office and residential uses. The Coastal Commission suggested the Visitor-Serving Commercial Overlay modification to ensure that visitor-serving commercial uses would remain proportional to other lower priority uses such as residential and office uses in the areas with the highest volume of visitors, closest to the beach and along Main Street. Staff believes this modification is a good compromise and will serve its intended purpose as well as further the goals of the DTSP to promote tourism and become a destination for residents and visitors. DTSP Book I Chapter 3 Districts 2 & 3 (Pacific City Commercial & Waterfront Hotels) Three modifications (Modifications 27 — 29) were approved by the Coastal Commission for Districts 2 and 3. These modifications require new development proposals to submit a public view analysis and codify an existing policy of the City to require view analysis for most large projects. In addition, this modification is consistent with policies of the Coastal Act and the City's certified Local Coastal Program calling for the preservation of public ocean views. These modifications won't affect currently entitled and developed projects. However, any new or significant development in these districts would require implementation of these modifications. It should be noted that the Coastal Commission deleted Modifications 30 — 32, which would have added additional public open space requirements in the Waterfront Hotels district. DTSP, Book I, Chapter 3, District 5 (Waterfront Residential) The Coastal Commission approved one modification (Modification 33) that updates the existing Conservation Overlay section of the Waterfront Residential district. The modification reiterates language of an existing deed restriction over a restored wetland area and does not call for any additional requirements beyond those specified in the recorded deed restriction. DTSP, Book I, Chapter 3, District 6 (Pier) Four modifications (Modifications 34 — 38) were approved by the Coastal Commission for District 6, which includes the pier, pier plaza and two restaurants adjacent to the pier. Although the DTSP Update did not propose changes to the standards of the existing pier district, the Coastal Commission utilized the opportunity to reiterate Coastal Act policies by incorporating modifications to ensure that the pier would provide a sufficient amount of public open space, viewing areas, and recreational opportunities. The Coastal Commission approved one modification (Modification 38) that would require a coastal development permit to establish a curfew on the pier. The modification specifies that a curfew would only be permitted as necessary to address public safety issues or emergencies related to severe storm events. Additionally, closure of the pier must provide for continued public access to the portion of the pier over State tidelands. The City currently implements a pier curfew from midnight until five a.m. and was notified by the Coastal Commission in 2007 that the curfew is subject to a coastal development permit. The City intends to process a coastal development permit for the pier curfew to comply with the Coastal Commission's notice pursuant to the parameters described in Modification 38 to ensure that pier curfew hours provide for the same level of public safety they currently provide. It should be noted, however, that it is currently the City's practice to allow members xB -369- Item 22. - 5 REQUEST FOR COUNCIL ACTION MEETING DATE: 8/15/2011 DEPARTMENT ID NUMBER: PL11-011 of the public that are fishing from the pier to continue this activity beyond the midnight closure. This issue is further discussed in the next section. DTSP, Book I, Chapter 3, District 7 (Beach) Three modifications (Modifications 39 — 41) were approved by the Coastal Commission for the beach district. Modification 39 deleted language referencing various annual beach events that was added to the Purpose section of District 7 during the DTSP Update. The intent of adding the language to the DTSP was solely an attempt to bring the document up to date. However, the Coastal Commission deleted the reference to these events as they are not the primary purpose of the beach district. Modification 40 reiterates Coastal Act policies for minimizing impacts to public views when considering new development on the beach. Modification 41 incorporates a new Public Access section into the provisions of the beach district. Similar to the pier district, the DTSP Update did not propose changes to the beach district when it was presented to the City Council for approval. However, the Coastal Commission approved this modification to ensure that public access and recreation opportunities would be maximized. To that end, the provisions of Modification 41 also require that all beach amenities available to the general public remain available on an equal basis, that beaches and parks maintain lower-cost user fees and parking fees, and require that any parking controls reducing public coastal access parking provide replacement parking spaces within the closest proximity to the spaces that were removed similar to and consistent with existing coastal replacement parking provisions specified in Chapter 231 of the HBZSO. Modification 41 incorporates a requirement for a coastal development permit to establish closure hours for the area of the beach within the City's jurisdiction. Like the pier district, the modification specifies that a beach closure/curfew shall be limited to address public safety and beach maintenance issues and shall maintain access to the water's edge and wet sand area. By way of background and as noted in the previous section, the City received notice from the Coastal Commission in 2007 that a coastal development permit is required for beach curfew hours. The City met with Coastal Commission staff and provided copies of ordinances that established curfew hours for the beach and beach parking lots that pre-date the Coastal Act. The Coastal Commission's staff report for the DTSP Update LCPA acknowledges the City's pre-Coastal Act ordinances. However, the City modified its beach curfew hours after the Coastal Act became effective and consequently, the existing beach and beach parking lot curfews would be subject to a coastal development permit. The provisions of Modification 41, as well as Modification 38, do not specify or approve specific curfew hours. The provisions of both modifications simply specify that: 1) a closure or curfew of the pier and areas of the beach within the City's jurisdiction requires a coastal development permit; and 2) closure shall be the minimum necessary to address public safety and maintenance issues as well as severe storm events. Further details, historical context, and considerations regarding curfew hours for the beach and pier would be addressed when a coastal development permit is processed. D. SUMMARY The four modifications to the certified Land Use Plan (Coastal Element) and 38 modifications to the Implementing Ordinances (DTSP) reiterate and strengthen policies of the Coastal Act. Staff believes that none of the Coastal Commission approved modifications would deter implementation of the DTSP Update as adopted by the City Council for the purpose of Item 22. - 6 xB -370- REQUEST FOR COUNCIL ACTION MEETING DATE: 8/15/2011 DEPARTMENT ID NUMBER: PL11-011 facilitating redevelopment of the DTSP area. In addition, none of the modifications would impair the City's ability to effectively manage the DTSP area and its environs. For these reasons, staff recommends acceptance of the modifications and incorporation into the City's certified Local Coastal Program. Environmental Status: The preparation and approval of Local Coastal Program Amendment No. 1-10 is exempt from the requirements of CEQA, pursuant to Section 21080.9 of CEQA and Sections 15251(f) and 15265 of Title 14, California Code of Regulations. In any event, Local Coastal Program Amendment No. 1-10 is covered by Environmental Impact Report No. 08-001, certified by the City Council on November 2, 2009, in accordance with CEQA requirements. Strategic Plan Goal: Enhance Economic Development Attachment(s): k, —Resolution 1 - e o 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" 2 Resolution No. 2011-58, "A Resolution of the City Council of the City of Huntington Beach Amending Specific Plan No. 5 - Downtown Specific Plan and the Coastal Element of the General Plan to Conform to LCP Amendment No. 1-10 Made by the California Coastal Commission" 3 Coastal Commission Approval Letter for LCPA No. 1-10, received and dated June 28, 2011 4 PowerPoint Presentation xB -3 7 1- Item 22. - 7 ATTACHMENT # 1 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 th day of August , 2011. 0 May r REVIEW D APPROVED: INITIA D A APPROVED: City 1011a r Planning and*i0iftgl5irector APPROVED AS TO FORM: c �-City Attorney !Y11! 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 ,CI'I3 Huntington Beach, CA 92648 JUN 2 g 2011 Pt CIS F"a ling 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 Henry District Manager cc: Mary Beth Broeren, Planning Manager Jennifer Villasenor, Senior Planner HNB LCPA 1-10 DSP pst act Rr 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 16, 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 underi;ned StFike 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: "530" 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 7t" Street. IMPLEMENTATION PLAN DOWNTOWN SPECIFIC PLAN - SUGGESTED MODIFICATIONS BOOK 1 Chapter 1 Introduction: Suggested Modification No. 1 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) Re,�;sk-e Existing parking regulations may be revisited to encourage consolidation and development of underutilized parcels,while assuring that public access and recreation are maximized. I i 9 Exhibit"A" - Resolution No.2011-57 City of Huntington Beach LCP Amendment 1-10 Downtown Specific Plan Update Adopted Suggested Modifications Page 3 E 4) Consider all available options for additional parking within the downtown core. 5) Provide Ewe directional signs to inform motorists of available public parking locations sd-s. 6) Simplify+gg the parking regulationsInn 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 action. If the proposed changes are of a substantial nature, an amendment to the original entitlement ro„io, *d y 'either 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 is �',�-� aft . 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. J i { J Exhibit"A" - Resolution No.2011-57 s City of Huntington Beach LCP Amendment 1-10 Downtown Specific Plan Update Adopted Suggested Modifications 3 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 e_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 proiect-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 arking 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 coniunction 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 Plannina Commission, City Council and the Executive Director of the California Coastal Commission prior to the approval of any proiect proposing new development that would exceed the 150,000 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. t 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 approve 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 subject 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 either 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 n\ ihrnuqh the OR lieu Foe pmgFam. 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 subject to coastal development permit requirements in accordance with Chapter 245 of the Exhibit"A" - Resolution No.201 l-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 allowed 4pep shall be subject to evaluation and consideration of the following and necessary infrastructure studies required by the City. 1. The City shall review appreve 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'. T e-Z-Gnma 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 coniunction 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 500 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 Y2(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 reguests 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. GernrneFGffial prnierAs gFeate than 10,000 square feet shall submit a fre-number following list) 3. Valet and/or remote parking for special events and activities and during the peak summer season. 4. Provision of AppliGant shall pFevide 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 any 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 Planning Gernmis 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 inte%iftatiqR of aR existing use, eRly 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. Fixi Finn square feetage gFandfatheeed existing 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. z 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, subject 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% 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 counting" 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 u 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; and GP8R aiF GGmmeF , 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 projects 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. 6) PaFGels Within DiStFoGt 1 having less than 150' of street frontage r:nay lieu fee, unless the pafr.'�el is leen_a�tead OR eitheF G9FReF Of the iRteFsecAo Donifin Geast Highway and Main Street, in Whioh Gase nrovieion 6) heloi 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. Sugqested 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 Y j 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. oFevide for 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 finq= must be exe:Fr7*sed te ensure that the maier wt*on of the �} r+n nh7rno fnr c+}rnllinn fiohin cr,eniy f -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 cafe, Rd nn .,est of the ,ier-shall e 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 i 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 space.,and 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 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, &all new development shall provide sufficient clear width along the length of the pier for public access and emergency and service vehicles. 4-n 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. events �U YeaF, sun��he U.S.rc-UOven^ of S Ffinn the�A\/P I .-- BeaGh Velleyball tO FRaFnen4 the Shoreline MaFathen the NPP Daintba . 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. Suaaested 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. E 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 3.3.7.16 Public Access: Section 3.3.7.16 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 pain 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 Chapter 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 HBZSO. 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 lerk and ex-officio erk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 RESOLUTION NO. 2011-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SPECIFIC PLAN NO. 5—DOWNTOWN SPECIFIC PLAN AND THE COASTAL ELEMENT OF THE GENERAL PLAN TO CONFORM TO LCP AMENDMENT NO. 1-10 MADE BY THE CALIFORNIA COASTAL COMMISSION WHEREAS, pursuant to the State Planning and Zoning Law, the Huntington Beach City Council has held a public hearing relative to amending Specific Plan No. 5 —Downtown Specific Plan and the General Plan Coastal Element wherein all information presented at said hearing was carefully considered, and after due consideration of the findings and all evidence presented to the City Council, the City Council found that such amendments to Specific Plan No. 5 — Downtown Specific Plan and the General Plan Coastal Element were proper and consistent with the Huntington Beach General Plan and Huntington Beach Local Coastal Program. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: Section 1. The proposed amendments to Specific Plan No. 5 — Downtown Specific Plan and Coastal Element identified in the attached Exhibit A (incorporated by this reference) are hereby adopted and approved. Section 2. This resolution 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 held on the 15th day of August , 2011. D Mayo *REVIEDPROVED: INIT ED ND APPROVED: Planning a d Building Director APPROVED AS TO FORM: City Attorney ('t\V Resolution No. 2011-58 Exhib�t�ZA" - Resolution No.2011-58 COASTAL ELEMENT COMMUNITY DISTRICT AND SUBAREA SCHEDULE TABLE C-2 (continued) Subarea Characteristic Standards and Principles 2 Functional Role Maintain the Huntington Beach Pier and adjacent properties for Pier beach-related recreational purposes, emphasizing its identity as a coastal and cultural amenity. Permitted Uses Category: Commercial Visitor("CV") Visitor-serving commercial (surf, bicycle and skate rentals, bait and tackle shops, etc.), restaurants/cafes, beach-related cultural facilities, and parking lots. Density/Intensity • Pier: limit development to be compatible with the recreational role of the Pier • Shoreline: limit development to the existing Maxwell's building "footprint" • Height: two(2)stories;maximum 35 feet Design and Category: Specific Plan("-sp")and Special Design District("-d") Development • Design structures to reflect its beachfront location. • Establish a unifying architectural character for all structures. • Maintain public view of the ocean. • Maintain public access around the entire perimeter of the pier. • Emphasize the Huntington Beach Pier as a community landmark. • Facilitate pedestrian access. • Link the Pier to the Main Street Downtown"Core"(Subarea IA). 3 Area wide Maintain the "Old Town" residential area as a distinct neighborhood of'the "Old Town" Functional Role City, incorporating local-serving commercial and community"focal"points to enhance its "village" character.. The single,family character of the small lot subdivisions shall be maintained. 3A Permitted Uses Category: Residential High("RH") PCH Frontage Density Category: (">30"—up to the density allowed in the Downtown Specific Plan,Book 1, Section 3.3.4.7 Maximum Density) Design and Category: Specific Plan("-sp")and Special Design District("4') Development © Design multi-family units to convey the visual character of single family units and incorporate extensive mass and facade modulation and articulation. • Site and design development to maintain public views of the coast from public places. THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-37 Exhibit" " - Resolution No.2011-58 Lei COASTAL ELEMENT COMMUNITY DISTRICT AND SUBAREA SCHEDULE TABLE C-2 (continued) Subarea Characteristic Standards and Principles 1C Permitted Uses Category: Residential High("RH") Downtown Residential Density/Intensity Category: —F430"(">30" — up to the density allowed in the Downtown Specific Plan, Book 1, Section 3.3.4.7 Maximum Density) • Height: three(3)stories Design and Categories: Specific Plan("-sp")and Special Design District("-d") Development • Design multi-family units to convey the visual character of single- family units and incorporate extensive mass and fagade modulation and articulation 1D Permitted Uses Category: Mixed Use("M") Downtown Uses permitted in Commercial Neighborhood ("CN") land use categories, Neighbor- cultural and civic, mixed use structures integrating housing and commercial, hood and free-standing single- and multi-family housing. Uses that conflict with residential units should be excluded. Density/Intensity Category: (">30") • Height: three(3)stories Design and Same as Subarea IB Development Categories: Specific Plan ("-sp"), Pedestrian District ("-pd") and Special Design District("-d") • Buildings should be sited and designed to facilitate pedestrian activity • Require that the scale and massing of structures be consistent with the downtown character and serve as a transition to adjacent residential neighborhoods • Provide linkages with the Downtown Core(Subarea IA) IE Permitted Uses Category: Public and Open Space Main Street Uses permitted in public land use categories, cultural and civic uses, open Library space Design and • Require open space areas Development • Provide for preservation of historical structures THE CITY OF HUNTINGTON BEACH GENERAL PLAN IV-C-36 1 Resolution No.2011-58 Proposed Lan Use Plan Changes (Extract of C-8) Downtown Specific Plan Update oases w• � w' o a Atlanta Ave. 0/ �� b i.to W U U CL RH-30-sp N wE s Extract of Figure C-8 Leeend FiDowntown Specific Plan boundary Land Use Desienation Overlay Suffix CV—Commercial Visitor -sp(specific plan overlay) OS-S—Open Space—Shore -pd(pedestrian overlay) M—Mixed Use -d(design overlay) RH—Residential High Density P-Public Density Schedule -F7 (3.0 Floor Area Ratio) ->30(greater than 30 dwelling units per acre up to the maximum allowed in the Downtown Specific Plan,Book I.Section 3.3.4.7 Maximum Densityl -30(30 dwelling units per acre) Le�I's L' I Ve -�'E�`.4�'1- Resolution No.2011-58 Proposed DTSP Subarea designations Extract of Figure C-10 �q 1E 3A �4f 1 1C 1B1 4J r� it 1A D Atlanta Ave. 41 z m r 4C m 4 4J 4D Exhibit"A" - Resolution No.2011-58 Specific Plan No® 5Downtown Specific Plan Legislative ®raft (Note — This document is a text-only draft showing text changes as modified by the California Coastal Commission. Only those figures that were modified by the Coastal Commission are included in this legislative draft.) _)�JxhibR17 - Resolution No.2011-58 Chapter 1 - Introduction 1.1. Purpose and Intent The purpose of the Huntington Beach Downtown Specific Plan No. 5 (hereafter, "Specific Plan") is to create a unique and identifiable downtown for Huntington Beach that capitalizes on the unique location and features of the City's beachside downtown and is an economically vibrant, pedestrian-oriented destination for residents and visitors alike. This 2009 Specific Plan is an update to the 1983 Downtown Specific Plan and is part of a City-lead effort to ensure that planning regulations and guidelines provide direction with flexibility to accommodate both current and future development opportunities in the downtown area. A Specific Plan is a regulatory tool that local governments use to implement the City's General Plan and to guide development in a localized area. While the General Plan is the primary guide for growth and development in a community, a Specific Plan is able to focus on the unique characteristics of a special area by customizing the planning process and land use regulations to that area. A Specific Plan is enacted pursuant to Section 6545o et seq of the California Government Code. An overall goal of the Specific Plan is to promote orderly and viable development that meets the community's vision for the future of the downtown. This Specific Plan provides refinements to existing regulations where necessary to further the community goals and vision. .2. Boundary The Specific Plan covers an area of 336 acres in the traditional and historic heart of the City of Huntington Beach. A detailed description of the exact Specific Plan boundary can be found in Appendix A. Generally, the Specific Plan Area extends from the intersection of Goldenwest Street with Pacific Coast Highway and curves along the coastline, including the Huntington Beach Pier, down to Beach Boulevard. The inland boundary of the Specific Plan Area follows the prolongation of Sunrise Drive from Beach Boulevard to Pacific View Avenue where the boundary curves along Huntington Street and Atlanta Avenue. From Atlanta Avenue, the boundary flows along Orange Avenue and continues up Lake Street to Palm Avenue where it connects over to Main Street and along Pecan Avenue to link down along 6th Street. From 6th Street, following along Walnut Avenue to Goldenwest Street, parcels within the first block adjacent to Pacific Coast Highway are included in the Specific Plan Area. All boundary lines 1-1 Exhibit"A" - Resolution No.2011-58 follow the centerline of the affected street. Figure 1-1 shows the location of the Specific Plan Area within the City of Huntington Beach. .3. Document Organization .3.1. Specific Plan as a Consolidated Document Prior to the adoption of this Specific Plan, development within the Specific Plan Area was subject to several City documents: the Downtown Specific Plan and Parking Master Plan, the Huntington Beach Design Guidelines, and the Huntington Beach Zoning and Subdivision Ordinance (hereafter, "HBZSO"). Each of the above documents independently contain excellent recommendations and direction. The California Chapter of the American Planning Association awarded the Downtown Parking Master Plan an Honorable Mention for a Planning Project (1995) and awarded the Huntington Beach Design Guidelines an Award of Excellence (2001). Additionally, the Downtown Specific Plan helped to create development worthy of a Livable Community Award (1996)from the Southern California Association of Governments and Local Government Association and an American Institute of Architects Orange County Chapter Merit Award for fostering outstanding places in the public realm. This Specific Plan consolidates previous recommendations from several documents with new development standards and guidelines for ease of use. This Specific Plan eliminates the Downtown Parking Master Plan concept and revises and incorporates those standards and policies,as well as new parking standards and strategies, into this Specific Plan document. Also, portions of the Huntington Beach Design Guidelines relevant only to this Specific Plan Area have been removed from that document, updated, and incorporated into this Specific Plan document in Chapter 4. Design Guidelines. Relevant portions of the HBZSO have either been incorporated into this document or are referenced for easy review. �.3.z. Standards vs. Guidelines As this document contains both development standards and design guidelines, it is important to make a distinction between the two types of regulations. 1-2 Exhibit"A" - Resolution No.2011-58 Development standards are mandatory regulations that must be met by all development to which the standards apply.These standards are regulatory tools that are critical to the performance of each use, such as building height, massing, setbacks, build-to lines, required amount of parking, location, etc. In addition to the regulated development standards provisions of this Specific Plan,future development is also directed by design guidelines. Design guidelines are not mandatory requirements, but the guidelines provide a defined framework of design principles that supplement zoning development standards. Design guidelines address such issues as site design; building massing,forms, and articulation;and utilitarian aspects of a building.The guidelines provide direction on the more qualitative aspects of a development project. Projects must meet ALL development standard regulations.The City of Huntington Beach may interpret the design guidelines with some flexibility in its review of specific projects.The guidelines will be utilized during the City's development review process to encourage the highest level of design quality, while at the same time providing the flexibility necessary to encourage creativity on the part of the project designers. All projects will be evaluated on adherence to the development standards and the degree to which substantial compliance with the intent of design guidelines is demonstrated, leading to a recommendation of project approval or denial. ,3.3. Chapter Organization This Specific Plan is organized into two books: Book 1 - Downtown Specific Plan and Book 2- Downtown Specific Plan Guidelines and Strategies. The first book contains the Introduction, Administration, and Land Use and Development Standards sections. This book also serves as the Huntington Beach Local Coastal Program. Book two includes the Design Guidelines, Circulation and Parking, Streetscape and Public Amenities, Infrastructure and Public Facilities, Implementation, and Appendix sections. Book i. Chapter i. Introduction provides an introduction to the Specific Plan effort and contains a summary of existing conditions, community outreach, and a vision for the future. Chapter 2.Administration gives detailed direction for the proper administration of the Specific Plan regulations and provides definitions for terms used within the Specific Plan. 1-3 Exhibit"A" - Resolution No.2011-58 Chapter 3. Land Uses and Development Standards sets forth general provisions for development within the Specific Plan Area and details the permitted land uses and development standards for each district within the Specific Plan Area. Book 2 Chapter 4. Design Guidelines gives design guidelines for development within the Specific Plan on topics such as site planning and design, landscaping, building design, utilities, signs, and special design considerations. Chapter 5.Circulation and Parking details current circulation and parking conditions within the downtown. Enhancements for all modes of transportation, including vehicles, transit, bicycles, and pedestrians, are addressed. Parking strategies for improved parking opportunities are presented. Chapter 6.Streetscape and Public Amenities discusses streetscape improvements for all portions of the Specific Plan Area. Street and sidewalk design, paving patterns, streetscape furnishings, and landscaping materials are detailed. Chapter 7. Infrastructure and Public Facilities addresses essential infrastructure requirements for future development within the Specific Plan Area. Chapter 8. Implementation provides implementation strategies and direction for achieving the goals set forth within this Specific Plan. Appendix. Contains supplemental documentation and technical studies. ,q . Planning Process At the onset of the Specific Plan process, the City of Huntington Beach City Council developed a set of goals and objectives to provide direction for the development of the Huntington Beach Downtown Specific Plan No. 5. An initial part of the Specific Plan process was to develop an understanding of the existing conditions of the Specific Plan Area, which includes understanding the setting and history of the downtown, as well as the existing regulations for the area. Conducting community outreach efforts also helped to gather information about the existing conditions and to gain insight about the local community's concerns and desires for the area. The information gathered helped to establish a set of existing issues on which the Specific Plan 1-4 Exhibit"A" - Resolution No.2011-58 should focus. The next step was to develop a vision for the ideal future conditions in the downtown. From all of these elements,this Specific Plan was created to mold Downtown Huntington Beach into an economically vibrant, pedestrian-oriented area that is attractive to both tourists and local residents. .4.�. Existing Conditions 1.4.1.1. Setting The City of Huntington Beach is located along the Pacific Ocean in northwest Orange County. The City has an area of 28.5 square miles, including 8.5 miles of coastline, and is home to almost 200,00o residents. Huntington Beach has a variety of residential, commercial, and recreational uses surrounding an older downtown core with the Municipal Pier as a focal point. Over the past to to 15 years, new development has occurred in the downtown, but potential remains for a variety of sites and enhanced development in the downtown. This Specific Plan update will consider the newest conditions and will continue to help guide the development of the downtown. The City recognizes that market demand will exert pressure for future development in the downtown. The City must respond to these demands in a manner that will achieve the optimum potential while at the same time protecting the existing character of the downtown core and surrounding neighborhoods. In addition, the City wishes to seize the opportunity to make downtown a vibrant, pedestrian-friendly urban village. The California Coastal Act adds still another set of considerations to the planning process by requiring that certain regional and statewide coastal concerns be included in any plans for the area. 1. .1.2. Existing General Plan Designate Land uses designations for the Specific Plan area were established by the City's Coastal Land Use Plan, which was adopted as part of the City's Coastal Element and became part of the City's General Plan. The Coastal Element used many of the same designations established for other parts of the City; in addition, new designations that more specifically reflect the intent of the State Coastal Legislation were also adopted. The following General Plan land use categories are found within the Specific Plan Area and are illustrated on Figure 1-2. Mixed Use 1-5 Exhibit"A" - Resolution No.2011-58 Mixed-Use Horizontal Mixed-Use Vertical Commercial Visitor Residential High Density Open Space Public , .3. Existing Zoning_Designations The existing zoning for the Specific Plan Area is Specific Plan 5 - Downtown Specific Plan. Within that 1983 Specific Plan, there were 11 separate zoning districts, which are listed below and illustrated on Figure 1-3: District 1 -Visitor-serving Commercial District 2 - Residential District 3 -Visitor-serving Commercial District 4- Mixed-Use; Office Residential District 5 - Mixed-Use; Commercial/Office/Residential District 6 - Mixed-Use; Commercial/Office/Residential District 7 -Visitor-serving Commercial District 8 - High Density Residential ,District 9-Commercial/Recreation District to - Pier-related Commercial District 11 - Beach Open Space The Downtown Specific Plan has been amended several times over the past 25 years;these resolutions and ordinances are listed in Appendix B. 1. . . Community Outreach Ongoing public outreach and participation was a specific concern of the City Council and is an important component for developing this Specific Plan. Outreach efforts focused on issues and opportunities existing in the downtown and recommended goals, policies, and implementation strategies for meeting the vision for the downtown. Outreach through key stakeholder 1-6 Exhibit"A" - Resolution No.2011-58 interviews and public workshops is detailed in Appendix C. Additional outreach was conducted through the methods listed below and the input gathered was incorporated into this Specific Plan. Focus Groups City Website Local News Articles Coastal Commission Coordination Technical Studies: Parking Traffic Economics and Marketing Infrastructure CEQA Event Marketing Study 1.4.3. Existing Issues Through the existing conditions analysis and community outreach efforts, several existing issues were identified. It is the intent of this Specific Plan to address these topics. Parking, the mix of land uses downtown, the lack of pedestrian orientation of some locations, and the desire to expand development past the first three blocks of Main Street are all salient concerns. 1.4.3.1. Seasonality Downtown Huntington Beach experiences different issues depending on the time of year. Peak season for downtown is from Memorial Day weekend to Labor Day weekend, during which the city sees the highest volume of visitors,from both tourists and residents. While weekends during the non-peak season may also experience increased patronage, weekdays during the non-peak season show only moderate visitor volumes. The City wishes to make the downtown a year-round destination for both residents and tourists. The Specific Plan establishes policies that will work to increase the attractiveness of downtown as a year-round destination. 1.4.3.2. Parma Adequate parking is one of the most significant issues for downtown. While parking is usually available during the weekdays in the non-peak season, parking at other times of the year can be difficult to find. This Specific Plan explores a variety of strategies to resolve the parking issue, including new parking structures, a revision of the current parking standards, and information 1-7 Exhibit"A" - Resolution No.2011-58 to direct visitors to parking locations. Refer to Chapter 5. Circulation and Parking for a more detailed discussion. �. �.�. Development Standards There is a desire to create opportunities for additional development downtown. This Specific Plan provides revised standards to encourage the development and redevelopment of these currently under utilized parcels. New development standards encourage a wider mix of uses and provide revised parking requirements. �. q. Mixed-Use Incorporating more mixed-use development within the Specific Plan Area will provide a broader base of residents to mix with the tourists to patronize the downtown retail and restaurant environment year-round and to utilize local office space. Mixed-use development allows all users to accomplish several goals with one trip and decreases the necessity of making multiple transportation trips to multiple destinations. 1.4.13.5. Design Character Existing design regulations encourage adherence to a Mediterranean style of architecture. A desire exists to provide opportunities for a broader interpretation of the Mediterranean architectural style. The revised design guidelines found in this Specific Plan encourage this architectural variation in downtown. 14- . . Pedestrian Environment In addition to issues with parking, development standards, and design guidelines, a focus of concern in the downtown is the pedestrian nature of the area. It is crucial that the downtown be a pedestrian-oriented environment. There is also a desire to minimize the areas of pedestrian and vehicle conflict to direct pedestrian traffic flows away from vehicle traffic flows, as well as a desire to accommodate bicycle interplay. Clear pedestrian and ADA path of travel links from parking areas to core retail areas are important, in the form of enhanced paseos. These links will reduce the number of pedestrians crossing vehicle traffic. ADA compliant sidewalk improvements through enhanced paving materials and street furnishings are also significant portions of this Specific Plan. �. �. Main Street Treatment Main Street will be developed with the atmosphere of an urban plaza, while still remaining open to vehicle traffic. The plaza design elements will create an intimate pedestrian environment that will function whether the street is open to traffic as in normal conditions or whether the street is closed for special events. 1-8 Exhibit"A" - Resolution No.2011-58 1.5s Specific Plan Intent To begin the Specific Plan process,the City Council and City Staff developed a set of goals and objectives for the process to accomplish. Two main goals were developed, one for Vision and Land Use and one for Tourism. From these two goals,three objectives were drawn. Each objective is supported by a collection of policies.The goals, objectives, and supporting policies form the basis for this plan. The vision and supporting guidelines and standards included in the Specific Plan were constructed to build upon the intent of the following. 1.5.1. Goals 1.5.1.1. Vision and Land Use Establish the vision and create a land use plan for reuse of critical parcels so that the next phase of the community investment and improvement can begin. 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. 1.5.2. Objectives and Policies 1.5.2.1. Ob'ecl iye 1 Create a healthy mix of land uses that are geared toward creating an urban village that serves as a destination to both residents and visitors. 1.5.2.2. Objective 1 Policies 1) Establish a well-balanced mix of land uses that includes retail, restaurant, and office uses while limiting alcohol-related uses. 2) Correct prior land use assumptions that were never realized and modify to reflect current market trends. 3) Revise the land use plan to identify locations where public parking should be provided above and beyond code-required parking. 4) Work closely with the Coastal Commission staff and all stakeholders early and throughout the process. 5) Land use regulations shall account for two development scenarios-as a Main Street Promenade or as currently exists. 1.5.2.3 Objective 2 1-9 Exhibit"A" - Resolution No.2011-58 Implement development standards and design guidelines that encourage development of underused parcels with a mix of uses and unique architecture. 1.5.2.4. Objective 2 Policies 1) Implement development standards that encourage mixed-use development. 2) Establish standards and design guidelines that encourage upgrading and/or redevelopment of existing properties. 3) Revise current design guidelines to allow market forces to dictate architecture and form with no specified architectural style. 4) Include "quality standards" that will exchange increased development potential for quality architecture, including green design methods. 5) Create public directional signs to new downtown projects. 6) Development standards and guidelines shall account for the "promenade" scenario. 1.5.2.5. Objective a 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. 1.5.2.6. Objective 3 Policies 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) Revisit parking regulations may be revisited to encourage consolidation and development of underutilized parcels,while assuring that public access and recreation are maximized. 4) Consider all available options for additional parking within the downtown core. 5) Provide Enhance directional signs to inform motorists of available public parking locations standaFds. 6) Simplifying the parking regulations of the n„kVRte" n PaFkiRg Master Plan to be so that yr-c roc-v v vv r-r cv ry r7� 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. 1-10 Exhibit"A" - Resolution No.2011-58 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. �.5.3. Vision Following the existing conditions analysis and initial community outreach efforts,the consultant team developed a vision for the downtown that further defines the intent of the Specific Plan. The vision for the downtown emphasizes the link to the ocean, ocean activities, and the ability of visitors and local residents to coexist and interact with the ocean experience. The special events held on the beach are a special attraction for tourists to Huntington Beach that also draw local residents to the downtown. Creating a link between the downtown and the ocean is a key component of this Specific Plan. The relationship to the ocean establishes a theme to serve as a guideline for new private and public investment in the downtown core. The vision concentrates on the Municipal Pier and the natural extension of the pier down Main Street. An important emphasis of the vision is to extend Main Street inland from the ocean and encourage pedestrian movement from the beach areas along the downtown streets. A major goal of the Specific Plan is to extend the activity from the Pier Plaza area north along Main Street, to draw pedestrian traffic further into the heart of the downtown. By expanding the activity from the pier, the commercial core can become a lively shopping district oriented to pedestrians and offering opportunities to shop, dine, or browse in an ocean- related atmosphere.These improvements will also benefit the local residents of Huntington Beach as the strong pedestrian-orientation makes downtown a destination for locals as well as visitors. Encouraging local residents to partake in downtown activities will also greatly benefit the local businesses in the off-season while intensities in the downtown core area will be buffered with transitional measures as the downtown core merges with the adjacent residential areas. As the downtown core expands outward from Main Street, enhancements to 5th Street as a secondary focal street become an important part of the vision. A strong visual connection between the pier and the cultural arts district will be established through a vibrant streetscape design. The proposed downtown streetscapes are inspired by the ocean with new furnishings 1-11 Exhibit"A" - Resolution No.2011-58 that mimic a sunset over the ocean and unique wave pattern paving that flows along the sidewalks of Main Street. Improving Main and 5th Street with wider sidewalks, streetscape enhancements, improved ADA accessibility, revised development and parking standards, and more opportunities for outdoor dining will create a pleasing&inviting downtown environment for visitors and residents alike. Pedestrian connections within the expanded downtown area will also become significant with the opening of the new Strand and Pacific City developments. The Specific Plan employs design features that will attract pedestrian activity between these two activity centers and the remainder of the downtown. A trolley system is also proposed to reduce individual automobile uses and connect the major activity centers of the beach,the Hilton and Hyatt hotels, Pacific City, the Strand, and the proposed activity center at the north end of Main Street. As activity in the downtown extends further up Main Street past Orange Avenue, an opportunity is created for the north end of Main Street to create a community-oriented cultural activity area, which builds on the preservation and enhancement of the Main Street Branch of the Huntington Beach Public Library and the Huntington Beach Art Center. A cultural arts plaza will incorporate: open green space for pedestrian use and public events; decorative paving along pathways; shade and accent trees, as well as turf areas; street furnishings such as benches and trash receptacles; bicycle parking; and public art. All of these proposed features work together within the Specific Plan to establish a mixed-use urban village with an identity that builds off of the ocean as the downtown's major asset. The following elements are central to the vision for downtown: Creating a successful mixed-use environment that incorporates visitor-serving retail, restaurants, offices and residential development that thrive off of each other. Creating a link between focus points of the Municipal Pier and the cultural arts area at each end of Main Street within the Specific Plan Area. Provide connections to and protect established residential neighborhoods and orienting intensive land uses away from these neighborhoods. Providing view, light, and air corridors to the ocean. Providing a strong link to the ocean for visitors to Huntington Beach. Providing a pedestrian link between the Pacific City and Strand developments. Designing building architecture that reinforces the ocean theme through a variety of Mediterranean styles. 1-12 Exhibit"A" - Resolution No.2011-58 Incorporating brightly colored streetscape elements that relate to the ocean theme in form and shape. Providing bicycle and transit opportunities, including a potential trolley system, and establishing strong pedestrian connectivity. Integrating public open space areas into development proposals in key locations and in conjunction with new development. Providing locations for public parking. Incorporating public direction signs into the downtown streetscape. Establishing a framework of landscaping elements that provide interest and character to specific locations. Provide and maintain a safe environment for everyone. Working closely with the California Coastal Commission staff and stakeholders early and throughout the Specific Plan process. Incorporating environmentally sustainable development practices into new development proposals. . . Downtown Design Concepts Development of the Specific Plan's standards and guidelines were also based on sound planning theories about successful downtown design concepts, such as Smart Growth, New Urbanism, Sustainable Design, and Crime Prevention through Environmental Design. This section lays the foundation for development within the Specific Plan Area by exploring these design concepts. These concepts promote a mix of commercial uses and an appropriate density and diversity of housing types supported by recreational uses within close proximity to each other that induces pedestrian activity and ultimately establishes a sense of community. Over the past few years, sustainable planning and design practices have also become common in the building industry due to the sense of community ideals and quality neighborhoods in which the sustainable practices result. The City of Huntington Beach promotes Smart Growth, New Urbanism,Sustainable Design and Crime Prevention through Environmental Design, design concepts through the development standards, and design guidelines within this document. 1-13 Exhibit"A" - Resolution No. 2011-58 �.6.�. Smart Growth Smart Growth is a concept that describes the efforts of planners, designers, and communities to manage and direct growth in a pattern that reduces environmental degradation and builds livable neighborhoods. Smart Growth advocates believe that compact mixed-use development is necessary to establish environmentally-friendly pedestrian-oriented neighborhoods.A variety of uses (essentially residential, commercial, open space, civic, and institutional) is a critical component of any vibrant community. Mixed-use development provides an opportunity to accommodate many household types and needs. The core principles of Smart Growth, as stated by the Smart Growth Network, include: Mix land uses. Take advantage of compact building design. Create a range of housing opportunities and choices. Create walkable neighborhoods. Foster distinctive, attractive communities with a strong sense of place. Preserve open space, farmland, natural beauty, and critical environment areas. Strengthen and direct development towards existing communities. Provide a variety of transportation choices. Make development predictable,fair, and cost effective. Encourage community and stakeholder collaboration in development decisions. Ultimately, Smart Growth encourages patterns of development that promotes a balanced mix of land uses and a transportation system that accommodates pedestrians, bicycles, transit, and automobiles. 1.6.2. New Urbanism New Urbanism is an urban design movement that was established in the 198os as a basis to promote compact neighborhood designs that reduce automobile dependence and enhance the sense of community. New Urbanism is also referred to as traditional neighborhood design, neotraditional design, and transit-oriented development. New Urbanism is based on traditional urban design principles that stress the importance of establishing a diversified neighborhood 1-14 Exhibit"A" - Resolution No.2011-58 core with a mix of land uses that are well connected and allow for a variety of travel options. New Urbanism promotes streetscapes with grid-like street patterns to relieve congestion, narrow streets to reduce the dominance of the automobile, and buildings with a pedestrian scale. Similar to Smart Growth objectives, New Urbanism principles include designing streets that are pedestrian-oriented. By providing wide sidewalks with landscaped buffers, street trees, and on- street parking a separation is established between the pedestrian and the street traffic,thus make walking safer and more appealing. In addition,the pedestrian experience can be enhanced if site furniture such as benches, bollards,waste receptacles, and other similar elements are well placed.The built environment defines public spaces such as squares, plazas, small parks, and civic institutions that are dispersed in prominent locations throughout the neighborhood. New Urbanism goals include: Identifying a discernible center. Placing most dwellings within a five-minute walk of the center. Providing a variety of dwelling types. Providing a mix of commercial uses that can meet the weekly needs of a household. Placing civic uses and schools within walking distance of most homes. Locating parks and playgrounds near every dwelling. Creating a well connected network of streets and paths that disperse traffic by providing a variety of pedestrian and vehicular routes to any destination. Designing relatively narrow streets shaded by rows of trees. Placing buildings in the neighborhood center close to the street. Locating parking lots and garage doors away from the street. �.G.3. Sustainable Design Sustainable design refers to design and construction practices that significantly reduce or eliminate the negative impacts of development on the environment and its inhabitants.A sustainable design approach can be defined by a variety of green building practices and the availability of pedestrian-oriented amenities. 1-15 Exhibit"A" - Resolution No.2011-58 The essential components that create successful sustainable developments have been identified by the US Green Building Council (USGBC)through their Leadership in Energy and Environmental Design (LEED) programs. The USGBC works to advance structures that are environmentally responsible, profitable, and healthy places to live and work. The LEED programs provide universally accepted tools and performance criteria for creating sustainable development in the United States. LEED addresses several areas of development, such as New Development(ND), New Construction (NC), Existing Buildings (EB), Core and Shell (CS), Commercial Interiors(CI), and Homes. While all types of LEED construction are encouraged within the Specific Plan Area,the LEED-ND program is particularly relevant to development of this Specific Plan. LEED-ND was developed as a tool to gauge the effectiveness of neighborhood design principles similar to those promoted through Smart Growth and New Urbanism. The program recognizes that the layout and design of the built environment influences the way residents and visitors experience a neighborhood and that these features can impact the quality of life and sense of community. According to the USGBC, the benefits of developing a community with the LEED-ND principles include: Reducing urban sprawl. Encouraging healthy living. Protecting threatened species. Increasing transportation choices and decreasing automobile dependence. Following are selected sustainable design criteria developed for the LEED-N D process that are supported by this Specific Plan. Encourage development within and near existing neighborhoods or public transportation infrastructure to reduce vehicle trips and induce pedestrian activity. Encourage new development within and near existing communities in order to reduce multiple environmental impacts caused by sprawl. Conserve natural and financial resources required for construction and maintenance of infrastructure. Promote neighborhoods that are physically connected to each other to foster community and connectedness beyond one individual project. 1-16 Exhibit"A" - Resolution No.2011-58 Preserve community livability,transportation efficiency, and walkability. Design parking to increase the pedestrian orientation of projects and minimize the adverse environmental effects of parking lots by locating parking lots at the side or rear of buildings and leaving building frontages and streetscapes free of parking lots. Provide appealing and comfortable pedestrian street environments in order to promote pedestrian activity. Promote bicycling and transportation efficiency. Encourage the design of projects that incorporate high levels of internal connectivity and the location of projects in existing communities in order to conserve land, promote multi-modal transportation and promote public health through increased physical activity. Provide direct and safe connections,for pedestrians and bicyclists as well as drivers,to local destinations and neighborhood centers. Promote public health by facilitating walking and bicycling. Encourage community participation in the project design and planning and involve the people who live in a community in deciding how it should be improved or how it should change over time. Encourage the design and construction of buildings to utilize green building practices. Encourage the design and construction of energy efficient buildings to reduce air,water, and land pollution and environmental impacts from energy production and consumption. Minimize water use in buildings and for landscape irrigation to reduce the impact to natural water resources and reduce the burden on municipal water supply and wastewater systems. Achieve enhanced energy efficiency by creating the optimum conditions for the use of passive and active solar strategies. Preserve existing tree canopy, native vegetation and pervious surfaces while encouraging high density, smart growth communities. Use recycled materials to reduce the environmental impact of extraction and processing of virgin materials. Minimize light trespass from site, reduce sky-glow to increase night sky access, improve nighttime visibility through glare reduction, and reduce development impact on nocturnal environments. 1.6.4. Crime Prevention Through Environmental Design 1-17 Exhibit"A" - Resolution No.2011-58 Crime Prevention Through Environmental Design, or CPTED, is a concept that encourages the creation of a defensive environment by addressing both physical and psychological aspects of crime by designing a physical environment that positively affects human behavior. The goal of CPTED is to reduce opportunities for crime by utilizing physical design features that discourage crime while encouraging the legitimate use of the environment. CPTED strategies are guidelines anyone, including property owners, developers, and planners, can apply to reduce the opportunity for crime and improve quality of life. CPTED principles can be applied relatively easily and inexpensively to structures and property and are encouraged within the Specific Plan Area. The five overlapping CPTED strategies: Natural Surveillance,Territorial Reinforcement, Natural Access Control, Target Hardening, and Maintenance. 1.6.4.1. Natural Surveillance Natural surveillance is a design concept that ensures potential intruders are easily observable by other individuals in the area. This concept is promoted by features that maximize the visibility of people, parking areas, and building entrances. Examples include featuring doors and windows with views onto streets and parking areas, pedestrian-friendly sidewalks and streets, front porches, and adequate nighttime lighting. .6.4.2. Territorial Reinforcement In this concept, physical design features create a sphere of influence over an area and induce a sense of territorial control in the users of the area. That control is perceived by and discourages potential offenders. Territorial reinforcement is promoted by features that define property lines and distinguish private spaces from public spaces by utilizing landscape plantings, pavement designs, gateway treatments, and specially designed fences. .6.4.3. Natural Access Control Natural Access control features decrease the opportunity for crime by denying access to crime targets and creating a perception of risk in potential offenders. Natural access control is gained by designing streets, sidewalks, building entrances, and neighborhood gateways to clearly indicate public routes and to discourage access to private areas through structural elements. L6.L_ . Target Hardening This concept includes introducing features that prohibit entry or access. Examples are elements such as window locks, dead bolts, and interior door hinges. 1-18 Exhibit"A" - Resolution No.2011-58 .�.4. . Maintenance The maintenance concept is built off of the "Broken Window"theory, which holds that one broken window, or other nuisance, in a neighborhood indicates a lack of concern by the community and will ultimately lead to a proliferation of broken windows,or other nuisances, in the neighborhood. Neglected and poorly maintained properties indicate less concern and control by the owners and intended users of a property and often feature high crime activity. Care and maintenance of a property allows for the continued use of the space for its intended purpose. 1-19 Exhibit"A" - Resolution No.201 1-58 Chapter2 - Administration 2.1. Introduction This chapter describes the authority of a Specific Plan and the administrative procedures required for amendments and/or modifications to the Specific Plan. A Specific Plan is a regulatory tool that local governments use to implement their General Plan and to guide development in a localized area. While a General Plan is the primary guide for growth and development in a community, a Specific Plan is able to focus on the unique characteristics of a specialized area by customizing the vision, land uses, and development standards for that area. The Specific Plan has been prepared pursuant to Section 6545o et seq of the California Government Code. 2.2. Adoption and Authority This Specific Plan was adopted by City Council Resolution No. 2oo9-61. Adoption of this Specific Plan involved City Council approval of General Plan and Local Coastal Plan amendments. Upon adoption, the Specific Plan and Environmental Impact Report established the land use and supplemental development standards for the Specific Plan Area. 2.3. Severa ility If any section, subsection, sentence, clause, phrase, or portion of this title, or any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title, or any future amendments or additions hereto. The Council hereby declares that it would have adopted these titles and each sentence, subsection, sentence, clause, phrase, or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions thereto may be declared invalid or unconstitutional. 2.4. Relationship to Existing Planning Documents 2-1 Exhibit"A" - Resolution No.2011-58 2.4.7. City of Huntington Beach General Plan The Specific Plan is consistent with and furthers the objectives of the City of Huntington Beach General Plan by providing detailed criteria for the development of specific sites and public improvements. The Specific Plan's vision,goals, and implementation measures are based on direction given in the General Plan.The Specific Plan provides for more precise implementation of the General Plan's goals, objectives, and policies. The Specific Plan has been prepared to reinforce all elements of the General Plan. 2.4.2. City of Huntington Beach Local Coastal Program A Local Coastal Program consists of two parts: 1) A coastal element including policies and a land use plan, and 2) An implementation program with zoning ordinances, zoning district maps, and other implementing actions. The Coastal Element of the Huntington Beach General Plan constitutes Part 1 of the Huntington Beach Local Coastal Program. For the Specific Plan Area,this Specific Plan constitutes Part 2 of the Huntington Beach Local Coastal Program. The Specific Plan has been prepared to reinforce the Coastal Element of the General Plan and provides appropriate implementation actions and zoning standards to regulate the Specific Plan Area. 2.4.3. City of Huntington Beach Zoning and subdivision Ordinance The City of Huntington Beach Zoning and Subdivision Ordinance (HBZSO)consists of land use controls, development standards, and administrative provisions that allow for development in the City. This Specific Plan document is an update to the existing Downtown Specific Plan that customizes the standards and regulations found in the H BZSO to help achieve the vision for the downtown. The Specific Plan provisions shall take precedence over the requirements of the HBZSO. If not specifically addressed in this Specific Plan, the applicable provisions of the HBZSO and Huntington Beach Municipal Code shall apply. 2.5, Procedures Established This chapter establishes procedures for approval, conditional approval, or denial of applications for coastal development permits, administrative permits, conditional use permits, special permits, variances, temporary use permits, and design review. 2-2 Exhibit"A" - Resolution No.2011-58 2.5.1. Coastal Development Permit Developments within the Specific Plan Area will be subject to the requirements pertaining to Coastal Development Permits(CDP) in the Local Coastal Program Implementing Ordinances, in addition to the other provisions of Chapter 245 of the HBZSO. 2.5.2. Permitted Uses Permitted uses shall be established in each District and shall be required to meet all applicable provisions of this Specific Plan. 2.5.3. Administrative Permit Uses requiring Administrative Permits shall be established in each District and shall be required to meet all applicable provisions of Chapter 241 of the HBZSO. In addition, administrative permits shall be required for a Waiver of Development Standards pursuant to Section 241.22 of the HBZSO, Accessory Dwelling Units pursuant to Section 230.10 of the HBZSO and additions (<10%)to Nonconforming Structures/Uses pursuant to Section 2.5.11 of this Specific Plan. 2.5.4. Conditional Use Permit to the Zoning Administrator Uses requiring Conditional Use Permits from the Zoning Administrator shall be established in each District and shall be required to meet all applicable provisions of Chapter 241 of the HBZSO. 2.5.5. Conditional Use Permit to the Planning Commission Uses requiring Conditional Use Permits from the Planning Commission shall be established in each District and shall be required to meet all applicable provisions of Chapter 241 of the HBZSO. 2.5.6. Special Permit The Specific Plan development standards are designed to encourage developments that create an aesthetically pleasing appearance, enhance the living environment, and facilitate innovative architectural design and adaptation of the development to the unique surrounding environment. 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 2-3 Exhibit"A" - Resolution No.2011-58 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 approval authority_ g 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. The developer shall request a Special Permit at the same time as the filing of any required project applications 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: Promote better living environments; and Provide better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design; and 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 Be consistent with objectives of the Downtown Specific Plan in achieving a development adapted to the terrain and compatible with the surrounding environment; and Be consistent with the policies of the Coastal Element of the City's General Plan and the California Coastal Act; and Comply with State and Federal law. No adverse impacts to_.public access._Dublicrecreation,_publ_iC views, and/or environmentally sensitive habitat areas will result. 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, 6, or 7. 2.5.7. Variances 2-4 Exhibit"A" - Resolution No.2011-58 Variances may be granted to resolve practical difficulties or unnecessary physical hardships that may result from the size, shape, or dimensions of a site or the location of existing structures thereon;from geographic,topographic, or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site. Variance procedures shall be conducted pursuant to Chapter 241 of the HBZSO. 2.5.8. Temporary Use Permit Uses requiring Temporary Use Permits shall be established in each District and shall be required to meet all applicable provisions of Chapter 241 of the HBZSO. 2.5.9. Design Review Design review is required for all new construction, additions equal to or greater than 50 percent of the existing floor area,facade improvements/remodels, and new signs not already covered by a sign program. Signs that are not subject to requirements for a planned sign program as specified in Section 3.2.21 that comply with the design guidelines shall not require design review. Single-family residential uses shall not require design review. The Director may refer any project to the Design Review Board. 2.5.10. Minor Amendments 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 PlanRiRg Cernmission's eF ZORiRg Administrat action. If the proposed changes are of a substantial nature, an amendment to the original entitlement d rninistFa ter may be required pursuant to HBZSO Section 241.18. Amendments 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 app__ro_ved 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 24-5 shall apply. 2.5.11. Nonconforming Uses 2-5 Exhibit"A" - Resolution No.2011-58 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 to 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 is a,.,,rned 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. 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 backf low protection device requirements. A coastal development permitmay_be required in accordance with Chapter 24_5 of the HBZS®. 2) For a 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 io percent expansion and more than 50 percent demolished/reconstructed,AND/OR for any expansion of floor area of more than to 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• 2-6 Exhibit"A" - Resolution No.2011-58 Dedications and off-site improvements in the public right-of-way are required. Public Works Department review is required for water meter upgrade and backf low protection device requirements. A coastal development permit ma by a required in accordance with Chapter —45—of the HBZSO. Note: The value of valuation of the building shall be as defined in the building code as adopted by reference by the City of Huntington Beach. Valuation shall be the cumulative valuation of building improvements. Determination of conceptual development scenarios may be modified pending staff review of architectural/structural drawings of the proposed development. 2.5.12. Appeals Appeals shall be made pursuant to Chapters z45_and 248 of the HBZSO. 2.5_.12. 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--!50,00-osqua_r_e_feet_of net new commercial (retail,_restaurant, office) development in District i, the City_ shall conduct a cumulative parking analysis for all development in District 1 that shall, at.a minimum, provide the following details: 1.Aproject-level_account_ of the amount,ty_pe,_ and location detailing alt of_the following: a. new_(non-hotel)_.commercial.__development square footage constructed within District 1 _ totaling_a.pproxim_ at e_ly___150,000_square_feet; b._res_idential units and hotel rooms,constructed within District_1_since_the ______ 2-7 Exhibit"A" - Resolution No.2011-58 effective date of the Downtown Specific Plan Update LCPA -io c. number of parking spaces required and provided per use for the i5o,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; z A parking utilization study and an assessment of parking demand compared to parking supply for the new development (>50,00o square feet of net new (non- hotel) commercial development) within the District ' area; 3 A determination of whether adequate parking is available to serve development in District t; and 4 If_parking is determined to be inadequate to serve the existing and additional new development in District 1, the_parki_ng 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 00o square feet. Such measures may 2-8 Exhibit"A" - Resolution No.2011-58 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 l00% 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 pri_o_r to_the approval of Any project proposing new development that would exceed the 15o,000sq_uare-foot new non-hotel, commercial development threshold for District 1. 2.6. Amendments Amendments to the Specific Plan may be pursuant to Chapter 247 of the HBZSO. 2.7. Definitions The following definitions shall apply to the Downtown Specific Plan. Terms not described herein shall be subject to the definitions contained in the HBZSO. Alley 2-9 Exhibit"A" - Resolution No.2011-58 A public or private way permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting a street. Amendment A change in the wording, context, or substance of this ordinance or a change in the district boundaries on the zoning map. Americans with Disabilities Act (ADA) The Americans with Disabilities Act gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. Architectural projections or appurtenances Features on a building that provide visual variation and/or relief but do not serve as interior or exterior living or working space. Artists' studios Work space for artists and artisans, including individuals practicing one of the fine arts or skilled in an applied art or craft. Banks and financial institutions Financial institutions that provide retail banking services to individuals and businesses.This classification includes only those institutions engaged in the on-site circulation of cash money. Beach area The ocean side of Pacific Coast Highway including the Bluff Top Park area and the Pier. Bed and breakfast inns Establishments offering lodging on a less than weekly basis in a converted single-family or multi- family dwelling or a building of residential design,with incidental eating and drinking service for lodgers only provided from a single kitchen. Bluff top park area That area of improved beach access bounded on the south by gth Street continuing north to the dividing line of Bolsa Chica State Beach. 2-10 Exhibit"A" - Resolution No.2011-58 Bolsa Chica State Beach The area seaward of Pacific Coast Highway extending from Seapoint Street northwest to Warner Avenue. The portion of this beach from the pier to Goldenwest Street is within the boundary of the Huntington Beach Downtown Specific Plan. Bulkhead The portion of the building between the bottom of the storefront window and the adjacent outdoor ground level. Cart/Kiosk Any portable, non-motorized unit used by a vendor as described in Section 230.94 of the H BZSO. Catering services Preparation and delivery of food and beverages for of-site consumption without provision for on-site pickup or consumption. Coastal zone A geographic zone adjacent to the shoreline, the boundaries of which are determined by the California Coastal Act of 1976, as amended. Commercial Darking facility Lots or structures offering short-term or long-term parking to the public for a fee. Common opens ace A usable open space within a residential development reserved for the exclusive use of residents of the development and their guests. Condominium-hotel Facility providing overnight visitor accommodations where ownership of at least some of the individual guest rooms (units) within the larger building or complex is in the form of separate condominium ownership interests, as defined in California Civil Code Section 1351(f). The primary function of the Condominium-Hotel is to provide overnight transient visitor accommodations within every unit that is available to the general public on a daily basis year- round, while providing both general public availability and limited owner occupancy of those units that are in the form of separate condominium ownership interests. Conversion 2-11 Exhibit"A" - Resolution No.2011-58 A change in the original use of land or building/structure. Coverage, lot or site The percentage of a lot or site covered by roofs, balconies,fireplaces, architectural projections, or overhangs extending more than 2.5 feet from a wall, decks more than 42 inches in height above grade, and stairs. Cultural institutions Nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences.This classification includes libraries, museums, and art galleries. Development On land, in or under water,the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste;, grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of the use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act(commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). 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, multi le unit A building or buildings designed with two or more dwelling units. Dwelling, single unit 2-12 Exhibit"A" - Resolution No.2011-58 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. 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, including, but not limited to: a. Any amusement or event such as live 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, concerts, 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 by members of the public. b. Live or recorded music where public dancing is permitted. c. Any event controlled, conducted, sponsored, encouraged, or knowingly permitted, by an establishment subject to this chapter, which involves any of the activities described in the foregoing paragraphs which is presented by members of the public, whether or not the participants in said activities are compensated by the establishment. 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. Feasible 2-13 Exhibit"A" - Resolution No.2011-58 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 (FART A number which indicates how many square feet of structure can be built on a site. FAR is 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 off stage and to lift or"fly"the scenery above the stage. Food and beverage sales Retail sales of 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 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 beverages. Fractional ownershiD 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 will have multiple owners. Frontage The linear length of a building that contains a public entrance or a lot measured along the property line adjacent to a street or easement. Fronting Any lot or portion of a lot which abuts an arterial shall be considered to front on that arterial and shall comply with the required front yard setbacks, whether or not the development on that lot actually takes access from the arterial. Gross floor area 2-14 Exhibit"A" - Resolution No.2011-58 The total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, elevators shafts at each floor level, service and mechanical equipment rooms, and habitable basement or attic areas, but excluding area for vehicle parking and loading. Gross site area The area within the lot lines of a parcel of land before public streets, alleys, easements or other areas to be dedicated or reserved for public use have been deducted. Height of building The vertical distance above the highest adjacent street level measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or the average height of the highest gable of a pitched or hipped roof. Home occupation Business activity conducted in a dwelling unit in a residential district that is incidental to the principal residential use of a lot or site per the requirements of Section 230.12 of the H BZSO. Hotels Establishments offering lodging on a weekly or less than weekly basis. "Suite" hotels may have kitchens in all units.This classification includes eating, drinking, and banquet service associated with the facility. Hotel ownerlperator The entity that owns and operates a hotel. If the hotel operator is separate from the hotel owner, both are jointly and severally responsible for ensuring compliance with the requirements described in this Local Coastal Program and/or recorded against the property, as well as jointly and severally liable for violations of said requirements and restrictions. Infill lot development A lot contiguous to one or more developed parcels, excluding parcels separated by streets, a vacant parcel, or a parcel with an existing residential structure, which will have 50 percent or more square footage of habitable areas removed in order to remodel or construct a detached single-family unit. LandscaDini� 2-15 Exhibit"A" - Resolution No.2011-58 An area devoted to or developed and maintained with native or exotic plantings, lawn, ground cover, gardens, trees, shrubs, other plant materials. Plants on rooftops, porches, or in boxes attached to buildings are not considered landscaping. Limited use overnight visitor accommodations Any hotel, motel, or other similar facility that provides overnight visitor accommodations wherein a purchaser receives the right in perpetuity,for life, or a term of years, to be recurrent, exclusive use or occupancy of a lot, parcel, unit, room(s), or segment of the facility, annually or on some other seasonal or periodic basis,for a period of time that has been or will be allotted from the use or occupancy periods into which the facility has been divided and shall include, but not be limited to Timeshare, Condominium-Hotel, Fractional Ownership Hotel, or uses of a similar nature. Live Woric A live/work unit is a dwelling unit or sleeping unit in which a significant portion of the space includes a non-residential use that is operated by the tenant. 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. If the unit does not comply with the following, it is not considered a live/work unit: a. The live/work unit is permitted to be a maximum of 3,000 square feet. b. The non-residential area is permitted to be a maximum 50 percent of the area of each live/work unit. c. The non-residential area function shall be limited to the first or main floor only of the live- work unit. d. A maximum of five non-residential workers or employees are allowed to occupy the non- residential area at any one time. Mezzanine An intermediate floor within a room containing not more than 33 percent of the floor area of the room. A mezzanine should not be counted as a story for residential projects if the mezzanine complies with the following: a. The mezzanine does not exceed 33 percent of the floor area of the room in which the mezzanine is located and does not exceed 400 square feet in size. b. The mezzanine complies with the California Building Code. 2-16 Exhibit"A" - Resolution No.2011-58 Mini-parks Areas under City ownership used for the purpose of open space, plazas, landscape buffers or public gathering. Motels Establishments offering lodging on a weekly or less than weekly basis. Motels may have kitchens in no more than 25 percent of guest units.This classification includes eating, drinking, and banquet service associated with the facility. Net site or lot area The total horizontal area within the property lines of a parcel of land. All rights-of-way or easements which physically prohibit the surface use of that portion of the property for other than vehicular ingress and egress are excluded. Neighborhood notification Notification process pursuant to Chapter 241 of the HBZSO when no entitlements are required and the use of requires such notification as stated in the HBZSO. Offices, business and professional Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, graphic design, interior design, real estate, insurance, investment, legal, veterinary, and medical/dental offices.This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations. Outdoor dining An area where a cafe/restaurant provides food service on either public right-of-way, city owned open space, or privately owned open space. Patron(s) A member or members of the public who enter any establishment, except as hereinafter provided. "Patron(s)" do not include: a. Any agent, owner, employee or contractor of an establishment subject to this chapter.Any person who indirectly or directly receives anything of value in exchange for his or her services rendered on behalf of such establishment shall be considered an "employee" hereunder. 2-17 Exhibit"A" - Resolution No.2011-58 b. Any agent or representative of any governmental entity of any description whatsoever, including ad hoc boards, task forces, and commissions, provided that such agent or representative enters an establishment, acting in his or her official capacity on behalf of said governmental entity. c. Persons who conduct entertainment at the subject establishment. Performing arts theater The use of a site for presentation of plays, motion pictures, or other dramatic performances within a building. Personal enrichment services Provision of instructional services or facilities, including photography,fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers, reducing salons, yoga or martial arts studios, and massage in conjunction with Personal Services businesses. Personal services Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses,tailors, shoe repair shops, dry-cleaning businesses (excluding large-scale bulk cleaning plants), photo-copying, and self-service laundries. Pier The structure owned by the City that extends from the termination of Main Street at Pacific Coast Highway into the Pacific Ocean 1,966 feet. Pier�lz The area adjacent and contiguous to the pier. Planned unit d velo ent PUD) A large scale development of a parcel or of a combination of related parcels to be developed by a single owner or group of owners acting jointly, involving a related group of uses, planned as an entity and having a predominant developmental feature that serves to unify or organize development. Private access ways Streets and alleys not owned or maintained by the City of Huntington Beach. Private open space 2-18 Exhibit"A" - Resolution No.2011-58 A usable open space adjoining and directly accessible to a dwelling unit, usually in the form of a patio or balcony, and reserved for the exclusive use of residents of the dwelling unit and their guests. Public opens ace Outdoor or unenclosed area on the ground floor or above floor levels designed and accessible for use by the,general public. Public open space may include one of the following: patios; plazas; balconies; gardens or view areas accessible to the general public; and open air commercial space, open to the street on the first floor, or on at least one side above the first floor, or open to the sky. Public right-of-wa That property dedicated through acquisition or easement for the public right-of-way or utility purposes which includes the area spanning from the property line on one side of a street, alley, or utility corridor to the property line on the other side of the same street, alley, or utility corridor. Rakers One or more timbers sloping between the face of the structure to be supported and the ground. Recreational vehicle A travel trailer, pick-up camper or motorized home with or without a mode of power and designed for temporary human habitation for travel or recreational purposes. Redevelopment pro`ect area Redevelopment project areas shall be as defined by the Huntington Beach Redevelopment Agency. Rehabilitation The physical repair, preservation, or improvement of a building or structure. Does not include an expansion of existing floor area greater than ten percent; does not increase the building height; does not result in an increase in permitted density. Religions assembly Facilities for religious worship and incidental religious education, but not including private schools as defined in the HBZSO. 2-19 Exhibit"A" - Resolution No.2011-58 Retail sales The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drug stores, clothing stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items,jewelry, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation). Right-of-way (ROW , That portion of property that is dedicated or over which an easement is granted for public streets, utilities, pedestrian access, or alleys. Roof scuppers Roof scuppers are a device placed in an opening in the wall or parapet that allows water to drain from a roof. Semi-subterranean parking Parking structure that is partially recessed into the development site, and which may or may not support additional structures above (e.g. dwelling units or parking structures). Service stations Establishments engaged in the retail sale of gas, diesel fuel, lubricants, parts, and accessories. This classification includes incidental maintenance and minor repair of motor vehicles, but excluding body and fender work or major repair of automobiles, motorcycles, light and heavy trucks or other vehicles. Setback A line across the front, side, or rear of any private or public property that delineates an area adjoining a property line in which erection of a building, fence, or other structure is prohibited except as otherwise provided in the zoning ordinance. Shoring The process of supporting a structure or excavation in order to prevent collapse. Site coverage 2-20 Exhibit"A" - Resolution No.2011-58 Any part of the site covered by a roof, including covered walkways, patios and carports, shall be included in site coverage. Special sub-surface construction Refers to the products, procedures and results required to provide an adequate tree rooting space that will allow larger trees to be grown in normal tree planting areas and allow the roots from those trees to grow in such a manner that they will not impact the street or infrastructure negatively for an extended period of time. Storm water Best Management Practices (B Methods minimizing the effect of urbanization on site hydrology, urban runoff flow rates or velocities, and pollutant loads. Storm water management Storm water management is the practice of"controlling" runoff generated from a storm event to reduce flood potential and other potential negative implications.Types of"control" measures may include underground storm drain systems of pipes, retention basins, infiltration BMPs, pump stations and channels. Story That portion of a building included between the surface of any floor and the surface of the floor or finished undersurf ace of the roof directly above it. A rooftop deck with walls less than or equal to 42 inches in height and covered access thereto shall not be counted as a story. Suite hotel A building designed for or occupied as a temporary lodging place which contains guest rooms and may contain kitchenettes and a separate living room for each unit. Tieback Horizontal wire or rod used to reinforce retaining walls for temporary or permanent shoring. With one end of the tieback secured to the wall,the other end is anchored to a stable structure, such as a concrete deadman which has been driven into the ground. The tieback-deadman structure resists forces that would otherwise cause the wall or structure to lean. Travel services Establishments providing travel information and reservations to individuals and businesses.This classification excludes car rental agencies. 2-21 Exhibit"A" - Resolution No.2011-58 Ultimate right-of-war The most lateral edge of the area dedicated for street, utilities or alley purposes. Usable open space Outdoor or unenclosed areas on the ground or on a balcony, deck, porch, or terrace that is designed and accessible for outdoor living, recreation, pedestrian access or landscaping. Usable open space does not include parking facilities, driveways, utility or service areas, any required front or street side yard, any space with a dimension of less than 6 feet in any direction or an area of less than 6o square feet. Visitor-serving facilities Public and private developments that provide accommodations,food, and services, including hotels, motels,timeshares, campgrounds, restaurants, retail sales, cultural uses, and amusement areas for tourists. Wetland Lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes,fresh water marshes, open or closed brackish water marshes, swamps, mudflats and fens. 2-22 Exhibit"A" - Resolution No.2011-58 Chapter 3 - Land lases & DevelopmentStandards 3.1. Introduction This chapter provides direction for private property within the Specific Plan Area through regulatory tools and guidelines established to shape development. These tools will help achieve the overall Downtown Huntington Beach vision, and more specifically, will provide refined direction for the types of uses that should occur and how these uses will be allowed to develop in each area of the downtown. The development standards will guide new development as well as the re-use of existing buildings.The provisions of this chapter apply to any addition, exterior remodel, relocation, or new construction requiring a building permit within the City. The 1983 Downtown Specific Plan divided the Specific Plan Area into 11 districts, each with its own set of regulations and standards. Due to development within the Specific Plan Area over the last 25 years, and due to the nature of expected future development, this 2009 Specific Plan has revised the individual district boundaries and updated the development standards. This Specific Plan Area is divided into seven districts based on the characteristics of existing and expected future development. The seven districts are listed below and illustrated in Figure 3-1 on the following page. District 1 - Downtown Core Mixed-Use District 2 -Visitor-Serving Mixed-Use District 3 -Visitor-Serving Recreation District 4- Established Residential District 5 - Multi-family Residential District 6 - Pier District 7 - Beach Some of the development standards apply across all parts of the Specific Plan Area, while other regulations are more specific to a particular district. This chapter first presents standards that are applicable across districts within the Specific Plan Area under Section 3.2. General Provisions. Section 3.3. District-Specific Provisions provides specific requirements for each 3-1 Exhibit"A" - Resolution No.2011-58 district. To use this chapter, one should utilize both the general provisions to determine which standards are applicable to the proposed development, as well as the individual district section in which the proposed development lies. Where the Specific Plan is silent, the provisions of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO)and the Huntington Beach Municipal Code shall apply. If there is a conflict between this Specific Plan and the HBZSO or the Huntington Beach Municipal Code, this Specific Plan shall take precedence. 3.2. General Provisions The following general provisions shall apply to all new development within the entire Specific Plan Area. 3.2.1. Design Guidelines All development shall comply with the spirit and intent of the design guidelines presented in Book 2: Downtown Specific Plan Guidelines and Strategies, Chapter 4, Design Guidelines. 3.2.2. Sustainable Development Sustainable or"green" building practices shall be incorporated into all projects proposing new structures and/or 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. 3.2.3. Multi-Property Consolidations Where property consolidations span more than one district, the requirements of each district shall apply to the portion of the development lying within that district as seen in Figure 3-2. Divisions between districts shall be the center line of the existing or vacated street, alley, or access way. 3.2.4. Encroachments 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 3-2 Exhibit"A" - Resolution No.2011-58 Planning and Building. Any such encroachment shall be subject to coastal development permit requirements in accordance with Chapter 245 of the HBZSO. 3.2.5. Street Vacations The following conditions will apply to City vacation of streets and alleys due to lot consolidation. 1. The City shall review appFOve 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 subject to coastal development permit requirements in accordance with Chapter 24_5 of the HBZSO. 4. Vacations may only be approved when public access and public views are not significantly adversely affected. 53. State and local code requirements for processing and notifications shall be met. 64.The cost of relocating all utilities and other public improvements shall be borne by the developer. 73. Any public parking removed must be replaced on a one-for-one basis eitheF on-site and/or off-site with_i_n_walking distance of the existing site prior to removal of the exist ing_parkingspaces in accordance with the coastal zone_replacement arkin __ rovisions_of Section 2 28 of the HBZSO thre gh in lieu foes. Such P g P 3-�- — replac_e_ment parking shall available_to the_general.publ_ic and_is in addition to required parking for the proposed use. The public parking spaces shall be conspicuously_posted. 86.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 lo' wide public pedestrian easement shall be provided through the development generally parallel to the vacated street. 3-3 Exhibit"A" - Resolution No.2011-58 97. 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 subject to coastal development permit requirements in accordance with Chapter 245 of the HBZSO. Prior to implementation, any on street parking lost shall be replaced as described in Item Z above. 3.2.6. Alleys and Vehicular Access Ways The following standards shall apply to all vehicular access ways and alleys. 1. Access to development shall not be taken directly from Pacific Coast Highway, Main Street, or 5th Street; new driveway or alley curb cuts on these right-of-way are prohibited. 2. Vehicular access shall be limited to the alley where alleys are provided. 3. All alleys not highlighted on Figure 3-3 shall be a minimum of 20'wide and no more than 1/2 of the total alley dedication shall be from one side, as measured from the centerline of the public right-of-way. 4. Figure 3-3 designates the amount of dedication required from each side for alleys within or bordering District 1. All alleys shown on Figure 3-3 shall be 24'wide. 1) For alleys with Even Dedications, no more than 1/2 of the total alley dedication shall be from one side, as measured from the centerline of the public right-of-way. 2) For alleys with Uneven Dedications, an ultimate right-of-way width of 14' shall be dedicated from the existing centerline to the commercial side of the alley and an ultimate right-of-way width of lo' shall be dedicated from the existing centerline to the residential side of the alley. 5. Service or loading areas shall not impede vehicular flow in alleys, and truck deliveries shall not interfere with parking or vehicular travel through alleys. 6. Paving in alleys shall be per Public Works standards. The driving area shall be capable of supporting a fire apparatus (72,000 pounds and 12,000 pound point load). 7. Alleys shall be well lit; landscaping shall remain low, and visibility within and around the alley shall remain open. 3..2.6.1. Alley Vacation Relocation Approval-of Aalley vacations are allowed upen shall_be subject to evaluation and consideration_of the-fol lowing-and necessary infrastructure studies required by the City. 3-4 Exhibit"A" - Resolution No.2011-58 1. The City shall review ap feve 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 24 of the HBZSO. 4. Significant adverse impacts to public access are prohibited. 53. State and local code requirements for processing and notifications shall be met. 64.The cost of relocating all utilities and other public improvements shall be borne by the developer. 75. 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. 3.2.6.2. District 1 Alley Special Paving At areas where alleys intersect with paseos or parking structure entrances and/or exits, as shown in Figure 3-4, the alley paving shall be printed with distinctive patterns reminiscent of the wave pattern incorporated into the downtown sign program, as shown in Figure 3-5, to identify pedestrian links, entrances, and exits along the alleyway. The distinctive paving pattern will indicate to motorists that this is an area where motorists may find pedestrian activity. 3.2.7. Private Access Ways Private access ways shall be developed pursuant to Chapter 231 of the HBZSO. 3.2.8. Exceptions to Height Limits 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 io'. The may appF pegreater , ndit-i-enal use p permit. Adverse impacts �t -�}FS�tI�-e�-F�} eac height rrcrr-a�� cm rr� to_public views-shall-be-minimized. 3.2.9. Accessory Structures 3-5 Exhibit"A" - Resolution No.2011-58 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 structures conform to the following: 1. Shall not exceed 15' in height. 2. Shall not be closer than io'to any other structure on the same parcel. 3. Shall not encroach into utility or other recorded easements. 4. Shall conform to all setback requirements. 5. Parking structures are excluded from this provision but must meet the standards set forth in Section 3.2.26. Parking of this document. 3.2.7o. Building Separation 1. lo' minimum separation between buildings on the same site. 2. 6'minimum separation between a patio cover and another building on the same site. 3.2.11. Subterranean Development 1. Any story of a structure that is located entirely below finish grade (Figure 3-6) shall not be counted as a building story for determination of maximum height restrictions. 2. Semi-subterranean portions of a structure that are greater than 42" in height shall be counted as a story(Figure 3-7). 3. No minimum setback from a public right-of-way shall be required for subterranean and semi- subterranean development unless otherwise specified by the Building Code. 4. Shoring for underground parking structures shall be in compliance with Section 12.38 of the Huntington Beach Municipal Code. 5. Shoring methods for underground construction shall be reviewed and approved by the Department of Building and Safety. If there are any encroachments into the public right-of- way,the developer shall obtain approval from the Department of Public Works prior to submittal of shoring plans to the Department of Building and Safety for review and approval. Conditions for the use of tiebacks include: 1) All proposed tiebacks shall be for temporary use only. No tiebacks for permanent structural support purposes will be allowed to remain under the public Right-of-way. 2) The extent of all proposed tiebacks into the public right-of-way shall be clearly identified on the shoring plan. 3-6 Exhibit"A" - Resolution No.2011-58 3) Upon termination of the temporary use of the subject tiebacks, all tieback portions less shallow than 5' below the existing or future deepest utility(in the public right-of-way) shall be removed from all public right-of-way. The lower portions of these tiebacks may remain under the public right-of-way but must be de-tensioned. 4) A"For Reference Only" plan shall be included with the As-Built Precise Grading Plans to show tiebacks and/or concrete grout sections that will remain in place in the public City right-of-way under existing and newly constructed utilities after the shoring is removed. 5) All existing utilities in the public right-of-way shall be clearly shown in shoring plans and profile views, along with the proposed tiebacks' relation to these utilities. 6) The anticipated future vertical and horizontal alignment of utilities identified in any City master plan shall be shown for reference. 7) The following notes shall be included in the shoring plan: a) "Installation of the tiebacks for temporary shoring purposes requires a separate encroachment permit where they extend into the City's right-of-way." b) "All tiebacks installed in the City's right-of-way for temporary shoring purposes that are placed over existing or newly constructed City utilities shall be removed after shoring is no longer needed (to allow for future access and public infrastructure maintenance)." 3.2.12. Landscaping In addition to City standard landscape plans and specifications, as well as requirements found in Chapter 232 of the HBZSO, the following standards shall apply. 1. All setback areas fronting on or visible from an adjacent public street shall provide: 1) 70%minimum landscaping material, including a combination of trees, shrubs, and groundcover. 2) 30% maximum of the setback area shall be covered in hardscape materials, which may include driveways, paths, or accent features. 3) Commercial and mixed-use development in District 1 and single-family residential development shall be exempt from this requirement for all setbacks. 2. The setback areas adjacent to parking lots shall include at least Soo square feet of landscaped area with trees planted no closer than 30' on center. Tree variations shall adhere to the City's approved tree species. 3. Landscaping located within the setback shall not be included when calculating the minimum landscaping required within the parking lot interior. 3-7 Exhibit"A" - Resolution No.2011-58 4. All landscaped areas shall be permanently maintained in an attractive manner. 5. Landscaping shall not interfere with visibility for crime prevention purposes. 6. Landscaping shall not impede or affect sight distance and visibility requirements of vehicular traffic. 7. Special sub-surface construction may be required by the City. 8. All landscaped areas shall comply with the City's Water Efficient Landscape Requirements of the Huntington Beach Municipal Code. 3.2.1 . Fences and Walls 3.2.1 .1. All Districts 1. 6' maximum height. 2. 42" maximum height within the front yard setback. 3. Sight distances shall be maintained per Section 23o.88 of the HBZSO. 4. Both sides shall be articulated with materials and colors that are similar or complementary to the project buildings. 5. A pilaster, change in wall plane, or other design feature shall be provided a minimum of every 12'to avoid presenting a blank wall where visible from a public right-of-way. 6. Chain link fencing, barbed wire fencing, and smooth-face block walls are prohibited. 3.2.13.2. Additional Standards for Sin le-Farnily Residential Uses 1. A 3' landscaped setback from the front property line is required in front of a maximum 42" height wall within the front yard setback(Figure 3-8). 2. 18" maximum height of a retaining wall on the front property line, as measured from the top of the highest adjacent curb. 3. A second retaining wall up to 18" in height may be erected above the 18" high retaining wall with a minimum 3'front setback. 4. A wall or fence up to 42" in height may be erected on top of the retaining wall with the minimum 3'front setback. 3.2.14. Mixed-Use Projects Mixed-use projects combine commercial, office, and/or residential uses into one single development. The uses can be combined in multiple ways, such as each use located on a 3-8 Exhibit"A" - Resolution No.2011-58 separate floor or wing of a building or each use in separate buildings on the site. Both types of mixed use development are encouraged. Mixed-use projects can create unique design issues, such as the need to balance the requirements of residential uses with the needs of commercial uses.When designing mixed-use developments, it is important that commercial and office uses are sensitive to the residential uses of the project. 1. All commercial portions of a mixed-use project shall adhere to all standards pertaining to commercial uses within this Specific Plan. 2. All residential portions of a mixed-use project shall adhere to all standards pertaining to residential development within this Specific Plan. 3. Architectural style and use of quality materials shall be consistent throughout an entire mixed-use project; however, variations in materials and details may be used to differentiate between residential and non-residential portions of the project. 4. In areas where residential uses are not allowed on the ground floor, a central lobby may be located on the ground floor. 5. Dedicated parking spaces shall be provided for residents and shall be clearly distinguished from spaces provided for commercial and/or office uses. Residential guest parking and commercial and office parking may be shared. All residential parking must be provided on- site. 6. Mixed-uses, when located on the same site and in separate buildings, shall provide landscaped pedestrian walkways or multi-use paths to connect the mixed-uses, structures, and open spaces. 7. All buildings shall be sited to reduce odor, noise, light and glare, and visual and other conflicts between commercial and residential uses. 8. Lighting for the commercial uses shall be appropriately shielded so as not to spill over into the residential area or negatively impact the residential units. 9. Landscaping shall be used with other features to reduce potential visual, light, and glare conflicts. lo. Loading areas and trash and recycling enclosures for commercial uses shall be located away from residential units. it. Loading and service areas for commercial uses shall not be located within residential parking areas and shall not block access ways for the residential areas. 3-9 Exhibit"A" - Resolution No.2011-58 12. Special consideration should be given to the location and screening of noise-generating equipment, such as refrigeration units and air conditioning and exhaust fans. Noise- reducing screens and insulation may be required if any equipment has the potential to create a negative impact on residential uses. 13. Commercial uses with residential units either above or attached shall provide ventilation systems to prevent odors from adversely affecting residential units. 3.2.15. Minimum Dwelling Unit Size 500 square feet minimum dwelling unit size shall apply to all residential dwelling units. 3.2.16. Open Space for Multi-family Residential Development 150 square feet minimum per residential unit shall be consolidated to provide open space area (private and common). For purposes of this section, open space shall mean an area that is designed and intended to be used for active and passive recreation. Parking areas, access aisles, and driveways shall not qualify as usable open space. -.2.16.1. Private Open Space 1) 6' minimum width shall be provided in courts or balconies. 2) 6o square feet minimum of private open space shall be provided in a minimum of 75%of the dwelling units. 3) Shall be contiguous to the dwelling unit. 4) Shall not be accessible to any dwelling unit except the unit it serves. 5) 42" minimum height wall or hedge shall physically separate private open space from common areas 6) 60" minimum height wall, hedge, or planted vine fence shall provide a physical separation between individual private open spaces 7) Shall be open on at least one side but need not be open to the sky. 3.2.16.2. Common Open Space 1) lo' minimum width in any direction shall be provided for any interior side yard, patio, court, terrace, and/or rooftop deck counted toward common open space requirement. 2) Shall substantially be open to the sky. 3) Driveways or parking areas shall not be counted toward common open space requirement. 4) Projects with more than 20 units shall include at least one amenity, such as a clubhouse, a swimming pool, a tennis court, a volleyball court, an outdoor cooking facility, or other 3-10 Exhibit"A" - Resolution No.2011-58 recreation facility. Such common amenity spaces shall count toward the common open space requirement. 5) In multiple unit developments, common areas shall be guaranteed by a restrictive covenant describing the common space and its maintenance and improvement, running with the land for the benefit of the residents. The developer shall file with the Department of Planning for recordation with the final subdivision map legal documents that will provide for restricting the use of common spaces for the designated purpose, as approved on the final development plan. All lands to be conveyed to the homeowner's association shall be subject to the right of the grantee or grantees to enforce maintenance and improvements of the common space. 3.2.17. Lighting for multi-Family Residential Development 1. For developments of more than 2 units, the developer shall install an on-site lighting system on all vehicular access ways and along major walkways. 2. Lighting shall be directed onto driveways and walkways within the development and away from adjacent properties. 3. Lighting shall be installed within all covered and enclosed parking areas, and light control switches shall not be controlled by or accessible to residents. 4. Security lighting fixtures shall not project above the fascia or roof line of the building and shall be shielded. 3.2.18. Storage Space for Multi-Family Residential Development 1. 50 cubic feet minimum enclosed storage space located outside the unit for each dwelling unit where a proposed residential development does not include a separate attached garage. 2. All storage space shall be architecturally designed to complement the design of the dwelling units. 3. All access ways shall be free and clear of any and all structures including, but not limited to, storage areas. 3.2.19. Refuse and Recycling Collection Areas In all developments, refuse and recycling collection areas shall comply with the following: 1. Shall be located within a single enclosure that is roofed with a solid, impervious material. 3-11 Exhibit"A" - Resolution No.2011-58 2. Shall be located within a building or screened on 3 sides by a 6' high wall that is clad or finished with materials utilized on the primary building surfaces and equipped with a gate. 3. Shall be situated in order to minimize noise and visual intrusion on adjacent property as well as to eliminate fire hazard to adjacent structures. 4. Shall not face a street or be located in a required setback. 5. Shall be provided prior to occupancy. 6. All access ways shall be free and clear of any and all structures including, but not limited to, refuse and recycling enclosures. 7. Specific location shall be depicted on the grading plan and shall be approved by the City. 8. The area shall be paved with an impervious surface, designed to not allow run-on from adjoining areas, designed to divert drainage from adjoining roofs and pavements diverted around the area, and screened or walled to prevent off-site transport of refuse. 9. The connection of refuse area drains into the storm drain system is prohibited; however, if feasible, the refuse enclosure shall be connected into the sanitary system. lo. Development shall adhere to Section 8.21 of the Huntington Beach Municipal Code. 3.2.20. Affordable Housing 1. All residential development must adhere to Section 230.26 of the HBZSO. 2. If the site is within the Redevelopment Project Area, at least 15%of all new residential units developed shall be provided at affordable housing cost to low and moderate income households. 3.2.21. Residential Buffers These standards shall apply to the property line abutting the line depicted on Figure 3-10. 1. Minimum setbacks, as shown in Figure 3-9: 1) 3' minimum side or rear setback. 2) 25' maximum building height at the side or rear setback line. 3) 45' maximum building height at 1o'away from the side or rear property line. 2. The following activities associated with a commercial business are not permitted within 50' of the residential use: Loading docks. Service areas. 3-12 Exhibit"A" - Resolution No.2011-58 Noise-or odor-generating operations. 3. The following activities associated with a commercial business are not permitted within 20' of the residential use: Trash and recycling enclosures. Mechanical equipment. 4. Open space buffers incorporating landscaping shall be used to separate commercial and mixed uses from potentially incompatible uses. The width and treatment of the open space buffer will vary depending upon the types of potential land use conflicts to be resolved. 5. Landscaping shall be used along, or in conjunction with, other features to reduce potential visual, light, and glare conflicts. 6. Screening and/or buffers shall be required to obscure features such as trash and recycling enclosures, rear entrances, utility and maintenance structures, and loading facilities. 7. The odors released from any operation or activity shall not exceed detectable concentration beyond lot lines, measured at any location on the lot lines. 8. Commercial uses with residential uses either above or attached shall provide ventilation systems to prevent odors from adversely affecting residential units. 9. Special consideration shall be given to the location and screening of noise generating equipment, such as refrigeration units and air conditioning and exhaust fans. Noise reducing screens and insulation may be required if any equipment has the potential to create a negative impact on residential uses. 10. Construction and repair of items for sale or repair shall be located entirely within an enclosed structure. 11. Cutoff lighting fixtures shall be used and mounted parallel to the ground. The fixtures shall be located, aimed, and shielded to direct light only onto the building and walkways and not toward adjacent roofs or residences. 3.2.22. Signs 1. Commercial uses shall conform to sign standards summarized in Figure 3-11. 2. Residential uses shall conform to sign standards provided in Chapter 233 of the HBZSO. 3. Individual dwelling units shall be identified with numbers per City Specification #409 Street Naming and Address Assignment Process. The Planning Department shall review and make address assignments. 3.2.22.1. General Sin Standards 3-13 Exhibit"A" - Resolution No.2011-58 1) All public signs shall be approved through adoption of a downtown sign program and are subject to review and approval by the Design Review Board. 2) Pole signs, box cabinet signs, and signs that project above the edge of the roof line are not permitted. 3) Rectangular aluminum illuminated light box signs are not permitted. 4) Signs that rotate and flash are not permitted. 5) Flags, banners, and pennants are permitted as temporary signs pursuant to Chapter 233 of the HBZSO. 6) A single development with more than 5 users shall provide a unifying sign theme through a planned sign program. All signs shall be consistent in the following ways: a) Type of construction materials. b) Letter size. c) Method of sign support. d) Configuration of sign area. e) Shape of total sign and related components. 7) Sign placement shall not cover up windows or important architectural features without approval by the Director of Planning and the Design Review Board. 8) Sign supports and brackets shall be integrated into the overall sign design and shall be compatible with the design and scale of the sign. 9) Electrical connections shall not be visible on signs. lo) Lighting of all exterior signs shall be directed to illuminate the sign only. uySigns that limit public_access or recreation_are not permitted_except_in instances where such signageis necessary to-_imp lement_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-per mit_for said restrictions. 3.2.22.2. Monument Signs 1) 42" maximum height. 2) Monument signs shall be located in a landscaped planter with no portion of the sign extending beyond the perimeter of the planter. 3) Copy shall be limited to center identification and/or major tenant identification, and a single field color shall be used. 3-14 Exhibit"A" - Resolution No.2011-58 3.2.22.3. Wall Signs 1) Signs painted directly on the wall are not permitted. 2) The proportion of channel letter height to a building wall or fascia shall be carefully considered. The maximum letter heights shall be: a) 48"for major anchor stores, i.e. department stores, etc. b) 30"for major stores, i.e. supermarkets, drugstores, etc. c) 20"for freestanding single tenant buildings and in-line tenants with either 60' or more linear frontage, or 3 bays, whichever is greater. d) 16"for all other in-line tenants. 3) A wall sign shall not project more than 12" from the surface to which the sign is attached. 4) Returns on channel letter signs shall be finished to match the letter color, the background building wall color, or the predominant trim color. 5) Cabinet signs shall be custom designed to form a unique shape. 3.2.22.4. Awning Si ns 1) Signs shall be limited to the front facing awning panel. 2) Messages shall be limited to the business name and logo. 3) Copy shall be centered on the awning canopy or valance. ,2.22.5. Pro'et ctin or Hanging Signs 1) 8' minimum ground clearance. 2) Signs shall be double-faced. 3.2.22.6. Window Signs 1) Signs may be applied to the storefront windows or doors, but may not cover more than 15%of the overall combined window and door areas located on the same facade. 2) Copy shall be limited to business name, address, and phone number. 3) Signs shall be limited to individual letter signs and graphics. Glass-mounted graphic logos may be applied by silk screening or pre-spaced vinyl die-cut forms. 4) Letters shall be vinyl or painted. 5) Interior window signs shall be located within 36" of the window to be readable from the exterior. 3.2.22.7. Tenant Directory Sins Tenant directory signs shall be located and oriented to the pedestrian rather than to the street. .2.22.8. Outdoor Advertising 3-15 Exhibit"A" - Resolution No.2011-58 All outdoor advertising shall be subject to the standards found in Section 3.2.25. Outdoor Display Areas and Sales, as well as the following additional standards. 1) Movable,freestanding advertisements approved in compliance with this Section 3.2.22.8. Outdoor Advertising are exempt from other sign regulations of this Specific Plan. 2) Signs associated with merchandise display shall be located completely within the area of a sign frame or structure that is permanently installed and constructed of sturdy, quality materials. 3) Multiple-sided advertisements in excess of 2 sides are prohibited. 4) 3 square feet maximum surface area per side for a single-sided or double-sided advertisement. 5) 2 square feet of additional surface area per side,for 5 square feet maximum total surface area, may be permitted, as determined by the Director,for designs that incorporate colorful or interesting graphics or logos. 6) 1 maximum outdoor advertising sign per business. 7) 3' maximum distance from the storefront for a freestanding advertisement sign. 8) All advertisement structures and materials shall be maintained in good repair and in clean condition at all times and shall be constructed of high quality materials that possess a professional appearance and complement the permanent signs on site. g) Hand lettered signs on temporary materials, such as paper or cardboard, are not permitted. lo) Design, including materials, lettering and graphics, shall be of good quality and appearance and shall be subject to review and approval by the Department of Planning. Outdoor advertisements shall be constructed and lettered in a professional manner. 11)All materials and lettering finishes shall be durable and weather-resistant. 12)Any advertising sign that is significantly damaged, dilapidated, worn, weathered or not securely or properly attached shall be immediately removed or replaced. 3.2.23. Awnings 1. 8' minimum ground clearance. 2. Shall not be wrapped around buildings in continuous bands. 3. Shall only be placed on top of doors, windows, and other openings. 4. All awnings on a single building shall be a consistent material, color, size, and style regardless of a difference in tenant or use. 5. Frames and supports shall be painted or coated to prevent corrosion. 3-16 Exhibit"A" - Resolution No.2011-58 6. Internally illumination is prohibited. Downward directed lighting is allowed. 7. Shall be well maintained at all times and shall be replaced immediately when in a worn or torn condition, as determined by the Director. 8. Shall have lighting under the awning to avoid creating a shadow under the awning and at the front door. 3.2.24. Outdoor Dining 3.2.24.1. Permitting 1) Outdoor dining on public or private property may be permitted, pursuant to the HBZSO, when in compliance with this section. 2) 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. 3) For any existing restaurant with alcohol sales with an existing outdoor dining area, the sale of alcohol in the outdoor dining areas shall be subject to the review and approval by the Director of Planning and the Police Chief with Neighborhood Notification pursuant to Chapter 241 of the HBZSO and compliance with this section. 4) Enforcement of this section shall be by the Director of Planning or his/her designee. ,2.24.2. Location and design criteria 1) Outdoor dining shall be an extension of an existing or proposed eating establishment on contiguous property and shall be located directly adjacent to the eating establishment. 2) On Main Street, if an extended sidewalk area for outdoor dining exists at the time of Specific Plan adoption, any outdoor dining shall be relocated at the time streetscape improvements detailed in Section 6.3.1. Streetscape 1: Main Street are implemented. 3) 8' minimum clear passage area is required for pedestrian access between outdoor dining area and the curb where overall sidewalk width is greater than lo'. 4) 6' minimum clear passage area is required for pedestrian access between outdoor dining area and the curb where the sidewalk is lo' or narrower in width. 5) No sidewalk smaller than Win width may be allowed to have outdoor dining. 6) A wider clear passage area may be required for any of the previous conditions at the discretion of the Directors of Planning and Public Works or the Zoning Administrator. 7) There shall be a clear distinction between dining area and the public sidewalk through the use of planters and/or physical barriers. 8) 36" minimum height physical barrier shall surround any outdoor dining where alcoholic beverages are served. 3-17 Exhibit"A" - Resolution No.2011-58 9) All tables and chairs shall be of sturdy construction, made of quality materials, and designed to complement the character of the streetscape. 1o) Temporary, mobile, or free-standing food service providers must adhere to the carts and kiosks standards found in Section 230.94 of the HBZSO and may not provide outdoor seating. 3.2.24.3. Operating requirements, provisions, and conditions 1) All provisions of the Huntington Beach Municipal Code and HBZSO shall apply. 2) A License Agreement including use fees shall be obtained from the City and/or Caltrans, if applicable,for outdoor dining located on public property. 3) The License Agreement shall be subject to termination at any time upon a to day prior written notice upon determination of the Director or Zoning Administrator that 1 or more of the conditions or provisions of this section have been violated or that 1 or more factors listed in Necessary Findings below have changed and the permitted use is no longer compatible with the intended use of the public right-of-way or public property. 4) Termination of a License Agreement shall nullify the Conditional Use Permit. 5) 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. 6) 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. 7) No food or beverages of any nature shall be sold to any occupant or rider of any motor vehicle or bicycle. 8) Alcoholic beverages may be served on public and/or private property subject to the provisions provided herein. 9) 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. 10) 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 and Maintenance Agreement will be required prior to transfer of the Conditional Use Permit for outdoor dining on public property. A Conditional Use Permit transfer or License Agreement renewal and Maintenance Agreement renewal or amendment may be denied if one of the factors 3-18 Exhibit"A" - Resolution No.2011-58 listed in Necessary Findings below have changed and the permitted use is no longer compatible with the intended use of the public right-of-way. 2=24•4• Parking for Outdoor Dining 1) Parking shall comply with Section 3.2.26. Parking of this Specific Plan. 2) No parking spaces shall be required for the outdoor dining portion of the restaurant if the outdoor dining area does not exceed: Maximum of 2o%of the restaurant area, not to exceed 400 square feet. 3) Any outdoor dining area that exceeds these standards shall provide l00% of the required parking for the area in excess of the above standard. Parking for the outdoor dining area shall be provided at a ratio of one (1) space per 125 sf of outdoor dining area. .2.24.4. Necessary Findings In order to approve outdoor dining the Director or Zoning Administrator shall make the following findings: 1) 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. 2) Building entryways are not obstructed. 3) Pedestrian traffic volumes are not inhibited. 4) Handicapped accessibility is provided where required. 3.2.25. Outdoor Display Areas and Sales Outdoor display areas, sales, and uses are encouraged within the Specific Plan Area provided that they enhance the pedestrian environment through the creative and appropriate use of outdoor spaces.The intent is to provide opportunities for businesses to display their products in a manner that enhances the public realm and creates an interesting, organized, and comfortable shopping and dining area. Creativity in the design of outdoor displays is encouraged and the quality, character, and design of all items placed outside should contribute in a positive way to the visual appearance of the community. 1. Temporary outdoor sales, whether on public or private property, shall be subject to approval of a Temporary Use Permit(TUP) by the Zoning Administrator as well as the following standards. 2. A TUP shall permit outdoor sales/display events subject to the following limitations: 1) 5 years maximum per permit. 2) 5o days maximum per calendar year. 3-19 Exhibit"A" - Resolution No.2011-58 3) to consecutive days maximum. 4) Prior(10 days minimum)to commencement of the use each year, a schedule(dates)for temporary sidewalk sales events to occur in that year shall be submitted to the Planning Department for review and approval. 3. The owner or primary lessee of the private property that immediately abuts the sidewalk or pedestrian plaza is the only one who possesses the vending rights. 4. Outdoor display areas are not intended to provide additional retail space or locations for clearance and damaged items but to allow merchants the opportunity to attract the public by providing a sample of merchandise that is available inside. 5. Outdoor display items shall be identical to items sold within the store and damaged merchandise is prohibited from outdoor displays. 6. Outdoor sales and displays shall be limited to the regular hours of operation of the respective business, and all items placed outside shall be removed each evening, unless otherwise approved. 7. 6' maximum height for entire display. 8. No more than 2 items may be stacked. g. 15' maximum depth, perpendicular to the storefront. 10. 4' minimum clearance shall be maintained around all merchandise displays and any other tenant storefront space and from any stationary object or cart or kiosk. 11. io' minimum clear path of travel shall be maintained along the public sidewalk, adjacent to outdoor display areas. 12. 48" minimum access clearance required. Sales events, including associated furniture, structures, patron lines, etc., shall not in any way interfere with access to any commercial establishment. All required exits and access ways to the tenant space, as determined by the Building and Safety Department, shall be maintained clear and free of obstructions. Required pathways for patron and disabled access shall be maintained clear of obstructions. 13. Display merchandise shall not obscure or interfere with any official notice, public safety sign, or device. 14. No item shall be located so as to be hazardous to pedestrian or vehicular traffic, or extend into the safe line-of-sight distances at intersections, as determined by the City Engineer. 15. All displays associated with outdoor sales events shall be maintained in an orderly, uncluttered, and aesthetically pleasing condition, and shall present a family-friendly atmosphere. Unprofessional, cluttered, and unorganized display areas are prohibited. 3-20 Exhibit"A" - Resolution No.2011-58 16. All display tables shall be skirted and all boxes and storage containers shall be concealed from view. No cardboard or other types of similar storage boxes shall be visible to the public. 17. All outdoor displays, associated furnishings and accessories, including but not limited to display tables,table cloths/skirts, cashier stations, canopies, and employee uniforms, shall be color coordinated. 18. No outdoor storage shall be permitted in conjunction with any outdoor use. 19. No display of merchandise is allowed from cars,trucks or other vehicles. 20. Items shall not be displayed in bins, boxes, or on standard racks. 21. Merchandise shall not be lit and no electricity shall be utilized by an outdoor merchandise display. 22. No noise shall be generated by outdoor merchandise. 23. All signs shall be uniform per business in design, color, placement, etc. and shall be professional in appearance. 24. No signs shall be posted outside of the designated display area or on the public art installation. 25. All sales transactions shall occur inside the store except where adequate space is provided in the outdoor sales area for cash register queuing, as determined by the Zoning Administrator. Where outdoor sales transactions are permitted, the store manager shall be responsible for ensuring that no more than 5 customers are in the queue for cash register at any time. 26. Line formations within the public right-of-way are prohibited. 27. Sales to patrons in vehicles or in the public right-of-way is prohibited. 28. Customers shall be prohibited from trying on clothing or other merchandise while in the public right-of-way. 29. No services shall be provided outdoors, except for table service of food in conjunction with approved outdoor seating, as discussed in Section 3.2.24. Outdoor Dining, or as approved by the Director. Personal services such as tattoos, temporary tattoos, hair braiding, and hair wrapping are not permitted outdoors. 30.All work shall be performed entirely indoors unless approved through a Conditional Use Permit. Any outdoor work allowed shall be in an area specifically provided for such use. No outdoor work shall be performed in designated parking areas or open space areas. In addition, areas approved for outdoor work shall not be counted as open space. 3-21 Exhibit"A" - Resolution No.2011-58 31. All outdoor use areas shall be continuously supervised by management or employees of the respective business to which the use is connected,to ensure required pathways are kept clear and that all City requirements are met. 32. Incidental outdoor uses shall not require additional parking beyond that which is otherwise required for the primary permanent use. 33• After initial warnings, Code Enforcement staff may order immediate cessation of any temporary outdoor sales event operating in violation of the conditions of approval of the Temporary Use Permit. .2.26. Parking 3.2.26.1. General Parking Requirements 1) For a change of use, all parking shall be as required as stated within this Specific Plan. 2) All parking requirements not addressed by the Specific Plan shall be as required by Chapter 231 of the HBZSO. )_The implementation of restrictions on public parking aIong_pubIic_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)_sh_all 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_parkng 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 Soo feet-of-the public parking restriction as mitigation_for_impacts to_coastal access_and recreation.Such restrictions shall require ac_oast_al development permit in accordance with Chapter z45 of the_HBZSO. 4) Modification of existing,_legally established_preferential_parking-districts shall besubiect to coastal development_permit re__qui_rementS_in_accordance with_Chapter_z45 of the_HBSS®._Establishme_nt_of-new_preferential-parking districts in the_coastal_zone_shall_be_prohibited. 3-22 Exhibit"A" - Resolution No.2011-58 5) Coastal development permit applications that includes ep cial permit or variance requests to deviate from off-street parking requirements maybe approved, except that requests that are found to impact public parkin available for coastal access shall not be granted. 6) Changes to parkin g hours and/or fees for on-street public parking shall be subject to coastal development permit requirements in accordance with' Chapter 24_5 of the HBZSO. .2.26.2. Parking Space Dimensions Parking space dimensions shall be per Section 231.14 and Section 231.16 of the HBZSO. .2.26.3. Handicap Parking Spaces Handicap spaces shall be per Section 231.12 of the HBZSO. .2.26.4. Vehicle Spaces Re uired 1) References to spaces per square foot(sf) are to be computed on the basis of gross floor area, unless otherwise specified. 2) Any use classification not specifically identified herein shall be subject to the off-street parking requirements of Chapter 231 of the HBZSO. 3) Vehicle spaces required shall be per Figure 3-15. .2.26.a. Bicycle Spaces Re uired Bicycle spaces required shall be per Figure 3-16, however additional bicycle spaces may be required as deemed necessary during the review process. a.2.26.6. Coastal Zone Design Standards Each dwelling unit located in the Coastal Zone shall have a minimum of 2 on-site parking spaces. If the total coastal parking requirements exceed the total minimum parking as required by this section,the additional required parking spaces may be in tandem with enclosed spaces, provided the tandem spaces is assigned to an enclosed space and complies with the turning radius required by Chapter 231 of the HBZSO. a.2.26. . Tandem Parkin 1) Up to 20%of the required on-site commercial parking may be provided as tandem parking with an attendant upon approval of a Conditional Use Permit by the Zoning Administrator. 21-40% of the required on-site commercial parking may be provided as tandem parking upon approval of a Conditional Use Permit by the Planning Commission. 3-23 Exhibit"A" -Resolution No.2011-58 2) Tandem parking configuration is allowed for residential uses. 3.2,2626.8. Parking Screening 1) All off-street uncovered surface parking spaces shall be screened. 2) 32" high landscaping or landscaping combined with opaque material screen shall be provided, as measured from the adjacent parking surface. 3) Screening method must be approved by the Director. 4) Screening shall not be interpreted to mean conceal or hide but rather to soften the visual impact of the parking area. Parking areas shall remain visible to passersby and police. 3.2.26.9. Other Parking Considerations 1. For projects with 'o,000 square feet or more of net new commercial development that do not propose to provide ioo percent of the required parking on-site,_a parking management_plan shall be submitted. The parking management plan shall identif for im Ip ementation one, all. or a combination of the folio wing_parkingstr ate gies: i) Valet parking. 2) Valet and/or remote parking for special events and_activities_and during the peak summer season. 3) Provision of additional on-site and/or off-site parking-for-any development. 4) Provision of additional signs consistent with the Downtown Directional Sign Program to direct motorists to primary__parking_facilities. 5) Any_of_the_parking strategies described in Chapter_5_of Book11 of this Specific Plan or any strategy that would prov_i_de_addit_i_onal_parking spaces or opportunities to ensure that an adequate-supply of_pa_rki_ng_is available to meet_the_proiect's_.parking_demand. 2. For projects thatpropOse_to___pr_o_vlde_1_o0._perCent Of the_requ red parking on site,Me Planning Commission or City Council may impose any.or all_of_the parking strategies_listed above_as_necessary_to_avoid adverse i_mpacts_to_public,access. 3-24 Exhibit"A" - Resolution No.2011-58 i) Valet parking. 3) Valet and/or remote parking for special events aREI activities and dUFiRg the peak summer-season 4) AppliEant shall provide additieRal on site andler off site paFking for any development. diFect motorists to pFimary Parking fa6lities 3.2.26.1o. Parking Structures 1) Maximum height of parking structure shall not exceed maximum building height requirement and shall be measured in feet from the adjacent street grade,without restrictions on the number of internal stories. 2) lo' minimum front yard setback for all above grade parking structures. 3) 1o' minimum exterior side yard setback for above grade parking structures. 4) Setbacks shall be landscaped in accordance with Section 3.2.12. Landscaping. 5) Parking structures in District 1 facing public streets, not including alleys, shall be wrapped with commercial space at the ground floor. Parking structures in all other Districts shall be screened with vertical landscaping. 6) Automated parking structure entrances and facades facing the public right-of-way shall be designed with architectural features and details that complement a traditional storefront. 7) Parking structure facades over 15o'in length shall incorporate at least 1 or more of the following: a) Differentiation of the ground floor from upper floors. b) Varying the arrangement, proportioning and/or design of garage floor openings at regular intervals. c) Incorporating changes in architectural materials. d) Projecting forward or recessing back portions or elements of the parking structure facade. 8) Facades of parking structures shall be designed without continuous horizontal parking floor openings. For example, openings shall be constructed to form a pattern of window-like openings. 9) Parking structure top floor wall designs must conform to 2 or more of the following options: 3-25 Exhibit"A" - Resolution No.2011-58 a) Atop floor wall with an architectural focal point such as a glazed elevator and/or stair tower or top floor line trellis structure. b) Atop floor wall line articulated through a variation or step in cornice height or detail. c) Atop floor wall line with an articulated parapet cap. lo)Views into the upper floors of parking structures facing a public right-of-way shall be minimized through 1 or more of the following methods: a) The use of planters integrated into the upper floors of parking structure facade design. b) Decorative trellis work and/or screening as architectural elements on the parking structure upper floor facades. c) Openings organized to reflect traditional building window patterns. 11) External elevator towers and stair wells shall maintain openings for public view. 12) Provisions shall be made to limit activation of individual car alarms within automated parking structures. 13) Where subterranean parking occurs, antennas shall be installed to ensure that emergency personnel can receive and transmit information from inside the structure. 14) Developer/applicant shall coordinate installation with public safety departments and shall be responsible for installation and maintenance of such antenna. 3.2.26.11. District 1 Special Parking Standards 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 A reement pursuant to No. 8 below Cenditienal Use Permit by the Planning Cemmission and is subject to coastal development permit requirements in accordance with Chapter 21. of the HBZS®. Any parking not provided on-site or off-site with an approved Shared 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) For intenSiflEatien ef an existing use, only aAll 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 3-26 Exhibit"A" - Resolution No. 2011-58 required parking consistent with this Specific Plan. For constrained sites parking may be provided onsite, off-site with a Shared Parking Agreement per No.8 below. or via the in-lieu Parking Fee program ram per 7 below.There shall be no reduction in the number of existing-parking spaces for retained square footage. Exis+iRg sg aFe fe etage is rtranrlfather-ed including teaF d0WA of bull f parking ;tn.-1 with this sq aFe footage is not required to be parked at �$�---Iz'crrnrr�cr��v cnTcca�rrtrrmr.»c�aur�ry footage c-r.»To c-rcc�a required ca-co-v�.-�arrcco-cr�cr higher nUMber than what is nvistinrY 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) a) 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. b) 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. c) 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. When the above criteria are met, such uses may develop shared parking agreements to satisfy the parking requirements of this Specific Plan, subject to the approval of a Conditional Use Permit by the Planning Commission and may require a coastal deyel_opmen_t_permit and in accordance with the following: a) Only 50%of the require parking may qualify for the shared arrangement. b) A minimum of 50% of the required parking must be met on-site notwithstanding the parking reduction provisions of this Specific Plan. c) Required parking must be calculated based on the land use that demands the largest amount of parking. 3-27 Exhibit"A" - Resolution No.2011-58 d) The shared parking facility must be within a 35o' 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. e) All sites participatinin a shared parkin agreement shall be tracked by_ the City of Huntington Beach in order to avoid `double counting" of parking-spaces. This shared parking tracking s sy terms shall be available for-public review. 3.2.27. Outdoor Storage 1. Outdoor storage that is not enclosed within a structure is not permitted, except for on single-family residential parcels. 2. Storage of boats,trailers, recreational vehicles, and other similar vehicles shall be prohibited unless specifically designated areas for the storage of such vehicles are set aside on the final development plan and, in the case of condominium developments, provided for in the association's covenants, conditions, and restrictions. Where such areas are provided, these areas shall be enclosed and screened from view on a horizontal plane from adjacent areas by a combination of a 6' high masonry wall and permanently maintained landscaping. 3. An average of 50 cubic feet of private storage space shall be provided for each residential dwelling unit outside such unit. The private storage space shall be fully enclosed and able to be locked. .2.2 . utilities 1. All new and existing public and private utility lines and distribution facilities, on both the street and alley frontages, including but not limited to electric, communications, street lighting, and cable television lines, shall be installed underground, except that surface- mounted transformers, pedestal-mounted terminal boxes, meter cabinets, concealed ducts in an underground system and other equipment appurtenant to underground facilities located on private property or installed pursuant to a franchise or other agreement need not be installed underground. 2. Backf low protection device locations shall be constructed per the latest Public Works Standards and approved by the Public Works Department. 3. All access ways shall be free and clear of any and all structures including, but not limited to, utility devices. 3-28 Exhibit"A" - Resolution No.2011-58 3.2.29. Water Quality Water pollution degrades surface waters making them unsafe for drinking,fishing, and swimming.The 1972 amendments to the Federal Water Pollution Control Act prohibit the discharge of any pollutant to navigable waters unless the discharge is authorized by a National Pollutant Discharge Elimination System (NPDES) permit. Since 199o, the City of Huntington Beach has been required to develop and implement a storm water management program designed to prevent harmful pollutants from being washed by storm water runoff into the storm drain system and to obtain a NPDES permit. The City's NPDES Permit requires new development and significant redevelopment to minimize short and long-term impacts on receiving water quality to the maximum extent practicable. The City's General Plan and Local Coastal Program also include development goals and policies that include storm water management, including landscaping policies and requirements, open space goals and policies, preservation or integration with natural features, and water conservation policies. The following is a sample of the policies and goals addressing storm water management included in the documents. Limit disturbance of natural water bodies and drainage systems; conserve natural areas; protect slopes and channels; and minimize impacts from storm water and urban runoff on the biological integrity of natural drainage systems and water bodies. Minimize changes in hydrology and pollutant loading; require incorporation of control, including structural and non-structural Best Management Practices(BMPs), to mitigate the projected increases in pollutant loads and flows; ensure that post-development runoff rates and velocities from a site have no significant adverse impact on downstream erosion and stream habitat; minimize the quantity of storm water directed to impermeable surfaces and into the storm drain system; and maximize the percentage of permeable surfaces to allow more percolation of storm water into the ground. Encourage the use of water quality constructed wetlands, biofiltration swales, watershed-scale retrofits, etc., where such measures are likely to be effective and technically and economically feasible. Provide for appropriate permanent measures to reduce storm water pollutant loads in storm water from the development site. New developments and significant redevelopments are required to incorporate a minimum level of storm water management BMPs that will allow for the implementation of innovative, effective, cost effective, multi-beneficial BMPs. 3-29 Exhibit"A" - Resolution No.2011-58 Any pervious pavement included in new development, as well as additional tree grates and special sub-surface construction recommended as part of the Specific Plan,will aid in minimization of runoff in the downtown core area. Additional curb inlets, dry wells, and potentially some underground percolation pipes may be required within projects to alleviate a storm water issue. Green roofs, urban bioswales, and rain gardens also minimize runoff and can be implemented by developers to reduce overall storm water generated on a site. Due to the close proximity to the Pacific Ocean,filtration of runoff water should be achieved whenever possible by increased soil contact prior to ocean discharge. Any new water quality requirements resulting from future NPDES permits shall be incorporated into the project. 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 This section presents development standards specific to each district within the Specific Plan Area. The provisions for the district in which the proposed development is located must be followed, as well as all general provisions found in the previous section. 3.3.1. District 1 — Downtown CoreMixed-Use 3.3.1.1. Purpose This district encompasses the entire downtown core area, with Main Street as the central spine of the district. The Main Street-pier axis is intended to be an active, vital, and interesting pedestrian way, intersecting with and complementing the visitor-serving commercial area on Pacific Coast Highway and the pier area. The district promotes visitor-serving mixed-use commercial, office, and residential developments. The purpose of this district is to establish the area as the downtown for the City by creating a more urban atmosphere, encouraging relatively higher intensity development with viable visitor-serving, coastal dependent and coastal-related commercial and residential uses that are consistent with the Coastal Act. The visitor-serving category is broad enough to include many commercial activities that will also serve the needs of the surrounding community, providing an off-season clientele for the district. 3-30 Exhibit"A" - Resolution No.2011-58 While the district also allows residential uses, in the majority of the district, commercial uses are required on the ground floor level. As activity in the downtown extends further up Main Street past Orange Avenue, an opportunity is created for the north end of Main Street to create a community-oriented cultural activity area which builds on the preservation and enhancement of the Main Street Branch of the Huntington Beach Public Library and the Huntington Beach Art Center. A cultural arts plaza will incorporate: open green space for pedestrian use and public events; decorative paving along pathways; shade and accent trees, as well as turf areas; street furnishings such as benches and trash receptacles; bicycle parking; and public art. Large amounts of ground level open space are also encouraged in this district to provide for small plazas and enlarged pedestrian oriented areas. 33.1.2. Boundaries District 1 boundaries are shown on Figure 3-21. District 1 includes the area from ist Street to 6th Street between Pacific Coast Highway and Orange Avenue, except for the parcels fronting on 6th Street between Walnut Avenue and Orange Avenue; the block bounded by Pacific Coast Highway, 6th Street, Walnut Avenue, and 7th Street;the half blocks bounded by Pacific Coast Highway, 7th Street, 9th Street, and the alley between Pacific Coast Highway and Walnut Avenue; and the area bounded by Orange Avenue, Lake Street,the parcel line approximately 110 feet north of Acacia Avenue, and a continuous line from Pecan Avenue at the intersection with Main Street to the intersection of 6th Street with Orange Avenue. . . Permitted Uses 1) Visitor-serving commercial uses are required for all at the ground floor square footage street frenta-a in the District 1 Visitor Serving Commercial Overlay; eXEept fOF the fl.11.-.,e iRg(see Figure 22a.): a) Within the Lake Street overlay, all uses permitted on the ground floor of District 1 are allowed. In addition, single-family residential, multi-family residential, and offices are allowed at the ground floor street frontage (see Figure 3-22b.). b) Within Neighborhood Subdistrict 1B- Permitted uses are limited to residential, office, personal enrichment, and personal service. (see Figures 3-22b and 3-38 for specific uses). 2) All permitted uses are allowed, but not required, behind the ground floor street frontage and above the ground floor in any portion of District 1 except Subdistrict 1A and 1B(see Figure__Z3_)__an_d_Visitor Serving Commercial O_v_erlay_(see Figure_zza),_whi_ch r_equires_all_ground floor square footage to be visitor_serving commercial. 3-31 Exhibit"A" - Resolution No.2011-58 3) The required commercial portion of any mixed-use 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. 4) Figure 3-24 presents uses permitted within District 1. The table details whether the use is permitted or whether the use requires an Administrative Permit, a Conditional Use Permit from the Zoning Administrator, a Conditional Use Permit from the Planning Commission, or a Temporary Use Permit from the Zoning Administrator. For permitted uses, other visitor-serving related uses that have the same parking demand as the existing use not specified herein may be allowed subject to the approval of the Director. 5) Projects with loo'frontage or greater shall require a Conditional Use Permit from the Planning Commission, and projects with less than loo'frontage and additions shall require a Conditional Use Permit from the Zoning Administrator. 6) In areas where single-family residential is permitted, no Conditional Use Permit shall be required for such use. Single-family residential in District 1 shall comply with the development standards of District 4. 7) Any modifications or additions to individual residential units in multi-family and mixed use developments shall be permitted upon review by the Department of Planning for compliance with all applicable provisions of this Specific Plan in addition to applicable requirements, conditions of approval and development plans for the approved project. 3.3.1.4. Summary of Development Standards Figure 3-25 presents a summary of the development standards within District 1. This figure is only a summary of the standards and the sections of the plan referenced in the figure must be consulted for the complete requirements of each standard. ?L .1.S. Minimum Parcel Size 25' of frontage and 2,500 square feet of net site area. 3.3.1.6. Maximum Site Coverage No maximum site coverage shall be required. 3.31.7. Maximum Density 5o dwelling units per net acre. 3.3.1.8. Building Height 1) 25' minimum. 2) 35' and 3 stories maximum for developments with less than8,000 sf net site area. 3) Wand 4 stories maximum if the overall net site area is 8,000 sf or greater. 3-32 Exhibit"A" - Resolution No.2011-58 �.�.g. Upper Story Setback lo' average setback from the ground floor facade for portions of the front facade on the third and fourth stories. 3.3.1.10. Front Yard Setback 1) 40' minimum dedication from the center line of the roadway for parcels fronting Main Street. 2) 15' minimum dedication of sidewalk area from edge to the property line for parcels fronting Pacific Coast Highway between ist Street and 6th Street. 3) 5' maximum setback from the ultimate property line for commercial and mixed-use development, except where outdoor dining, open-air commercial facilities, or plazas are provided. 4) lo' minimum setback for exclusively residential development. Setback may be reduced to 5' on up to 50%of the frontage provided that the average setback for the total street frontage is 1o'. 5) A lo' minimum landscaped setback shall be provided where a parking lot is adjacent to a public right-of-way. �. . .� . Side Yard Setback 1) No interior setback shall be required for commercial and mixed-use development. 2) The exterior setback for commercial and mixed-use development shall be equal to the front setback for that street. 3) The minimum aggregate interior setback requirement for parcels of exclusively residential development shall be 20%of the street frontage, with a minimum of 3' on a side. 4) 5' minimum exterior setback for parcels where only residential developments are permitted. 5) 1o' minimum exterior setback for parking. 3..3.1.12. Corner Setback The triangular area formed by measuring 25'along the curb lines from the point of the curve shall be clear passage area at the intersections of Main Street with Pacific Coast Highway, Walnut Avenue, Olive Avenue, and Orange Avenue. 3.3.1.13. Rear Yard Setback 3' minimum setback. 3-33 Exhibit"A" - Resolution No.2011-58 3.3.1a4_. ___Publ_c_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 b�quired to offset adverse impacts of the development proposal on public views of the ocean. 3.3.1.154. Public open Space Public open space shall mean outdoor or unenclosed area on the ground floor or above floor levels designed and accessible for use by the general public. Public open space may include one of the following: plazas; patios; balconies; gardens or view areas accessible to the general public; and open aiF EemmeFEial spaEe, open to the street on the first floor,-er on at least one side above the first floor, or open to the sky. i)_Public open space and pedestrian access shall be required for development projects in order to assure a predominantlyvisitor-serving,_pedestrian orientation. 24) 5% minimum of the gross site area for all non-residential development. 3-2) 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. 43)All exclusively residential developments (allowed only in the Lake Street Overlay area and within the-Neighborhood Subdistrict 713)shall be exempt from the public open space requirement but must meet the requirements found in Section 3.2.16. Open Space. 4) PaFEels within DistriEt i having less than 150' Of StFeet frontage may satisfy the ptbk epen spaE- ,equi.ement by paying a publiE amenity in lieLi fee, unless the paFEel is 5) 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. 6) 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 3-34 Exhibit"A" - Resolution No.2011-58 readily, visibly_, and obviously accessible to the general public and public access signage shall be provided. 7) 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. 8) 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. g) Shall not be satisfied through the utilization of parking areas, driveways, service areas. lo) 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. 11) Shall be designed to contribute to real and perceived public safety. .1.16:5. Storefront 2) 65%minimum of the ground floor street facing facade of a commercial building shall be transparent windows and doors that allow views of indoor space or product display areas. Building code and seismic standards must be met. 3) Windows shall be transparent; opaque or reflective glazing is not permitted. 4) 3.5' maximum height above the adjacent sidewalk for the bottom of any window or product display area. 5) 4' minimum height for product display windows. 6) A combination of design elements must be used on the building facade and/or in relationship to the building at street level to animate and enliven the streetscape. These design elements may include but are not limited to: ornamentation, molding, changes in material or color, architectural lighting, works of art, fountains, display areas, awnings, balconies, porches, landscaped planter boxes, trellises, columns, cornices, arches, decorative tiles, decorative grillwork, and outdoor furniture along street frontages. .1.17 . Public Art 1) Required for all commercial and mixed-use projects with frontage on PCH, Main Street, and 5th Street and/or with a frontage of loo' or greater and residential projects with 50 or more dwelling units. 2) All public art is subject to approval of the Design Review Board, Director of Planning, and Cultural Services staff. 3-35 Exhibit"A" - Resolution No.2011-58 3) Advertising shall not be permitted as part of a public art element, including wall murals. 4) Application submittals shall include a draft Public Art Plan and conceptual plans for the development shall identify the location for the proposed public art. 5) The project must reference the Public Art Plan. 6) Shall be fully integrated into the site design and shall be located within a publicly accessible place within the project. 7) Shall be: a) Of artistic excellence and innovation. b) Appropriate to the design of the project. c) Reflective of the community's cultural identity, including ecology, history, and society. d) Consistent with the design guidelines found in Section 4.2.6. Public Art and Resolution#2000-87, the existing City of Huntington Beach Design Guidelines, Chapter io. . .1 Psos 1) 1 paseo minimum per 250' of street frontage to provide safe and convenient access between the core downtown retail and dining establishments and public parking and plazas, as well as to provide mid-block links between residential projects and adjacent streets. If the project spans across an alley,the paseo is required to provide an additional link between streets. If an existing paseo is located on the same block, an additional paseo is not required. 2) 8' minimum clear space and ADA compliant, but larger widths are permitted to provide spaces for landscaping, benches, outdoor dining,focal points, and water features designed with consideration of conserving water. 3) Pedestrian amenities such as seating, decorative lighting, planters,fountains, drinking fountains, distinctive paving, decorative tiles, public art, landscaping, and bicycle racks shall be provided in paseos. 4) Shall incorporate focal points such as architectural structures, public art, landscape features, and interactive water features. 5) The design of adjacent buildings shall not present blank walls to the paseo but should be architecturally detailed to complement the front of the building. Businesses adjacent to paseos are allowed to create window and outdoor displays, outdoor dining, and appropriated designed outdoor vendor kiosks along the paseos. 6) Secondary entrances to adjacent businesses, where possible, are permitted off of paseos. 3-36 Exhibit"A" - Resolution No.2011-58 7) Shall allow safe passage by avoiding configurations that allow for concealment or blind spots hidden from public view. 8) Paving accents, signs, and/or overhead structures shall denote paseo entrances. 9) Shall have lighting and low level landscaping to allow pedestrians to clearly see ahead and around the walkways. To) Shall include directional signs. . .1.19 .Loading and Service Areas 1) 2 dedicated on-site loading spaces for developments exceeding 25,000 sf of building space. 2) 12'wide by 20' long by 14' high minimum dimensions for each loading space. 3) Shall be accessed from an alley 4) Shall not block vehicular traffic in the alley or fire or emergency access. . .1.2 . _ Refuse and Recycling Enclosures 1) Access shall be from an alley, where an alley exists. 2) No access from Main Street. . .1.21 . Main Street Library Subdistrict 1A 1) Purpose The purpose of the Subdistrict 1A is to provide uses that are compatible with existing and surrounding uses on and surrounding the Main Street Library while promoting the enhancement of the cultural arts within Huntington Beach by building on existing cultural facilities within the downtown. Uses within this area include the Main Street Branch of the Huntington Beach Public Library. Interest has also been expressed in retaining green space within the downtown area. This subdistrict requires parking on the Main Street library site. This portion of District 1 demands special standards to ensure appropriate uses and adequate public open space that will make the subdistrict area a public space for the entire City to enjoy. z) Boundary Subdistrict 1A consists of the triangular-shaped area bound by Main Street and 6th Street, as illustrated in Figure 3-35• 31 Permitted Uses a) Figure 3-36 presents uses permitted within Subdistrict 1A. The table details permitted uses. Other cultural facility-related uses that have the same parking demand as the existing use not specified herein, as well as a change of use, may be allowed subject to the approval of the Director. 3-37 Exhibit"A" - Resolution No.2011-58 4, Development Standards a) Figure 3-37 presents a summary of the development standards for the Main Street Library property only. This figure is only a summary of the standards and the sections of the plan referenced in the figure must be consulted for the complete requirements of each standard. 1) Maximum Site Coverage 50%of the net site area. 2) Floor Area Ratio FAR = 0.6 maximum 3) Maximum Building Height 35' maximum. 4) Setbacks a) 20' minimum interior setback for the portion of the site bordering the existing residential development. b) No other setbacks shall be required. Park"n a) Shall be provided as required in Section 3.2.26. 6) Public Open Space a) Shall have no net loss of green space equivalent to approximately 27,944 sf. b) Shall incorporate the following amenities: open green space for pedestrian use and public events; shade and accent trees; benches;trash receptacles; decorative lighting; bicycle parking; and a variety of public art elements. Load"n Loading and delivery activities shall be designed to minimize impacts to nearby neighborhoods. 3. 1.22-1. Neighborhood Subdistrict 1B 1) Purpose The purpose of the Neighborhood Subdistrict 1 B is intended to provide a transition zone between the existing residential areas and the commercial Main Street Corridor. Consequently, mixes of office and residential uses are permitted. 2) Boundary From the alley between 3rd Street and end Street to ist Street, between Walnut Avenue and Orange Avenue. 3) Permitted Uses 3-38 Exhibit"A" - Resolution No.2011-58 a) Residential, Office, and limited commercial uses shall be permitted on the ground floor within the District 1 Neighborhood Subdistrict 1B. b) Figure 3-37a presents uses permitted within District 1 Neighborhood Subdistrict 1B. The table details whether the use is permitted or whether the use requires a Conditional Use Permit from the Zoning Administrator, or a Conditional Use Permit from the Planning Commission. c) Other office-residential related uses not specified herein may be allowed subject to the approval of the Director. 4) Summary of Development Standards Figure 3-39 presents a summary of the development standards within the Neighborhood Subdistrict 1B portion of District 1. This figure is only a summary of the standards and the sections of the plan referenced in the figure must be consulted for the complete requirements of each standard. 5) Minimum Parcel Size 25' of frontage and 2,500 square feet of net site area. 6) Maximum Site Coverage No maximum site coverage shall be required. 7) Maximum Density 3o dwelling units per net acre. 8) Building Height Wand 3 stories maximum. 9) Front Yard Setback a) 5' maximum setback from the ultimate property line for office and mixed-use development, except where outdoor dining or plazas are provided. b) 10' minimum setback for exclusively residential may be reduced to 5'on up to 50% of the frontage provided that the average setback for the total street frontage is 10'. c) 10' minimum setback for parking lots. 10) Side Yard Setback a) No interior setback is required for office and mixed-use development. b) The exterior setback for office and mixed-use development shall be equal to the front setback for that street. 3-39 Exhibit"A" - Resolution No.2011-58 c) The minimum aggregate interior setback requirement for parcels of exclusively residential development shall be 20%of the street frontage, with a minimum of 3' on a side. d) 5' minimum exterior setback for parcels where only residential is proposed. e) io' minimum exterior setback for parking. 11) Rear Yard Setback 3' minimum setback from the rear property line. 3.3.2. District 2 - Visitor-serving Mixed-Use 3-.32.1. Purpose This district extends southeast of the downtown core adjacent to Pacific Coast Highway. The principal purpose of this district is to provide commercial facilities to serve seasonal visitors to the beaches as well as to serve local residents on a year round basis. This district also provides a continuous commercial link between the downtown and the visitor-commercial/recreation district near Beach Boulevard. The area of District 2 represents the visitor-serving commercial portion of the approved Pacific City project. Pacific City is a 31-acre mixed use project consisting Of 516 residential units and seven commercial buildings with retail, office, restaurant, cultural and entertainment uses. The commercial portion of Pacific City is also planned to have carts, kiosks, outdoor dining, live entertainment indoors and outdoors and a boutique hotel. The residential component of Pacific City is described in District 5. The approved development described above is consistent with the provisions stated for this district. 3.3.2.2. Boundaries District 2 boundaries are shown on Figure 3-40. District 2 extends from First Street to Huntington Street between Pacific Coast Highway and Pacific View Avenue. 3.3.2.3. Permitted Uses 1) 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. Any alterations or additions shall be consistent with the approved plans for the Pacific City development and shall comply with Section 2.5.10 of this Specific Plan. All new construction shall require approval of a Conditional Use Permit from the Planning Commission. 2) Figure 3-41 presents uses permitted within District 2. The table details whether the use is permitted or whether the use requires an Administrative Permit, a Conditional Use 3-40 Exhibit"A" - Resolution No.2011-58 Permit from the Zoning Administrator, or a Conditional Use Permit from the Planning Commission. For permitted uses, other visitor-serving related uses as described in the Coastal Element of the General Plan that have the same parking demand as the existing use not specified herein may be allowed subject to the approval of the Director. 3.3 2.4. Summary of Development Standards Figure 3-42 presents a summary of the development standards within District 2. This figure is only a summary of the standards and the sections of the plan referenced in the figure must be consulted for the complete requirements of each standard. ,3.3.2.5. Minimum Parcel Size No minimum parcel size shall be required. However, prior to the approval of any development, including subdivision, a master site plan for the entire district shall be approved by the Planning Commission. Development which is in conformance with the site plan may then be permitted. 3.3.2.6. Maximum Site Coverage 50%of the net site area. 3.3.2.7. Maximum FAR 3.0 maximum FAR, calculated on net acreage, for the whole district. 3.3.2.8. Maximum Building Height 8 stories maximum. 3.3.2.q. Upper Story Setback No upper story setback shall be required. 3.3.2.1o. Front Yard Setback 50' minimum from Pacific Coast Highway for all structures exceeding 42" in height. 3.3.2.11. Side Yard Setback 20' minimum exterior setback. .2.12. Rear Yard Setback 20' minimum setback from Pacific View Avenue. 3.3.2.13. Public Open Space Public open space and/-of pedestrian access shall be required for development projects in order to assure a predominantly visitor-serving, Pedestrian orientation. 3-41 Exhibit"A" - Resolution No.2011-58 3_,3.2.14. Corridor Dedication 20' corridor dedication Atlanta Avenue and Pacific Coast Highway for public access between the southern end of the Pacific Electric right-of-way and Pacific Coast Highway. This requirement may be waived if an alternative public use is provided or if the corridor is deemed unnecessary by the City. Any proposal for an alternative public use must be approved by the Planning Commission. 3.3.. -15._ Public Views Development proposals in District z shall include a public view analysis. Setbacks may be increased and site coverage, density and building eights 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. 3.3.2.16!j.Fractional Ownership Hotel May be permitted and shall be conditioned as follows: 1) go% minimum of the total number of hotel guest rooms/units within the Fractional Ownership Hotel facility shall be available as transient hotel rooms. The non-fractional hotel rooms shall be operated as transient overnight visitor accommodations available to the general public on a daily basis, year-round. 2) lo% maximum of the total number of guest room/units within the Fractional Ownership Hotel facility may be subdivided into separate saleable units each of which can be owned by multiple owners on a fractional time basis. A fractional time basis means that an owner(or owners) receives an exclusive right to the use of an individual unit for a combined period not to exceed the approved time period, which approved time period at the option of the hotel owner/operator may range up to three calendar months, in any one calendar year. 3) The hotel owner/operator retains control and ownership of all land structures, recreational amenities, meeting space, restaurants, "back of house" and other non-guest room/units. 4) The hotel operator shall maintain records of use by owners and renters and rates charged for all units and shall be responsible for reporting Transient Occupancy Taxes based on records of use for all units, a service for which the hotel operator may charge the unit owner a reasonable fee. 5) No portion of the Fractional Ownership Hotel, neither fractional units nor traditional hotel units, may be converted to full-time occupancy condominium or any other type of 3-42 Exhibit"A" - Resolution No.2011-58 Limited Use Overnight Visitor Accommodations or other project that differs from the approved hotel units. 6) When an owner of a factional interest in a unit chooses not to occupy his/her unit for any portion of the time allotted to him/her, that unit shall be available to the general public on the same basis as the traditional hotel units. 7) Any hotel rooms for which a certificate of occupancy has been issued at the effective date of adoption of this section shall not be permitted to be converted to a Limited Use Overnight Visitor Accommodation. 8) Prior to issuance of a building permit and in conjunction with approval of a coastal development permit for any type of hotel facility, the landowner of the property upon which the existing and/or approved traditional hotel units/rooms(i.e., transient hotel rooms) are or will be developed within District z shall execute and record a deed restriction, subject to the review and approval of the Director of Planning and the Executive Director of the Coastal Commission,which prohibits the conversion of traditional hotel units/rooms to any other type of ownership (e.g., limited use overnight visitor accommodations). The deed restriction shall be submitted for review and approval of the Director of Planning and the Executive Director of the Coastal Commission prior to action on the coastal development permit. The deed restriction shall run with the land, shall be executed and consented to by the existing lessee of the affected property and shall be binding on the landowner and lessee, and on all successors and assigns of the landowner and lessee, including without limitation any future lienholders. The deed restriction shall not be removed or changed without approval of an amendment to the Local Coastal Program (LCP) by the Coastal Commission and to the underlying coastal development permit. However, minor changes that do not conflict with subsection 1) and 7)above may be processed as an amendment to the coastal development permit only, unless it is determined by the Director of Planning and the Executive Director of the Coastal Commission that an amendment is not legally required. g) Fractional time owners shall have the right to the use of their units including a maximum use of go days per calendar year with a maximum of zg consecutive days of use during any 6o day period. 1o) The hotel owner/operator shall be required to submit, prior to issuance of a coastal development permit, for the review and approval of the Director of Planning, a Declaration of Restrictions or Covenants, Conditions& Restrictions(CC&R's), either of which shall include: a) All the specific restrictions listed in 1)through g) above; b) Acknowledgement that these same restrictions are independently imposed as condition requirements of the coastal development permit; 3-43 Exhibit"A" - Resolution No.2011-58 c) A statement that provisions of the Declaration/CC&R's that reflect the requirements of 1)through g)above cannot be changed without approval of an LCP amendment by the Coastal Commission and subsequent coastal development permit amendment. However, minor changes that do not conflict with 1)through g)above may be processed as an amendment to the coastal development permit, unless it is determined by the Director of Planning that an amendment is not legally required. If there is a section of the Declaration/CC&R's related to amendments, and the statement provided pursuant to this paragraph is not in that section,then the section on amendments shall cross-reference this statement and clearly indicate that it controls over any contradictory statements in the section of the Decla ratio n/CC&R's on amendments. d) The project Water Quality Master Plan shall be an appendix in the CC&R's. 11) The CC&R's or Declaration of Restrictions described above shall be recorded against all individual property titles simultaneously with the recordation of the condominium airspace map. 12) The provisions of the CC&R's or Declaration of Restrictions described above shall not be changed without approval of an amendment to the LCP by the Coastal Commission. However minor changes that do not conflict with 1)through 11) above may be processed as an amendment to the coastal development permit, unless it is determined by the Director of Planning than an amendment is not legally required. 13) The hotel owner/operator or any successor-in-interest hotel owner/operator shall maintain the legal ability to ensure compliance with the terms and conditions stated above at all times in perpetuity and shall be responsible in all respects for ensuring that all parties subject to these restrictions comply with the restrictions. Each owner of a fractional interest in a unit is jointly and severally liable with the hotel owner/operator for violations of the terms and conditions hereof imposed by the special conditions of the coastal development permit. Violations of the coastal development permit can result in penalties pursuant to Public Resources Code Section 3o820. 14) All documents related to the marketing and sale of the fractional interest units, including marketing materials, sales contracts, deeds, CC&R's and similar documents, shall notify buyers of the following: a) The owners of a fractional interest in a unit are jointly and severally liable with the hotel owner/operator for any violations of the terms and conditions hereof imposed by the coastal development permit. b) The occupancy of the units is restricted to go days per calendar year with a maximum of zg consecutive days of use during any 6o day period, and when not in use by the owner, the unit shall be made available for rental by the hotel operator to the general 3-44 Exhibit"A" - Resolution No.2011-58 public and that the coastal development permit contains additional restrictions on use and occupancy. 15) The hotel owner/operator and any successor-in-interest hotel owner/operator, and each future owner of a fractional interest in a unit shall obtain, prior to sale of a fractional interest, a written acknowledgement from the buyer that occupancy by the owner is limited to go days per calendar year with a maximum of zg consecutive days of use during any 6o day period, that the unit must be available for rental by the hotel operator to the general public when not occupied by the owner, and that there are further restrictions on use and occupancy in the coastal development permit and the CC&R's or Declaration of Restrictions. 16)The hotel owner/operator and any successor-in-interest hotel owner/operator shall monitor and record hotel occupancy and use by the general public and the owners of a fractional interest in a unit throughout each year. The monitoring and record keeping shall include specific accounting of owner usage for each individual guest room/unit. The records shall be sufficient to demonstrate compliance with the restrictions set forth in 1) through g) above. The hotel owner/operator shall also maintain documentation of rates paid for hotel occupancy and of advertising and marketing efforts. All such records shall be maintained for ten years and shall be made available to the City and to the Executive Director of the Coastal Commission upon request and to the auditor required by Section 17) below. Within 3o days of commencing hotel operations, the hotel owner/operator shall submit notice to the Director of Planning and to the Executive Director of the California Coastal Commission of commencement of hotel operations. 17) Within go days of the end of the first calendar year of hotel operations, and within go days of the end of each succeeding calendar year, the hotel owner/operator shall retain an independent auditing company, approved by the Director of Planning,to perform an audit to evaluation compliance with special conditions of the coastal development permit which are required by this section regarding notice, record keeping, and monitoring of the Fractional Interest Hotel. The audit shall evaluate compliance by the hotel owner/operator and owners of fractional interests in a unit during the prior calendar year period. The hotel owner/operator shall instruct the auditor to prepare a report identifying the auditor's findings, conclusions and the evidence relied upon, and such report shall be submitted to the Director of Planning, for review and approval, and shall be available to the Executive Director of the Coastal Commission upon request, within six months after the conclusion of each one year period of hotel operations. After the initial five calendar years, the one-year audit period may be extended to two years upon written approval of the Director of Planning. The Director of Planning may grant such approval if each of the previous audits revealed compliance with all restrictions imposed above. 3-45 I Exhibit"A" - Resolution No.2011-58 18) If the hotel owner and the hotel operator at any point become separate entities,the hotel owner and the hotel operator shall be jointly and severally responsible for ensuring compliance with the requirements identified above. If the hotel owner and the hotel operator become separate entities they shall be jointly and severally liable for violations of the terms and conditions(restrictions) identified above. 19)A coastal development permit application for a Fractional Interest Hotel shall include a plan specifying how the requirements outlined in this section will be implemented. The plan must include, at a minimum, the form of the sale, deed and CC&R's/Declaration of Restrictions that will be used to satisfy the requirements and the form of the rental program agreement to be entered into between the individual unit owners and the hotel owner-operator. The plan must demonstrate that the applicant will establish mechanisms that provide the hotel operator and any successor-in-interest hotel operator adequate legal authority to implement the requirements of this section. An acceptable plan meeting these requirements shall be incorporated into the special conditions of approval of any coastal development permit for a Fractional Interest Hotel. Any proposed changes to the approved plan and subsequent documents pertaining to compliance with and enforcement of the terms and conditions required by this section including deeds and CC&R's/Declaration shall not occur without an amendment to the coastal development permit,unless it is determined by the Director of Planning that no such amendment is legally required. zo)Any hotel rooms for which a certificate of occupancy has been issued at the effective date of adoption of this section shall not be permitted to be converted to a Fractional Ownership Hotel. 21) In Lieu Fee Required a) New development of overnight accommodations that are not "lower cost" shall be required to pay, as a condition of approval of a coastal development permit, an in-lieu fee to provide significant funding to assist in the creation of a substantial contribution to lower cost overnight visitor accommodations in or near Huntington Beach. The specific dollar amount of the fee shall be $3,000 in 2oo6 dollars(which shall be adjusted annually to account for inflation, i.e., according to increase in the Consumer Price Index - U.S. City Average)times total quantity of proposed limited use overnight visitor accommodation units. b) Prior to issuance of the coastal development permit, and upon execution of an appropriate agreement between the City and the designated recipient that assures use of the in-lieu fee for the intended mitigation, the applicant shall transfer the fee to the entity designated in the agreement,which shall be the City of Huntington Beach, the California State Department of Parks and Recreation, Hosteling International USA, or similar public agency and/or non-profit provider of lower cost 3-46 Exhibit"A" - Resolution No.2011-58 overnight visitor accommodations. If the in lieu fee, or any portion thereof, is not committed toward a use (i.e. with an effective agreement in place for use toward an identifiable project)within one year of payment of the fee,the in lieu fee shall be made available to be applied toward lower-cost overnight visitor accommodations at Crystal Cove State Park. 3.3.3• District 3 — Visitor-serving Recreation . .�. Purpose The purpose of this district is to encourage large, coordinated development that is beach- oriented. The area of District 3, generally referred to as the "hotel district," consists of the Hilton Waterfront Beach Resort and Hyatt Regency Huntington Beach Resort and Spa hotels. Completed in 199o, the Hilton Waterfront is a resort hotel with ballroom and meeting space, restaurants, and fitness center. The Hyatt Regency opened in 2003 and, in addition to hotel amenities, includes a conference center, retail and restaurant uses and a spa and fitness center. A third hotel is also planned for District 3. The approved and existing developments described above are consistent with the provisions stated for this district. 3-3.2. Boundaries District 3 boundaries are shown on Figure 3-43• District 3 is bounded by Pacific Coast Highway on the south, Beach Boulevard on the east, Huntington Street on the west, and Pacific View Avenue on the north. 3.13.3.13. Permitted Uses Figure 3-44 presents uses permitted within District 3. The table details whether the use is permitted or whether the use requires an Administrative Permit, a Conditional Use Permit from the Zoning Administrator, or a Conditional Use Permit from the Planning Commission. For permitted uses, other visitor-serving related uses as described in the Coastal Element of the General Plan that have the same parking demand as the existing use not specified herein may be allowed subject to the approval of the Director. Any alterations or additions shall be consistent with the approved plans for the developments in this district and shall comply with Section 2.5.10 of this Specific Plan. All new construction shall require approval of a Conditional Use Permit from the Planning Commission. �. .�. Summary o Development Standards Figure 3-45 presents a summary of the development standards within District 3. This figure is only a summary of the standards and the sections of the plan referenced in the figure must be consulted for the complete requirements of each standard. ,�. Minimum Parcel Size 3-47 Exhibit"A" - Resolution No.2011-58 No minimum parcel size shall be required. However, prior to approval of a Conditional Use Permit by the Planning Commission for any development, a master site plan for the entire district shall be approved by the Planning Commission. Development which is in conformance with the site plan may then be permitted. ;3^3.3.6. Maximum Site Coverage 1) 35%maximum of the net site area. 2) 25%maximum of the net site area may be used for parking and vehicular access ways. Maximum FAR 3.0 Maximum FAR, calculated on net acreage,for the entire project area. Maximum Building Height No maximum building height shall be required. Upper Stor Setback No upper story setback shall be required. 3.3.3.1o. Front Yard Setback 50' minimum setback from Pacific Coast Highway and Beach Boulevard for all structures exceeding 42" in height. 3,3.3.11. Side Yard Setback 1) 50' minimum exterior setback from Beach Boulevard 2) 20' minimum exterior setback from all other streets. 3.3.3.12. Rear Yard Setback 20' minimum setback. 3.3.3.13. Public Open Space Development projects within this district shall provide public open space. 1) 30% minimum of the net site area, which shall be available for public or semi-public uses for recreational purposes. 2) 25' minimum dimensions in every direction. 3) Paved areas devoted to streets, driveways, and parking areas may not be counted toward the public open space requirement. 3-48 Exhibit"A" - Resolution No.2011-58 4) 15%maximum of the required 30% public open space may be enclosed recreation space such as gyms, handball courts, health clubs, interpretive centers, or similar facilities. A fee may be imposed for the use of such facilities. 3-3-3.14. Pedestrian Overpass A pedestrian overpass may be required to connect the development in this district to the City Beach, as a condition of approval for any new development on, or further subdivision of, parcels within the district. The City may waive this requirement if the City determines that overpasses are unnecessary or impractical considering the type and design of new developments. 3.33.15. Public Views 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. Provision of public viewing locations from within a development may be required to offset adverse impacts to public views of the ocean. ,3.3.3.1 . Condominium Hotel May be permitted and shall be conditioned as follows: 1) Any hotel rooms for which a certificate of occupancy has been issued at the effective date of adoption of this section shall not be permitted to be converted to a Condominium-Hotel. 2) The hotel owner/operator shall retain control and ownership of all structures, recreational amenities, meeting space, restaurants, "back of house" and other non-guest unit facilities. When the Condominium-Hotel is located on land owned by the City, the hotel owner/operator shall be a leaseholder of the land upon which the Condominium- Hotel exists. 3) The Condominium-Hotel facility shall have an on-site hotel operator to manage rental/booking of all guest room/units. Whenever any individually owned hotel unit is not occupied by its owner(s), that unit shall be available for hotel rental by the general public on the same basis as a traditional hotel room. 4) The hotel operator shall market and advertise all rooms to the general public. Unit owners may also independently market and advertise their units but all booking of reservations shall be made by and through the hotel operator. 5) The hotel operator shall manage all guest room/units as part of the hotel inventory, which management will include the booking of reservations, mandatory front desk check-in and check-out, maintenance, cleaning services and preparing units for use by guests/owners, a service for which the hotel operator may charge the unit owner a reasonable fee. 3-49 Exhibit"A" - Resolution No.2011-58 6) If the hotel operator is not serving as the rental agent for an individually owned unit, then the hotel operator shall nevertheless have the right,working through the individually owned units' owners or their designated agents, to book any unoccupied room to fulfill demand, at a rate similar to comparable accommodations in the hotel. The owner or an owner's rental agent may not withhold units from use. In all circumstances,the hotel operator shall have full access to the condominiums' reservation and booking schedule so that the operator can fulfill its booking and management obligations hereunder. 7) All guest room/unit keys shall be electronic and created by the hotel operator upon each new occupancy to control the use of the individually owned units. 8) Unit owners shall not discourage rental of their unit or create disincentives meant to discourage rental of their unit. g) All individually owned hotel units shall be rented at a rate similar to that charged by the hotel operator for the traditional hotel rooms of a similar class or amenity level. 1o)The hotel operator shall maintain records of usage by owners and renters and rates charged for all units, and shall be responsible for reporting Transient Occupancy Taxes based on records of use for all units, a service for which the hotel operator may charge the unit owner a reasonable fee. 11) Each individually owned hotel unit shall be used by its owner(s), no matter how many owners there are,for not more than go days per calendar year with a maximum of 29 consecutive days of use during any 6o day period. 12) The use period limitations identified in 11) above, shall be unaffected by multiple owners or the sale of a unit to a new owner during the calendar year, meaning that all such owners of any given unit shall be collectively subject to the use restriction as if they were a single, continuous owner. 13) No portion of the Condominium-Hotel may be converted to full-time occupancy condominium or any other type of Limited Use Overnight Visitor Accommodations or other project that differs from the approved Condominium-Hotel. 14) Prior to issuance of a building permit and in conjunction with approval of a coastal development permit for the Condominium-Hotel, the landowner of the property within District 3 upon which the traditional units/rooms(i.e., transient hotel rooms) are developed shall execute and record a deed restriction, subject to the review and approval of the Director of Planning and the Executive Director of the Coastal Commission,which prohibits the conversion of those traditional hotel units/rooms to any other type of ownership (e.g., limited use overnight visitor accommodations). The deed restriction shall be submitted for review and approval of the Director of Planning and the Executive Director of the Coastal Commission prior to action on the coastal development permit. The deed restriction shall run with the land, shall be executed and consented to 3-50 Exhibit"A" - Resolution No.2011-58 by the existing lessee of the affected property and shall be binding on the landowner and lessee, and on all successors and assigns of the landowner and lessee, including without limitation any future lienholders. The deed restriction shall not be removed or changed without approval of an amendment to the underlying coastal development permit and approval of an amendment to the Local Coastal Program (LCP) by the Coastal Commission. However, minor changes that do not conflict with subsection 1) and 13) above may be processed as an amendment to the coastal development permit only, unless it is determined by the Director of Planning and the Executive Director of the Coastal Commission that such an amendment is not legally required. 15) The hotel owner/operator shall be required to submit, prior to the issuance of a coastal development permit, for the review and approval of the Director of Planning, a Declaration of Restrictions or Covenants, Conditions and Restrictions (CC&R's) either of which shall include: a) All the specific restrictions listed in 1)through 13)above; b) Acknowledgement that these same restrictions are independently imposed as condition requirements of the coastal development permit; c) A statement that provisions of the CC&R's/Declaration of Restrictions that reflect the requirements of 1)through 13) above cannot be changed without approval of an LCP amendment by the Coastal Commission and subsequent coastal development permit amendment. However, minor changes that do not conflict with 1)through 13) above may be processed as an amendment to the coastal development permit, unless it is determined by the Director of Planning that an amendment is not legally required. If there is a section of the CC&R's/Declaration of Restrictions related to amendments, and the statement provided pursuant to this paragraph is not in that section,then the section on amendments shall cross-reference this statement and clearly indicate that it controls over any contradictory statements in the section of the Declaration/CC&R's on amendments. 16)The CC&R's or Declaration of Restrictions described above shall be recorded against all individual property titles simultaneously with the recordation of the condominium airspace map. 17) The provisions of the CC&R's or Declaration of Restrictions described above shall not be changed without approval of an amendment to the LCP by the Coastal Commission. However, minor changes that do not conflict with 1)through 16) above may be processed as an amendment to the coastal development permit, unless it is determined by the Director of Planning that an amendment is not legally required. 18) The hotel owner/operator or any successor-in-interest shall maintain the legal ability to ensure compliance with the terms and conditions stated above at all times in perpetuity and shall be responsible in all respects for ensuring that all parties subject to these 3-51 Exhibit"A" - Resolution No.2011-58 restrictions comply with the restrictions. Each owner of an individual guest room/condominium unit is jointly and severally liable with the hotel owner-operator for any and all violations of the terms and conditions imposed by the special conditions of the coastal development permit with respect to the use of that owner's unit. Violations of the coastal development permit can result in penalties pursuant to Public Resources Code Section 3o820. 19)All documents related to the marketing and sale of the condominium interests, including marketing materials, sales contracts, deeds, CC&R's and similar documents, shall notify buyers of the following: a) Each owner of any individual hotel unit is jointly and severally liable with the hotel owner-operator for any violations of the terms and conditions of the coastal development permit with respect to the use of that owner's unit; and b) The occupancy of the units by owner(s) is restricted to go days per calendar year with a maximum of 29 consecutive days of use during any 6o day period, and when not in use by the owner,the unit shall be made available for rental by the hotel operator to the general public per the terms of the coastal development permit and that the coast development permit contains additional restrictions on use and occupancy. 2o)The hotel and owner/operator and any successor-in-interest hotel owner and operator, and each future individual unit owner shall obtain, prior to sale of individual units,a written acknowledgement from the buyer that occupancy by the owner is limited to go days per calendar year with a maximum of 29 consecutive days of use during any 6o day period,that the unit must be available for rental by the hotel operator to the general public when not occupied by the owner, and that there are further restrictions on use and occupancy in the coastal development permit and the CC&R's or Declaration of Restrictions. 21) The hotel owner/operator and any successor-in-interest hotel owner and operator shall monitor and record hotel occupancy and use by the general public and the owners of individual hotel units throughout each year. The monitoring and record keeping shall include specific accounting of owner usage for each individual guest room/unit. The records shall be sufficient to demonstrate compliance with the restrictions set forth in a through n above. The hotel owner-operator shall also maintain documentation of rates paid for hotel occupancy and of advertising and marketing efforts. All such records shall be maintained for ten years and shall be made available to the City, and the Executive Director of the Coastal Commission upon request and to the auditor required by Section 22) below. Within 3o days of commencing hotel operations, the hotel owner-operator shall submit notice to the Director of Planning and to the Executive Director of the California Coastal Commission of commencement of hotel operations. 3-52 Exhibit"A" - Resolution No.2011-58 22)Within go days of the end of the first calendar year of hotel operations, and within go days of the end of each succeeding calendar year, the hotel owner-operator shall retain an independent auditing company,approved by the Director of Planning,to perform an audit to evaluate compliance with special conditions of the coastal development permit which are required by this section regarding occupancy restrictions, notice, record keeping, and monitoring of the Condominium-Hotel. The audit shall evaluate compliance by the hotel owner-operator and owners of individual hotel units during the prior one- year period. The hotel owner-operator shall instruct the auditor to prepare a report identifying the auditor's findings, conclusions and the evidence relied upon, and such report shall be submitted to the Director of Planning,for review and approval, and shall be available to the Executive Director of the Coastal Commission upon request, with six months after the conclusion of each one year period of hotel operations. After the initial five calendar years, the one-year audit period may be extended to two years upon written approval of the Director of Planning. The Director of Planning may grant such approval if each of the previous audits revealed compliance with all restrictions imposed above. 23) If the hotel owner and the hotel operator at any point become separate entities, the hotel owner and the hotel operator shall be jointly and severally responsible for ensuring compliance with the requirements identified above. If the hotel owner and hotel operator become separate entities,they shall be jointly and severally liable for violations of the terms and conditions (restrictions) identified above. 24)A coastal development permit application for a Condominium-Hotel shall include a plan specifying how the requirements outlined in 1)through 22)will be implemented. The plan must include, at a minimum, the form of the sale, deed, and CC&R's/Declaration of Restrictions that will be used to satisfy the requirements and the form of the rental program agreement to be entered into between the individual unit owners and the hotel owner/operator. The plan must demonstrate that the applicant will establish mechanisms that provide the hotel operator and any successor-in-interest hotel operator adequate legal authority to implement the requirements of Sections 1)through 22) above. An acceptable plan meeting these requirements shall be incorporated into the special conditions of approval of any coastal development permit for a Condominium- Hotel. Any proposed changes to the approved plan and subsequent documents pertaining to compliance with and enforcement of the terms and conditions required by Sections 1)through 22)and this section including deeds and CC&R's/Declaration of Restrictions shall not occur without an amendment to the coastal development permit, unless it is determined by the Director of Planning that an amendment is not legally required. 3-53 Exhibit"A" - Resolution No.2011-58 25)Any hotel rooms for which a certificate of occupancy has been issued in the District at the effective date of adoption of this section shall not be permitted to be converted to Limited Use Overnight Visitor Accommodations. 26) In Lieu Fee Required a) New development of overnight accommodations that are not "lower cost" shall be required to pay, as a condition of approval of a coastal development permit, an in-lieu fee to provide significant funding to assist in the creation of a substantial contribution to lower cost overnight visitor accommodations in or near Huntington Beach. The specific dollar amount of the fee shall be $3,000 in 2oo6 dollars(which shall be adjusted annually to account for inflation i.e. according to increases in the Consumer Price Index— U.S. City Average)times the total quantity of proposed limited use overnight visitor accommodation units. b) Prior to issuance of the coastal development permit, and upon execution of an appropriate agreement between the City and the designated recipient that assures use of the in-lieu fee for the intended mitigation,the applicant shall transfer the fee to the entity designated in the agreement, which shall be the City of Huntington Beach, the California State Department of Parks and Recreation, Hosteling International USA, or similar public agency and/or non-profit provider of lower cost overnight visitor accommodations. If the in lieu fee, or any portion thereof, is not committed toward a use (i.e. with an effective agreement in place for use toward an identifiable project)within one year of payment of the fee,the in lieu fee shall be made available to be applied toward lower-cost overnight visitor accommodations at Crystal Cove State Park. 3.3.4. District 4 — Established Residential 3.3.A.1. Purpose This district allows residential development exclusively. The district employs graduated height limits and proportional setback requirements to keep the scale of new developments compatible with the existing residential neighborhood. 3.3.4.2. Boundaries District 4 boundaries are shown on Figure 3-46. District 4 includes the first block along Pacific Coast Highway to Walnut Avenue between Goldenwest Street and 7th Street except for the area included in District 1; the parcels fronting 6th Street between Walnut Avenue and Orange Avenue; and the area bounded by Palm Avenue, Main Street, the parcel line approximately 110 feet north of Acacia Avenue, and Lake Street. 3.34.3. Permitted Uses 3-54 Exhibit"A" - Resolution No.2011-58 Figure 3-47 presents uses permitted within District 4. The table details whether the use is permitted or whether the use requires a Conditional Use Permit from the Zoning Administrator. 3.3.4.4. Summary of Development Standards Figure 3-48 presents a summary of the development standards within District 4. This figure is only a summary of the standards and the sections of the plan referenced in the figure must be consulted for the complete requirements of each standard. 3.4.3. Minimum Parcel Size 25'frontage and 2,500 square feet net size area minimum. 334.6. Maximum Site Coverage 50%of the net site area maximum. 3-3.4_1. Maximum Density 1) The maximum allowable number of residential dwelling units shall increase as the parcel size increases. a) 1 dwelling unit maximum if lot frontage is 25' or less and lot area is 2,500 square feet or less. b) 4 dwelling units maximum if lot frontage is greater than 25' but less than or equal to 5o' and lot area is greater than 2,500 square feet and less than or equal to 5,000 square feet. c) 3o dwelling units per acre or 1 dwelling unit per 1,452 square feet of net lot area maximum, if lot frontage is greater than 5o' and lot area is greater than 5,000 square feet. 2) FAR = 1.o for single-family development 3.3.4.8. Maximum Building Height 1) 35' and no more than 3 stories maximum. 2) 25' maximum within 25' of the front property line. 3.3_44.9. Upper Stogy Setback lo' average setback from the second story facade for the covered portion of all structures above the second story. 3.;.4.1o. Front Yard Setback For all structures exceeding 42 inches in height: 1) 25' minimum setback for parcels fronting on Pacific Coast Highway. This setback may be reduced by 5' on up to 5o%of the lot frontage, provided that the average setback for the 3-55 Exhibit"A" - Resolution No.2011-58 total lot frontage is a minimum of 25'. This setback shall be limited to landscaping only and shall be designed to be compatible with the Bluff Top Park landscaping located across Pacific Coast Highway. 2) 15' minimum setback for parcels fronting all other streets except Pacific Coast Highway. .�. Side Yard Setback 1) Single Family minimum aggregate: a) lo%of lot width • Interior: 3' minimum, 5' maximum • Exterior: 5' minimum b) Garages located on a single 25-foot wide lot will be allowed an exterior yard reduction to a minimum of 3'from a public right-of-way. 2) Multi-Family minimum aggregate: a) Parcels with loo' or less of frontage: • 20% of lot width: • Interior: 3' minimum • Exterior: 5' minimum b) Parcels with greater than ioo' of frontage: • 2o%of lot width: • Interior: 7' minimum • Exterior: 15' minimum 3_3.4.12. Rear Yard Setback Minimum rear yard setback requirements: 1) 3' minimum setback for parcels fronting on Pacific Coast Highway. 2) 7.5' minimum setback for parcels fronting all other streets. 3) Upper stories of structures may be cantilevered into the rear setback; however, a setback of 2.5' minimum from the rear property line shall be maintained. .3.3.4.13. Garage Setback A 5' setback is required for garages with alley access in order to meet the required 25'turning radius from the garage to the opposite side of the alley. 3_3.4.14. Common and Public Open Space 1) Projects that maintain the 25'front setback along Pacific Coast Highway shall be allowed to use the front setback area towards common open space as required in Section 3.2.16. 3-56 Exhibit"A" - Resolution No.2011-58 Open Space. Any encroachments into the 25-foot front setback area shall require common open space to be located behind the front setback. 2) No public open space shall be required. �.4.15. Street Frontage 1) Single-family dwelling units not fronting Pacific Coast Highway shall have a front porch element that faces onto the primary street frontage. The front porch shall be allowed to encroach 5' into the front setback area. 3.3.5. District 5 — Multi-family Residential . �.�. Purpose This district is intended to allow high density residential uses. New residential development will provide a population base to help support the commercial and office uses in the downtown area. District 5 represents the Pacific City residential component and the Waterfront Residential development. The Pacific City residential component is approved for 516 condominium units and outdoor recreational amenities including a z-acre Village Green park. The Waterfront Residential development was constructed in 2004 and consists of 184-residential units located north of the waterfront hotels in District 3. The approved and existing developments described above are consistent with the provisions stated for this district. 3.3.5.2. Boundaries District 5 boundaries are shown on Figure 3-54• District 5 includes two consolidated parcels. One parcel is bounded on the north by Atlanta Avenue, on the east by Huntington Street, on the south by Pacific View Avenue, and on the west by First Street. The second parcel includes the area north of Pacific View Avenue between the prolongation of Sunrise Drive and Beach Boulevard. 3 3.5.5. Permitted Uses Figure 3-55 presents uses permitted with a Conditional Use Permit from Planning Commission within District 5. Any modifications or additions to individual residential units shall be permitted upon review by the Department of Planning for compliance with all applicable provisions of this Specific Plan in addition to applicable requirements, conditions of approval and development plans for the approved project. Summary of Development Standards Figure 3-56 presents a summary of the development standards within District 5. This figure is only a summary of the standards and the sections of the plan referenced in the figure must be consulted for the complete requirements of each standard. 3-57 Exhibit"A" - Resolution No.2011-58 3.3.5.5. Minimum Parcel Size No minimum parcel size shall be required. However, prior to approval of any development, a conceptual plan shall be approved by the Planning Commission. Development that is in conformance with the site plan may then be permitted. �35.6. Maximum Site Coverage 5o%of net site area. 3.3.5.7. Maximum Density 3o dwelling units per net acre or 1 dwelling unit per 1,452 square feet of net lot area maximum. �� .$. Maximum Building Height ht 50' maximum. 3.3.5.9. Upper Story Setback too' minimum setback from the northern exterior property line for any portion of a structure that exceeds 35' in height. 3.13.5.1o. Front Yard Setback 20' minimum for all structures exceeding 42 inches in height. 3.3. .11. Side Yard Setback 20' minimum for all streets; 25' minimum for Beach Boulevard. 3.3.5.12. Rear Yard Setback 20' minimum. 3.34.13. Public Open Space No public open space shall be required. 3.3.s.14. Corridor Dedication 20' corridor dedication between Atlanta Avenue and Pacific Coast Highway for public access between the southern end of the Pacific Electric right-of-way and Pacific Coast Highway. This requirement may be waived if the corridor is deemed unnecessary by the City. Any proposal for an alternative must be approved by the Planning Commission. . .1 . Conservation Overly A portion of District 5 is designated with a Conservation Overlay. Within this area, all following requirements of the Conservation Overlay shall apply. 3-58 Exhibit"A" - Resolution No.2011-58 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 o.8 acres of 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. 2) Boundary The 2.2 acre area is immediately adjacent to Beach Boulevard. The Conservation Overlay boundaries are shown on Figure 3-57• 3) Regulations a) Development shall be permitted only pursuant to an overall development plan for the entire overlay area and subject to the following: as a condition of any development on this parcel, topographic, vegetation, and soils information identifying the extent of any existing wetlands shall be submitted to the Director. b) The information shall be prepared by a qualified professional, and shall be subject to review by the California Department of Fish and Game. c) If any wetland is determined by the Department of Fish and Game to be severely degraded pursuant to Sections 30233 and 30411 of the California Coastal Act, or if it is less than one acre in size, other restoration options may be undertaken, pursuant to the Coastal Commission's "Statewide Interpretive Guidelines for Wetlands and other Wet Environmentally Sensitive Habitat Areas." d) Conservation easements, dedications or other similar mechanisms shall be required over all wetland areas as a condition of development, to assure permanent protection. e) Public vehicular traffic shall be prohibited in wetland areas governed by a conservation easement. f) Specific drainage and erosion control requirements shall be incorporated into the project design to ensure that wetland areas are not adversely affected. g) No further subdivision of any parcel shall be permitted which would have the effect of dividing off environmentally sensitive habitat from other portions of such parcels for which urban uses are permitted in the City's Coastal Element until such time as the permanent protection of any wetland is assured. 3-59 Exhibit"A" - Resolution No.2011-58 h) Within areas identified as wetlands in the coastal zone, the uses of the Coastal Conservation District shall supersede the uses of the Floodplain Overlay subdistricts FP1 and FP2 as addressed in Chapter 222 of the HBZSO. 3.3.6• District 6 — Pier & Pier-related Commercial .3.3.6.1. Purpose 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. 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 sa,-ne time, ccrre-must becncrCT3ccrCv inSaTe CT-ra-C the majOF portion of the pier will r-emain aEcessible te the public at no chaFge,f0F StFellipg,- , The main thoroughfare of the pier should remain clear for public safety. . .2. Boundaries The boundaries of District 6 shall be consistent with the Coastal Element of the General Plan and are shown generally in Figure 3-58. 3.3.6.3. Permitted Uses Figure 3-59 presents uses permitted within District 6. The table details whether the use is permitted or whether the use requires an Administrative Permit, a Conditional Use Permit from the Zoning Administrator, or a Conditional Use Permit from the Planning Commission. For permitted uses, other visitor-serving related uses as described in the Coastal Element of the General Plan that 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. Any new construction shall require approval of a Conditional Use Permit from the Zoning Administrator. 3.3.6.4. Summary of Development Standards Figure 3-60 presents a summary of the development standards within District 6. This figure is only a summary of the standards and the sections of the plan referenced in the figure must be consulted for the complete requirements of each standard. 3.3.6.5. Minimum Parcel Size No minimum parcel size shall be required. 3-60 Exhibit"A" - Resolution No.2011-58 3.3.6.6. Maximum Site Coverage 1) No maximum site coverage shall be required, except that no more than 25% maximum of the pier shall be covered by any building or roofed structure. 2) 25%maximum of the perimeter of the pier shall be covered with building or other roofed structures. 3.3.6.7. Maximum Density/FAR No maximum density or FAR requirement shall be applied in this district. 33.6.8. Maximum Building Height 1) 25' and 2 stories above the pier level. 2) 1 story maximum building height on the pier, excluding the end of the pier cafe;a-n4 northwest of the pier shall he one s" 3) No maximum building height shall be required for lifeguard towers or other facilities necessary for public safety; however, adverse impacts to public views should be avoided to the maximum extent feasible. 4) No paFIingctrface or-Stn-iEt e-h-II exceed the minims im ef bele r the maxima height f the adjacent bluff. 5_) Development proposals shall include a public view analysis. 6)_ Public views shall be considered and maximized. 3.3.6.9Upper Storer Setback No minimum upper story setback shall be required. 3.3.6.1o. Front Yard Setback. No minimum front yard setback shall be required. 3.3.6.11. Side Yard Setback No minimum side yard setback shall be required. 3.3.6.12. Rear Yard Setback No minimum rear yard setback shall be required. 3.3.6.13. Public Open Space Promotion and retention of public open space,a-nd pedestrian access, and._public views shall be major considerations of development in this district. Free__and clea_r_p_ublic pedestrian access..along the outer (Seaward) perimeter of the pier_shall be maximized.and,_at__a__minimum, a_io foot wide area shall be maintained for public 3-61 Exhibit"A" - Resolution No.2011-58 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 ipier'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 addition, PPublic walkways along the pier edge or around the perimeter of new development must be provided. 3.3.6.14. - PublIC Access Any-public pier curfew/closure that applies to an 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 gain access to State tidelands. Any inland closure shall provide for continued public access to a_ny_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 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_per_i_odic 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 st_orm events_.shall_be permitted oniy_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_C_om_mi_ssion In-such-cases as.soonas_.the situation permits. 3.3.7. District 7 — Beach 3-62 Exhibit"A" - Resolution No.2011-58 3.7.1. Purpose 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 beach 1,vill be -used fOF speEi eveRts thFE)UghE)Ut the yea F, SUE NPPL Paintball ToUFnarnent, and , r=k a UOR. The beach paFkiRgand plaza-areaS neFth 0� the, pieF aFe also used weekly fee a FaFrneFS' MaFk„t and craft fai.- 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. 3.37.2. Boundaries District 7 boundaries are shown on Figure 3-61. District 7 is bounded by Pacific Coast Highway on one side and the Pacific Ocean on the other side. The district extends from Goldenwest Street to Beach Boulevard, except for the area which is part of District 6. ?� 7.�. Permitted Uses Figure 3-65 presents beach open space uses and public facilities, as well as other related uses or public facilities not specified herein, that may be allowed subject to approval of the Design Review Board. Any change of such use or public facilities shall be subject to the approval of the Director. .7.4. Prohibited Uses Storage containers and stand-alone storage buildings shall be prohibited in beach areas. 3.3.7. Summary of Development Standards Figure 3-66 presents a summary of the development standards within District 7. This figure is only a summary of the standards and the sections of the plan referenced in the figure must be consulted for the complete requirements of each standard. � 7.6. Minimum Parcel Size No minimum parcel size shall be required. �.7.7. Maximum Site Coverage No maximum site coverage shall be required. .�,7.8. Maximum DensitFAR No maximum density or FAR requirement shall be applied in this District. 3�9. Maximum Building Height 3-63 Exhibit"A" - Resolution No.2011-58 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. o. Upper Story Setback No minimum upper story setback shall be required. 3.3.7.11. Front Yard Setback No minimum front yard setback shall be required. 3.3_7.12. Side Yard Setback No minimum side yard setback shall be required. 3_3.7.13. Rear Yard Setback No minimum rear yard setback shall be required. 3_3.7.14. Public Open Space Public open space and pedestrian access shall be major considerations of development in this District. 3.3..7.11 .____Publ_ic Access 1. A._public beach closure/curfew cannot apply__to tlie_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 necessaryto address documented public safety events that cause_a risk or_hazard-to_th.e__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 I_Imit_publlcaCCess Shall_be reassessed on a_perodic basis to_assure_maximum_public_access_is provided. Limited closure for beach maintenance_may_be al_lowab.le_pursuant to_a coastal development permit. 3-64 Exhibit"A" - Resolution No.2011-58 2. 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 postin of "no parkin_" 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 safetyere such parkin 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 Chapter 24S 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. 3. Public recreation and access opportunities at public beaches and parks shall be protected, and where feasible, enhanced as an important coastal resource. 4. All beach amenities available to the general_public on the City_'s-Du blicbeaches (including those owned and operated by the City-and the State.) shall be available to aU members of the general public on an equal basis. 5. 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 subiect_to coastal_development_permit requirements in _accordance with_Chapte_r_z4_5 of the HBZSO 6. No development shall be permitted that would result in the loss of sandy_beach area. 3.3.8 Resource Production Overlay 3-65 Exhibit"A" - Resolution No.2011-58 Purpose.The Downtown Specific Plan area overlies long-productive oil pools. Many facilities are still operating because of the extent of the remaining reserves;therefore oil production will continue to be permitted in parts of this area (see Figure 3-67). The City provides for oil facilities by designating oil "suffix" zoning Districts in connection with an underlying base zone such as a commercial or residential District. Both oil facilities allowed by suffix and the other uses allowed by the base zone are permitted. Currently,the City has two oil suffixes the ")"which allows existing oil wells and attendant facilities but no new wells and the "ol"which allows the drilling of new wells in addition to all uses in the "o" District.These suffixes, with certain modifications, are also employed in this Specific Plan. In addition to the oil suffixes three Resource Production Overlays have been identified. Existing and/or expanded oil production may continue in these areas provided that the additional conditions outlined in this subsection are met. 3.8.E Oil Overlay "A" The regulations in this overlay District facilitate continued oil recovery, but require all new facilities to be concentrated into a second, soundproofed and landscaped expansion of the existing oil site and encourage the expeditious removal of existing wells from oil overlay "B". Boundaries. Oil overlay"A" includes an existing oil island located in District#4, between 19th and 18th streets from Pacific Coast Highway to the area is Walnut Avenue. Regulations. New wells and related facilities shall be permitted in accordance with the-ol suffix and related provisions in the Huntington Beach Ordinance Code provided, however,that the following additional conditions are met: a) Any new well must be part of a secondary or other enhanced oil recovery project of used as replacement of an existing well. b) A schedule for abandonment of all wells operated by the project proponent which are located within Bolsa Chica State Beach shall be submitted to and approved by the Director of Development Services prior to the drilling of any new well. This schedule may be amended at the discretion of the Director of Development Services. c) The project proponent shall agree to a memorandum of understanding with the City as a condition for approval, stating that no new wells shall be drilled by that company on Bolsa Chica State Beach (oil overlay "B") nor shall the existing wells be redrilled except, in such cases where: 1)the redrilled well will be produced by a "subsurface" or"down-hole" pump, only, or 2)the redrilled well will be produced by other new technology with fewer visual and environmental impacts than a conventional ball and plunger pump, or 3)an intensified 3-66 Exhibit"A" - Resolution No.2011-58 screening plan is approved by the Director of Development Services which substantially improves the appearance of the area. d) The operation site shall be screened by a wall,fence, or structure in keeping with the character of the area.The site also shall be landscaped so as to ensure visual compatibility with the surrounding area.A screening and landscaping plan must be submitted and approved by the Director.All structures shall generally conform to the height limits and setback requirements of the base District.The Director may waive these restrictions if it would result in better overall soundproofing, odor reduction and/or visual compatibility. .8.2 Oil Overlay "B" The regulations in this overlay facilitate continued oil recovery, wells may be redrilled if surface pumping units are replaced with subsurface ones. Drilling of new wells may be permitted but only if the result is a significant reduction in the amount of space used for oil operations on the beach. Boundaries. Oil overlay "B" comprises a section of Bolsa Chica State Beach currently in oil production in District#7 between Goldenwest and lith streets. Regulations.Wells may be redrilled in accordance with the-o suffix in the Huntington Beach Ordinance Code provided, however, that the following additional conditions are met: The operator submits a report to the Department of Development Services explaining why there is no other feasible, environmentally less damaging inland site (such a report must be approved by the Director); or agrees to a memorandum of understanding with the City stating that the redrilled well will be produced by a subsurface or down-hole pump or other new technology with fewer visual and environmental impacts than a conventional ball and plunger pump. A schedule for abandonment of all wells operated by the project proponent which are located within Bolsa Chica State Beach shall be submitted to and approved by the Director of Development Services prior to the drilling of any new wells. This schedule may be amended at the discretion of the Director of Development Services. All redrilling operations shall be limited to a period from October 1 to May 31, except for emergencies for which the Fire Chief may waive these seasonal restrictions, but shall require soundproofing in accordance with Title 15 of the Huntington Beach Municipal Code. 3-67 Exhibit"A" - Resolution No.2011-58 New wells may be permitted if they are part of an overall consolidation plan which significantly reduces the area used for oil facilities or expedited the removal of existing oil facilities within the overlay area.A consolidation plan must be submitted to the Director of Development Services for approval before a permit for drilling any new well will be issued.All drilling operations must be conducted in accordance with the requirements of the of suffix in the Huntington Beach Ordinance Code. 3..3.8.3 Oil Overlay The regulations in the overlay facilitate continued oil recovery and provides for future oil production needs. Boundaries. Oil overlay"C" is an irregularly shaped site in District#5 between Lake Street and Huntington Avenue and Atlantic Avenue. Regulations.Well drilling and redrilling shall be permitted in accordance with Title 15 of the Huntington Beach Municipal Code and with the o and of suffix and related provisions in the Huntington Beach Ordinance Code.A conceptual site plan for the entire overlay area must be submitted prior to permitting any project development or subdivision of land within the overlay. The plan shall include at least one (1) oil island of not less than two (2)acres in size for new oil well drilling and oil production. Such island(s) shall be incorporated into the overall development plan so that noise, odor and visual impacts on the residences are minimized, and safe access to the oil site(s) is provided. Findings that at least one such island so designed is incorporated into the plan shall be made by the Planning Commission before approving any development project. 3-68 Exhibit A ResolutionNo:2011-58 3 - LAND USES & DEVELOPMENT STANDARDS 15 , Le Non-Residential Uses Use District Off-Street Parking Spaces Retail/Personal Services District 1* 3 spaces per 1,000 sf All Other Districts 5 space per 1,000 sf _ Personal Enrichment District 1* 3 spaces per 1,000 sf " Services All Other Districts 1 space per 35 sf of instruction area; or maximum 1 per zoo sf provided the number of students does not exceed required number of parking spaces, plus instruction area does not exceed 75%of floor area h Offices District 1* z spaces per 1,000 sf .t. All Other Districts • Business/Professional:4 spaces per 1,000 sf Restaurant District 1* 8 spaces per 1,000 sf Less than 12 seats: 3 spaces per l000 sf All Other Districts • Less than 12 seats: 5 spaces per 1,000 sf . -` — • More than 12 seats:to spaces per 1,000 sf Hotel/Motel All Districts 1.1 spaces per room, plus 1 space per e passengerj" ' transport vehicle(minimum of z stalls)and z spaces y for any manager's unit and parking for other uses as i required by this Section `' Bed and Breakfast All Districts 1 space per room, plus 1 guest space and 1 manager/ I owner space Cultural Arts Facilities All Districts 1 space per 300 sf Per H BZSO Assembly Uses All Districts i Exceptions: t a)At any time it deems necessary,the Planning Commission may require additional on-site parking to 4 meet the parking demand generated by a use or development. 0 b) No additional parking shall be required for new development in District 7. However, tathat ,. proposes,the removal of existing parking shall provide for the replacement of that parking at a 1:1 ratio.. W� i ,- -��1�V'� :Figure 3-15 Vehicle Spaces Required(1 of 2) : HUNTJNGTON BEACH DOWNTO NW SPECIFIC PLAN NO 5 A .'. D0W'N1 OWN S`'PECIFIC PLAN 3-�7 January 19 ,zolo 9 L. rs�� �jv _ T)VOY4ibit<<A ut� �N°v�e1-5 New Figure 3-22a.Visitor Serving Overlay r C/xl S ' - - Cj District 1- ry Visitor., erving Commerciar Over i Ord Figure 3-22a. Visitor-Serving Commercial Overlay(District 1):All ground floor square footage within the Visitor Serving Commercial Overlay shall be visitor- serving commercial uses. Non-Visitor Serving Commercial uses may be permitted only above the ground floor within this overlay area. E bit"A"-- Resolution-No.2011-58 -- - - CA c 3 - LAND USES & DEVELOPMENT STANDARDS Permitted Uses District 1 Admin CUP CUP TU P Use Permitted Permit from ZA from PC from ZA Accessory dwelling units Artists'studios' ✓ Banks and savings and loans branch offices 2 ,/ Carts and kiosks 3 Commercial parking_ Lc Ao( ✓e-rwmN,�Ier li V/ Y` i Cultural institutions Eating and drinking establishments 4 ✓ Eating and drinking establishments,with less than ✓ °k`.. 12 seats IIC ? Eating and drinking establishments,with alcohol ✓ ;.< (hours of operation up to 11 pm M-TH and 12 am Fri-Sun.) Eating and drinking establishments, with alcohol ✓(hours of operation past ii pm M-TH and/or 12 am Fri-Sun.) j Eating and drinking establishments, with dancing ✓ I w Eating and drinking establishments,with live ✓ y E : entertainment 3 .. . Food and beverage sales,without alcoholic ✓ I beverage sales Health and sports clubs �/ $ Home occupations 5 Hotels, motels, and bed and breakfasts ,/ Live/work units e V/ Offices, business and professional Personal enrichment services s �/ J Personal services Public facilities ✓ ! 2* Real estate businesses ✓ , Religious assembly ,/ i Multi-family housing, apartments, condominiums, V/ and stock-cooperatives(up to 4 units) 4 ^` . Multi-family housing, apartments, condominiums, ✓ and stock-cooperatives(more than 4 units) ;Y Single-family detached dwellings 9 V/ ';:e Retail markets with alcohol sales'° ✓ Retail sales ✓ ' " ' HU:NTINGTON. BEACH DOWNTOWN SPECIFIC PLAN NO = 5 DOWNTOWN SPECIF IC tiP'LA*N ; 1 3-4 , 4 rs< S i January 19,zoo Exhibit"A" - Resolution No.20.11758 ,. 3 - LAND USES & DEVELOPMENT STANDARDS Permitted Uses District 1 Admin CUP CUP TUP Use Permitted Permit from ZA from PC from ZA Retail sales, outdoor" ✓ Service stations 12 ✓ Theaters ✓ --� Travel services ✓ 'Must include retail sales xt 2 With no drive through windows and not to exceed 5,000 square feet `- - 3 Pursuant to Section 230.94 of the HBZSO vi) ve ✓� 4 Pursuant to Section 3.2.24 Outdoor Dining DrU 2S f ✓� j Q� 5 Pursuant to Section 230.12 of the HBZSO �T 6 Provided that: rIVnJ6e'✓ llls4 • 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. _J • 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 t, shall not be classified as a live/work unit. 7 Pursuant to Section 3.3.1.3. Permitted Uses, items 1), and 2) y .' �' $ Not to exceed 5,000 square feet . 9 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 to 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 %k� 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 r tz With minimum 14,000 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: 1 g or a Projects with loo'fronts greater shall require a CUP from PC. j g q it Projects with less than loo'frontage and additions shall require a CUP from ZA. I° Figure 3-24 Permitted Uses District 1 (2 of 2) , F:µ .,. _ HUNTING-TONrBEAC'H DOWNTOWN SPE�CIFI'C PLAN N 5 3-42 DOWNTOWN SPECI-;FIC PLAN; , January.19,2bf6o'. Res. No. 2011-58 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 Ci lerk and ex-officio lerk of the City Council of the City of Huntington Beach, California ATTACHMENT #3 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 908024302 (562)590-5071 June 23, 2011 Scott Hess . Director of Planning IECidfD 2000 Main Street Huntington Beach, CA 92648 JUG 2 8 2011 &suill�ing 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. Item 22. - 158 xB -522- 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 Henry District Manager cc: Mary Beth Broeren, Planning Manager Jennifer Villasenor, Senior Planner HNB LCPA 1-10 DSP pst act Itr 6.23.11 my xB -523- Item 22. - 159 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 undedined 6tFike out te.,+ Numbering may be revised as appropriate to accommodate revisions. LAN® 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: ">30" 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 Item 22. - 160 HB -524- 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 7t' Street. IMPLEMENTATION PLAN DOWNTOWN SPECIFIC PLAN - SUGGESTED MODIFICATIONS BOOK 1 Chapter 1 Introduction: Suggested Modification No. 1 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) 1D�•,�ie Existing parking regulations may be revisited to encourage consolidation and development of underutilized parcels, while assuring that public access and recreation are maximized. xB -525- Item 22. - 161 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€nhaflee directional signs to inform motorists of available public parking locations stasdafds. 6) Simplifyiffl 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 parkina spaces. 9) Encourage proiects that promote and enhance the availability of public coastal access and recreation. Developments that have the potential to adversely impact public parkina available for coastal R 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: Item 22. - 162 xB -526- 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�lara+n G9MMiSSieR'6action. If the proposed changes are of a substantial nature, an amendment to the original entitlement Fe 'they the Dlanninn Gomm6gsinn OF Zeninf dminia+re4nr may be required pursuant to HBZSO Sections 241.18 and 246.38, Amendment made by the Director of Planning may be appealed by the Planning Commission pursuant to HBZSO Section 248.28. In additlon, 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 246 shall aoRlly. 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. o The amount of existing parking shall be maintained and ;��d ad gate-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. xB -527- Item 22. - 163 1 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. Item 22. - 164 HB -528- City of Huntington Beach LCP Amendment 1-10 Downtown Specific Plan Update Adopted Suggested Modifications Page 6 Suggested Modification No. 9 DSP Book j; 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 160,000 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. A parking 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 bevond 150,000 square feet. Such measures may HB -529- Item 22. - 165 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 150,000 square-foot new non-hotel, commercial development threshold for District 1. BOOK I 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. Item 22. - 166 HB -530- 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 apreve 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 subject to coastal development permit requirements in accordance with Chapter 245 of the HBZSO. 4. Vacations may only be approved when jpublic 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 bome by the developer. 7. Any public parking removed must be replaced on a one-for-one basis eit-her 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. and!9r n\ th Fo gh the in lies i Fee prnnram 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 subject to coastal development permit requirements in accordance with Chapter 245 of the HB -531- Item 22. - 167 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 shall be subiect to evaluation and consideration of the following and necessary infrastructure studies required by the City. 1. The City shall review agave 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 subiect to coastal development permit requirements in accordance with Chapter 246 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'. Item 22. - 168 HB -532- 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 coniunction 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 parking99 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 safely. 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 500 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. HB -533- Item 22. - 169 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 'h(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 subiect 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, ssastFUGtieR 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 Item 22. - 170 HB -534- 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. ,}, y }� /� /�/�� ,2. Gem ial pFgjerts qF+eateF thhCti; 19,,900 squaFe feet shal.1 submit a (re-number following Post) 3. Valet and/or remote parking for special events and activities and during the peak summer season. 4. Provision of 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 project'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 any 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 GORdi+ienal Use PeFmit by the Planning Gammis and is subiect 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 xB -535- Item 22. - 171 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) 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 shail be no reduction in the number of existing parking spaces for retained square footage. Existing pare footage is gFandfatheFed feetage er) to he paFked at a higher nu tuber than wha exist 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) L 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. Item 22. - 172 xB -536- 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, subject 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% 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' HB -537- Item 22. - 173 City of Huntington Beach LCP Amendment 1-10 Downtown Specific Plan Update u 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 Item 22. - 174 xB -538- 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; and open spaGe, open to the street on the first floor, of 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 113) shall be exempt from the public open space requirements but must meet the requirements found in Section 3.2.16 Open Space. 5) PaFGe'S within DiStFiSt 1 having less than 4 50' 9f street ftntage Fnay satisfy the publir. open Spar.9 F8q FemeRt by paying a pub 1iG amenity i 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. HB -539- Item 22. - 175 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 'h (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 and/of 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 %2 (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. Item 22. - 176 xB -540- 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 xB -541- Item 22. - 177 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 maiority of the pier will remain open. and accessible to the public at all times at no charge for strolling, fishing, and/or observation. prefer-s 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. vier-will remain apeessihle to the igublin at ran nhaFge fnr 6#91li fie.hiA �r Novii. ebsewatien: c enifin--fhi, -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 cafe, 3) No maximum building height shall be required for lifeguard towers or other facilities necessary for public safety, however, adverse impacts to Item 22. - 178 HB -542- City of Huntington Beach LCP Amendment 1-10 Downtown Specific Plan Update. Adopted Suggested Modifications v Page 20 public views should be avoided to the maximum extent whefe feasible. 4) No pag(iRq i„-fage OF 6# irAUFe Shall evneed the w,ir,imum 9f 1' belq `hv 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 space,.and pedestrian access, and public views shall be major considerations of development in this district. Free and clear public pedestrian access along the outer (seaward 9 perimeter of the 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 alone 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. 4n ad4itie" 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 gain 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 HB -543 Item 22. - 179 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 beaGh will alse be used for speni;41 e'�ts th F9UG td�, the �enr c+�.nl� ..c. the I 1 C flnen .,f CeE nn +he. A\/9 Pr cur—such a the U.S. Gocri-ef Su-rtr+c�-the-r-c-vt LI .-• e r.wer arep 1 � �.�nrJ � Leo ly for C rrrere.� M rLa4 nr) nr fE f it Tcrar�arso���a-vvcck��-ro,-�-,��-�,�„� . 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. 4.0 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. E Item 22. - 180 HB -544- City of Huntington Beach LCP Amendment 1-10 Downtown Specific Plan Update Adopted Suggested Modifications s 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 3.3.7.1.6 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 lane 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 safe . 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 Chapter 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. HB -545- Item 22. - 181 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 subiect to coastal development permit requirements in accordance with Chapter 245 of the HBZSO. F. No development shall be permitted that would result in the loss of sandy beach area. Item 22. - 182 xB -546- ATTACHMENT #4 xB -547- Item 22. - I83 F�1 , •p�^r �a�qyy'F�y "�"1 a. . r� Rey,:: >i�_.� g^ `+f - +s "y ,.__;ti.. '":�-_ €' ,,,; s xav s, 4p a-`'. - - '. '4 a n 4 {• �r{:.,,", 4fi,; ' y $$ n t - I 000 low 4b a04 �� - 4E � �• s =gym, ,�,»�' - ':: ,� , kJo 41 NO low . t „ G ' F,a 'Y .. ,g•,. h _�'' TT}}i 1,:. S: -r1 ,sou t k K b t• fir'.; :"fir ;°�{ �„ �' ^'�`'3yj5 3, yLy� r5 za:�F .. d Y.a.•tr�;�7+ r •,���: rid' _. ...} n; ,x x -�i 5'1 :�r4 ts{'•za, r. 4 -. err ^..fi„�f,,1 �{ ' +,',:.5 �':•. • :.. .. t..i.^r„ .:a F :s3r ..f "C��, ,.c tr���.•fly «s„z.p d. x fi �::. •.t� r .@ av 1.f u: ,e r~sctJ4 .t v K� 1 > ;, r ;i,•• q, � r �, r vyFr�, N"',tom .:,,,. .�. 1.,e r� -Y� !l'. ` ,.�ti^' 'a `t .F'1Y. v a._ .,.,,:�.:, •, 's ''.' its.:.<L ry -:. %�., rf.,p.�� 'ff` A� C.T'c.i-' y?F..� I @M'�,} -k,: �" ... :',:r:. .�. �',r y,. .� ...:r <•.:.: „,.r':_ >.�t ..J. 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F' �. .a i.;.7 Y� .. ..,:_- :. .. .; -:c. > � ��f', ( 1 ,1� - i�Ryy, AdIMIL AMM ne s� Augu 1IJ .11 AP ON g Background 2006: City Council directed update to Downtown Specific Plan ➢ January 19, 2010 : City Council adopted Downtown Specific Plan Update June 15, 2011 : Coastal Commission approved the DTSP Update with modifications December 15, 2011 : final date City Council must accept and agree to modifications before expiration of CCC action I I a r • � �j �Y ," i • ;� x1 /^, jam•' ,�� j' -• ��� ." fs! �•) -' ./"i ;1. „ { n I r , 'i .l Y , t , d Y 44 ee S 7� r6; .� :. � v , t5 } € � .�t tea � � ��,:.�- � Aa�J ^P3�ii���rF a1�4P��.i'F�R P�ti ��"�r4r R. rt �•rd fi���i i,y- c !�`sf 1 iy�r `` r�..r� �,r s rSrP+ F� J � i:; u Rr `� � •5 0 ( S •� `... t i a _ _^ �i®. �,• �� �3���g .��,'� �€... �.,� r' � � 5 ,`A` „ r .�i' y,, �. .. .I r � _`::•3� sue, e ��"� +°A i ii �, �, �• ' - .�` - a 4 '" t �': ':�� t1. '� _ - d ,�e.� t� _ �`� �'� �®e. si� ru�,�� 1 � to - dY I �� V,y i • ,.w. ..- Ny�'.`y� �; :;"s J.„ �:a .. , ,.e-, .o.., .,.,�., ,..... f� � c�t ;:v'; �' € d ,S'o- }^ .��` � { £' 9:- u. kJ r�;�! kj ... r ,... Via, ,.. - �� ;'fit { 'i4w1`: �� 3, -kj• .®� s� ri e ash .,{ 4;�,i"� �sr.���:� Rai �iit. s ,a va � k4 ��, tiff � 1 t '®�• �a i;' a®b i j' I "4 r `r, 's ;1 � � r '� n T �w` � � e��•' i;�eat v p I r a� � I r _-. L 4a � .. , �� ;, � _��` � ry ,'. -- e-a ..W, A e a e ��rb A 1eA•a .( �,__ ,� ''�.'' 4� � t� � ., : � t1,.. t. :®d'e € e.., `�• .� �¢° _ Y. •° ail � € i¢I `�." +a - _ + i �,2 v f � t . a • N Analysis ., Perking cc 00 DTSP approved : CCC Mods : � Expansion of reduced ➢ Restrict preferential parking parking ratios to 3rdSt. , 5t" districts and controls that Still PCIi may reduce coastal parking � Reduced restaurant ratio ➢ Incorporate coastal zone x from 10 spaces/1 ,000 s.f. to replacement parking 8 spaces91 ,000 s.f. provision of HBZSO A11overs tandem parking ➢ Require parking assessment configuration upon construction of 150,000 s.f. of net new commercial square footage � o r . t AnalySIS . Vismitormzow*ierving Commercial Overlay ®TAP ISAriCt 1 4 � T fi s m �i s, erving Over CD C. z i 00 + • d� i r 3. t � ,.•• , ate, 'i.� of � �.e' � ��.. "�',., '-4, r.I : I + ' �• A r� r a- 1 a2 a d ,�1';?� �.:, #,*� 5�kz, s�'� '.��:z 3 ,.,.,� .u_3... �.'� �em `^ :;�-,.+ Fr���fi"i. tr '.�. r .. �',4 a�a a: (..i.• :f 11IA,Ib µ„ �,. �:� xr Y�- 3,;`.. A. �a«�r j'Y��,w$ z• ,� q��� _F`�'al 'fr �a, _F'�.N m a ,�, 5: '�'% ,�s.F��sr �% .? i�l.a ru { �+.� '.F,: .« :.,5;, � f' �-:.`^ 4r,„ r dy�'ay a.i �'4 - �, a �.;wg � _ � k� � j L .•..� ', �•�_ A y � d n� # 'u s?: #,„' "'p-? ^S"'�sc'k*`:.:!: t .S` y Analysis : Public Access � Require beach and parks to maintain lower cost user fees and parking fees � Require replacement parking within proximity to removed space A Require coastal development permit for beach and pier curfew hours s Must be minimum necessary to address public safety, maintenance, and severe storm events . Mod does not specify hours or prohibit City from implementing cu rfew on peer or beach N N w ithin City's jurisdiction N MWcorn rn e n d a t i o n N Accept the Coastal Commission's approved modifications Approve revisions to the General Plan Coastal Element and Downtown specific Plan Forward to the Coastal Commission for �. Executive Director determination of City's compliance with CCC action COMMUNICATIONS RECEIVED REGARDING AGENDA ITEM ACCEPTING MODIFICATIONS TO LCPA NO. 1-10 APPROVED BY THE CALIFORNIA COASTAL COMMISSION (DOWNTOWN SPECIFIC PLAN UPDATE) HB -557- Item 22. - 193 RICHARDSON GRAY # t u u 415 Townsquare Lane#208 Huntington Beach, CA 92648 714-348-1928 i._. . ..- -.. ,. .. ia richardson.gray@yahoo.com August 5, 2011 Joan L. Flynn City Clerk City of Huntington Beach Second Floor 2000 Main Street Huntington Beach, CA 92648 Re: Written Comment for City Council Public Hearing, August 15,2011, Local Coastal Program Amendment No. 1-10 (DTSP Update) Dear Ms. Flynn: Attached is my letter to the City Council for the referenced public hearing. Please include my letter in the official, permanent record for this public hearing. Thank you. Sincer yours, Richardson Gray Item 22. - 194 HB -558- RICHARDSON GRAI' 415 Townsquare Lane#208 Huntington Beach, CA 92648 714-348-1928 richardson.grgy@a ahoo.com Mayor Joe Carchio August 5, 2011 Mayor Pro Tem Don Hansen Council Member Connie Boardman Council Member Keith Bohr' CouncilMember Devin Dwyer Huntington Beach Civic.Center Council Member Matthew Harper ' 2000 Main Street Council Member Joe Shaw Huntington Beach, CA.92648. l[Ze L'�vv�ntoE,n Speel :e Plan (DTSP) 0ty Cout cH `Note,At iiUst 11; , Dear Council Members Carchio;Hansen B. Boardman,Bohr, Dwyer,Harper, and Shaw: Concerning the City Councl's upcoming DTSP vote, I am writingyou about the legal protections for Triangle Park and Main Street Library. 'My reasons are twofold. First,Steve Bone and Fred Wilson have been courting a Surfmg Heritage Foundation museum for the Library,without neighborhood input. Given`Steve Bone's $1,000,000+Hyatt investment, in my opinion, his promotion of tourist attractions at this site is a conflict of interest, and is outside of his Marketing;&Visitors Bureau's contractual public in date. Second,on Bill Borden's April 28th column, satirically,suggesting the development of Triangle Park, the Wave failed to publish a rebuttal from other downtown residents. This rebuttal cited the Park and Library's two major development restrictions,as follows: Triangle Park'.s 1917 deed requires that the City: "shall n amtdiii and keep in good condition the property as a public park and for no other purpose." Moreover, the City's DTSP.litigation brief, from January 1$, 2011, bases argunients upon and`quotes a Planning Commission"Staff Report for the DTSP, dated June 23,2009,from Scott Hess, Director of Planning, and Stanley Smalewitz,Director of Economic Development: "[A]nyproposal for development on the existing library site, other than a remodel of the library within the existing building footprint, would require a vote of the people in accordance.with [Measure C]. Bound by these legal protections, our City leaders must actively solicit input from downtown residents regarding an lans for the Park and Library". Without earl and substantial g g y'p y y neighborhood involvement, any such`plans will face additional protracted legal challenges, and further staunch widespread public and political opposition. HB -559- Item 22. - 195 Huntington Beach City Council August 5, 2011 Page 2 Thank you for your consideration, and for your continued support for the preservation of Triangle Park and Main Street Library. Sincerely ours, /chhardson Gray cc: Members, Huntington Beach Planning Commission Fred Wilson, City Manager Jennifer McGrath, City Attorney Paul Emery, Director of Community Services Members, Huntington Beach Community Services Commission Scott Hess, AICP, Director of Planning and Building Stanley Smalewitz, Director of Economic Development Stephanie Beverage, Director of Library Services, Huntington Beach Public Library Members, Huntington Beach Library Board of Trustees Members, Huntington Beach Historic Resources Board Stephen K. Bone, President and CEO, Huntington Beach Marketing & Visitors Bureau Members, Board of Directors, Huntington Beach Marketing& Visitors Bureau Members, Huntington Beach Hotel/Motel Business Improvement District Robert C. Mardian, President, Surfing Heritage Foundation Steve Pezman, Vice President, Surfing Heritage Foundation Members, Board of Directors, Surfing Heritage Foundation Celeste Hamil, Marketing Consultant, Downtown HB Business Improvement District Members, Board of Directors, Downtown HB Business Improvement District Los Angeles Times Orange County Register Huntington Beach Independent Huntington Beach Wave Huntington Beach Tomorrow Huntington Beach Neighbors Huntington Beach Downtown Residents Association HB-Talk HB*Talks All Residential Abutters of Triangle Park Item 22. - 196 HB -560- COMMUNICATIONS RECEIVED REGARDING AGENDA ITEM ACCEPTING MODIFICATIONS TO LCPA NO. 1-10 APPROVED BY THE CALIFORNIA COASTAL COMMISSION (DOWNTOWN SPECIFIC PLAN UPDATE) RICHARDSON GRAY:. O I .- ' :. :- '415 Townsquare Lane 9208 Huntington Beach,CA 92648 7.1`4-348'1928Ilk,I J i r1, richardson.gray@yahoo com" August 5, 2011 Joan L. Flynn. . City"Clerk City'of Huntington Beach Second Floor 2000 Main,Street " Huntington Beach; CA 92648 Re Written'Comment for City Council Pub lie"Hearing, August-l5, 2011, Local-Coastal Program'Amendment No. I 0.(DTSP Update) Dear Ms.,Flynri: Attached is my letter to the City Council for the.referenced public"hearing„Please include my letter in the official, permanent.record for this pubhc'hearing: Thank you., Sinc'er y�urs, Richardson Gray RICHARDSON GRAY 415.Townsquare Lane 9208 Huntington.Beach,CA-92648 7.14-348=1928 - richardson."grayCa),yahao.com Mayor Joe Carchio August 5,2011 - �Mayor Pro,Tem.Don-Hanseii _ Council"Member Connie—Boardman,. ' Council Member Keith:Bohr Couricil.Member Devin Dwyer Huntington Beach Civic'Ce_nter Council Member Matthew Harper_ 2000 Main Street: Council:Member Joe Shaw ' - . " 'Huntington Beach, CA -92648 _ -...I?e:. ��re?:4a.�.irn_'�wa+rzn��„+ P]�n.1,�'g'�sDl �it�' �.rifi :� ��v�� =�»C3Ai��;Y..Cth Dear.Council Members Carchio,`Hansen; Boardman;.Bohr, Dwyer, Harper;and.Shaw: Conceruing'the City Councils upcoming DTSP vote,:1 am writing,you about the legal pro"tections for.Triangle Parkl and'Main Street Library. My reasons:-are twofold: First,`Steve_Bone and Fred Wilson have been courting'a Surfing Heritage Foundation museum for the Library, without neighborhood`input. Given Steve Bone's"$1000,000+Hyatt investment in my opinion, his promotion,of tourist attractions atthis site is a"conflict of interest; -- and is outs' ide of.his Marketin gg.-,&Visltors.Bureau's contractual.public m andate'. Second,,on Bill Borden's April 28th column;-satirically.suggesting the development of Triangle Park; the Wave failed to.,publish.a rebuttal from other downtown residents..This rebuttal citcd the Park:and Library's two major development restrictions; as,follows Triangle Park's 1917 deed requires that the City: "shall maintain and keep in good-condition the — , property as a publrcpark and for no other purpose. Moreover,.the City- DTSP"litigation brief from January . 8, w i:i; oases a17 Tents uPorr- arid:quotes a Planriing;CommissionStaff Report for the°DTSP, dated June 23 2009, from Scott Hess, irector of Planning;and Stanley.Smalcwitz, Director.of Economic_Development: "[A]ny proposal fordevelopment on the existing;library site, " other than"a remodel of the library viithin the existing building footprint,:would require a,vote of the.people,in.accordance,witl% [Measure C] Bound by these legal protections; our City leaders"must:actively solicit input from , downtown residents regarding any.plans for the1.Park and Library. Without early and substantial.. neighborhood involvement, any such"plans willface additional protracted_legal challenges,and „further staunch;'widespread public,and political opposition:" Huntington Beach City Council 'August 5;.201.1 Page 2 Thank you for your consideration, and,for your`coritinued'support-for the preservation of Triangle Park and Main Street Library Sncerel ours; ichardson Gray cc:"` M,embers,`Huniington Beach Planning Commission Fred'Wilson; City Manager `Je'nniferMcGrath, City.Attorney Paul Emery, Director-of-Community Services.. _ members, Huntington Beach Community Services Commission S.cotvHess, A1CP;Director of Planning and Building , Stanley Smalewitz;Director of Economic Development Stephanie;Beverage,Director of,Library Services,,Huntington Beach Public Library Members-Huntington.Beach Library'Board of Trustees -Members,.Huntington,Beach.Historic Resources Board Stephen K. Bone, President arid,CEO,Huntington Beach-Marketing &"Visitors Bureau M"' bers; Board of Directors, Huntington Beach Marketing &Visitors Bureau Members, Huntington"Beach Hotel/1VIote1,BusinessImprovement District Robert C. Mardian, President,Surfing Heritage Foundation Steve Pezman;.Vice.President,:Surfing Heritage Foundation " Members, Board o f.Directors, Surfing Heritage Foundation Celeste Hamil',Marketing Consultant; Downtown HB Business Improvement District: Members', Board of Directors, Downtown HB Business:lmprovem"ent-District.` Los�ingele�� limes Orange County Register. HuntingtonBeach Independent Huntington Beach`Wave Huntington Beach'Tomorrow, Huntington.Beach Neighbors Huntington Beach Downtown Residents Association , HB-Talk HWTalks `All Residential.Abutters of Triangle Park. NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, August 15, 2011, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: LOCAL COASTAL PROGRAM AMENDMENT NO. 1-10 (DTSP UPDATE): Applicant: City of Huntington Beach Request: 1) To accept modifications to the Huntington Beach Local Coastal Program Coastal Element and Downtown Specific Plan (DTSP) approved by the California Coastal Commission on June 15, 2011 for LCPA No. 1-10. 2) To amend the City's Local Coastal Program Coastal Element and DTSP to reflect the California Coastal Commission's modifications. Location: 336-acre existing Downtown Specific Plan area. Proiect Planner: Jennifer Villasenor NOTICE IS HEREBY GIVEN that this item affects property located in the appealable jurisdiction of the Coastal Zone and includes a Local Coastal Program Amendment that has been approved by the California Coastal Commission. The City Council's action on this item will be forwarded to the California Coastal Commission for Executive Director Determination. NOTICE IS HEREBY GIVEN that the preparation and approval of Local Coastal Program Amendment No. 1-10 is exempt from the requirements of CEQA, pursuant to Section 21080.9 of CEQA and Sections 15251(f) and 15265 of Title 14, Californa Code of Regulations. In any event, Local Coastal Program Amendment No. 1-10 is covered by Environmental Impact Report No. 08-001, certified by the City Council on November 2, 2010, in accordance with CEQA requirements as well as the California Coastal Commission's approval of the Local Coastal Program Coastal Element on June 15, 2011, pursuant to Section 21080.5 of CEQA. ON FILE: A copy of the proposed request is on file in the Planning and Building Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Wednesday, August 10, 2011. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning and Building Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 CityClerkAgenda@surfcity-hb.org http://www.huntingtonbeachca.gov/ CA\Documents and Settings\esparzap\Local Settings\Temporary Internet Fi1es\Content.0ut1ook\EVZ1 IETS\081511 (LCPA DTSP Update Mods).doc CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT: IJ�s� U �dl i e p�, r( DEPARTMENT: 1. " V7 MEETING DATE: CONTACT: eL - V PHONE: N/A YES NO ( ) (V� ( .) Is the notice attached? i ( ) (✓) ( ) Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? ( ) (47 ( ) Are the date,day and time of the public hearing correct? (J) ( ) ( ) If an appeal,is the appellant's name included in the notice? If Coastal Development Permit, does the notice include appeal language? { ) ( ) (✓) Is there an Environmental Status to be approved by Council? { ) ( ) ( Is a map attached for publication? Is a larger ad required? Size Is the verification statement attached indicating the source and accuracy of the mailing list? (4 ( ) ( ) Are the applicant's name and address part of the mailing labels? (v) ( ) ( ) Are the appellant's name and address part of the mailing labels? If Coastal Development Permit,is the Coastal Commission part of the mailing labels? C ( ) ( ) If Coastal Development Permit,are the Resident labels"attached? Is the33343 report attached? (Economic Development Dept.items only) Please complete the following: 1. Minimum days from publication to hearing date 2. Number of times to be published _L 3. Number of days between publications Y r NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, August 15, 2011, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: LOCAL COASTAL PROGRAM AMENDMENT NO. 1-10 (DTSP UPDATE): Applicant: City of Huntington Beach Request: 1) To accept modifications to the Huntington Beach Local Coastal Program Coastal Element and Downtown Specific Plan (DTSP) approved by the California Coastal Commission on June 15, 2011 for LCPA No. 1-10. 2) To amend the City's Local Coastal Program Coastal Element and DTSP to reflect the California Coastal Commission's modifications. Location: 336-acre existing Downtown Specific Plan area. Proiect Planner: Jennifer Villasenor NOTICE IS HEREBY GIVEN that this item affects property located in the appealable jurisdiction of the Coastal Zone and includes a Local Coastal Program Amendment that has been approved by the California Coastal Commission. The City Council's action on this item will be forwarded to the California Coastal Commission for Executive Director Determination. NOTICE IS HEREBY GIVEN that the preparation and approval of Local Coastal Program Amendment No. 1-10 is exempt from the requirements of CEQA, pursuant to Section 21080.9 of CEQA and Sections 15251(f) and 15265 of Title 14, Californa Code of Regulations. In any event, Local Coastal Program Amendment No. 1-10 is covered by Environmental Impact Report No. 08-001, certified by the City Council on November 2, 2010, in accordance with CEQA requirements as well as the California Coastal Commission's approval of the Local Coastal Program Coastal Element on June 15, 2011, pursuant to Section 21080.5 of CEQA. ON FILE: A copy of the proposed request is on file in the Planning and Building Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Wednesday, August 10, 2011. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning and Building Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 CityClerkAgenda@surfcity-hb.org hftp://www.huntingtonbeachca.gov/ G:\LEGALS\CrrY COUNCIL\2011\081511(LCPA DTSP Update Mods).doc 0918/0919®Aaany oane algltedwoo ww/g x ww 5Z}ewio}ap a}fanbij3 09l.S/0gl.S@ AaaAy qm algl}edwoo,,8/9 Z x j azls lagel ° HB Chamber of Commerce i , Kristin R. Stilton Pres., H.B. Historical Society Joyce Riddell p 8192 Mary Cir. C/O Newland House Museum 19891 Beach Blvd. Ste 140 Huntington Beach, CA 92646 19820 Beach Blvd. Huntington Beach, CA 92648 Huntington Beach, CA 92648 President Ray Hiemstra Walli Matten Huntington Beach Tomorrow Environmental Board Chair Pier Colony HOA P.O. Box 865 214 191h Street#5 7400 Center Ave., #205 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92647 CIM/Huntington LLC HBDRA Downtown Residents Association P.O. Box 131071 419 Main Street, Suite 253 Ms. Marie St. Germain Carlsbad, CA 92013 Huntington Beach, CA 92648 505 Alabama Huntington Beach, CA 92648 Mike Adams CIM Group Gerry Schwarzblatt& Fred Lahijani 21190 Beach Boulevard Attn: Robert Wurl S &S Partners Huntington Beach, CA 92648 6922 Hollywood Blvd, 9th Floor 9454 Wilshire Blvd., Suite 207 Los Angeles, CA 90028-6117 Beverly Hills, CA 90212 I HB Marketing &Visitors Bureau Huntington Beach Art Center Attn: Steve Bone Attn: Kate Hoffman 301 Main St.,#208 538 Main Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 i Hyatt Regency Huntington Beach Resort Hilton Waterfront Beach Resort Makar Properties &Spa Attn: J.D. Shafer, General Manager Attn: Ethan Thatcher Attn: Cheryl Phelps, General Manager 21100 Pacific Coast Highway 4100 MacArthur Blvd., Ste. 200 21500 Pacific Coast Highway Huntington Beach, CA 92648 Newport Beach, CA 92660 Huntington Beach, CA 92648 Main Street Library Mayer Financial LP Attn: Robin Ott 660 Newport Center Dr#1050 525 Main Street Newport Beach, CA 92660 Huntington Beach, CA 92648 Tillotson Enterprises Robert J. Koury Branko Cavic Attn:John Tillotson P.O. Box 776 8940 El Presidente 15272 Bolsa Chica Road Huntington Beach, CA 92648-0776 Fountain Valley, CA 92708-4307 Huntington Beach, CA 92649 Jason Miller Robert D. Bolen Joe Gergen P.O. Box 3669 1818 Pine St. 211 Main St_ Anaheim, CA 92803-3669 Huntington Beach, CA 92648-2742 Huntington Beach, CA 92648 Abdelmuti Development Co. CIM Group Pierside Pavilion LLC 101 Main Street Attn: Robert Wurl Attn: Joe Daichendt Huntington Beach, CA 92648 6922 Hollywood Blvd.-Ninth Floor 27741 Crown Valley Parkway, Ste. 223 Los Angeles, CA 90028-6117 Mission Viejo, CA 92691 q label size 1"x 2 5/8"compatible with Avery/55160/8160 Z/ ° ///� - U u ette de format 25 mm x 67 mm compatible avec Avery°5160/8160 09[9/09 LS®AIaAV 09AP a1g11zdwoo ww L9 x ww 9Z 1ewjol ap 914anbl13 091-8/09 MD AJOAV q}Inn 91g11edwoo«8/5 Z x<,G azls laqel Dick Harlow Nancy Tucker Gary Tucker 1742 Main St 727 Main St 727 Main St Huntington Beach,CA 92648 Huntington Beach,CA 92648 Huntington Beach, CA 92648 Steve Holden Gloria Alvarez Kim Kramer 949 1Oth St 503 Pecan Ave 503 Pecan Ave Huntington Beach,CA 92648 Huntington Beach,CA 92648 Huntington Beach, CA 92648 Louise Gupta Jeff Bergsma Mark Bixby 6211 Glenwood 221 Main St Unit S 17451 Hillgate Ln Huntington Beach, CA 92647 Huntington Beach, CA 92648 Huntington Beach, CA 92649 Gary Pope Sandy Pope Suzie Pearson 112 11th St 112 11th St 10101 Cliff Dr Huntington Beach,CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92646 Cloe Dominguez Kirk Nason Darrell Younger 419 Main St#104 120 11th Street 123 1Oth Street Huntington Beach, CA 92648 Huntington Beach,CA 92648 Huntington Beach,CA 92648 Mary Nason Eileen Murphy Blair Farley 120 11th Street 201 21St Street 4702 Madrid Way Huntington Beach, CA 92649 Huntington Beach,CA 92648 Huntington Beach,CA 92648 Paul & Evelyn Bernadou John Scandura Kim Holmes 618 California Street 17492 Valeworth Circle 1008 Delaware, Unit B Huntington Beach, CA 92648 Huntington Beach CA 92649 Huntington Beach, CA 92648 Cindy Lillis Ron McLin Angela Rainsberger 6481 Newbury 217 Main Street 738% Main Street Huntington Beach, CA 92647 Huntington Beach,CA 92648 Huntington Beach, CA 92648 Dave Sullivan Andrew Stupin Ed Zschoche 4162 Windsor 215 5th Street,A 20802 Woodlea Huntington Beach, CA 92649 Huntington Beach,CA 92648 Huntington Beach, CA 92646 Richard Kaae Karen Heidt 734 Main Street 415 Townsquare Huntington Beach, CA 92648 Huntington Beach, CA 92648 label size 1"x 2 5/8"compatible with Avery 05160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery/05160/8160 �--C� 0918/09150AJany oane algl}edwoo ww L9 x ww SZ jewaoj ap 91janbl13 0918/0919®Aaany ql!m algltedwoo<<8/9 Z x«1 azls lagel • Joe Shaw Fred Speaker Joe Pearson 8272 Grant Dr. 2124 Main Street,#195 10101 Cliff Dr Huntington Beach,CA 92646 Huntington Beach,CA 92648 Huntington Beach,CA 92646 Celeste Plummer David Rice Richard Plummer 940 11th St 114 11th St 940 11th St Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Ed Zschoche Ron McLin Sid Spinak 20802 Woodlea Ln 16121 Sandra Ln 111 21st St Huntington Beach,CA 92646 Huntington Beach, CA 92649 Huntington Beach, CA 92648 Dan Kalmick Mary Urashima Richard Jonovich 16772 Glenhaven Ln 19432 Pompano Ln 218 22nd St Huntington Beach,CA 92647 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Sheila Garner David Salkowitz Lois Freeman 118 8th St 415 Townsquare Ln 415 6th St Huntington Beach, CA 92648 Huntington Beach,CA 92648 Huntington Beach, CA 92648 Jay Stallman Karen Jonovich Richardson Gray 117 7th St 218 22nd St 415 Townsquare Ln#208 Huntington Beach, CA 92648 Huntington Beach,CA 92648 Huntington Beach, CA 92648 Martine Crane Robert E. Cooke Suzanne Hart 7901 Seabreeze Dr 415 Townsquare Ln#108 419 6th St i Huntington Beach,CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Lorna Curran Paula Willis John Acampora 631 Lake St 6481 Newbury Dr 423 6th St Huntington Beach, CA 92648 Huntington Beach,CA 92647 Huntington Beach, CA 92648 Nancy Horner Dave Mack Mike Adams 320 11th St 200 Pacific Coast Hwy#337 PO Box 382 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Mary Boddy Bob Sayre Matt Nye 416 7th St 827 11th St 412 7th St Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 �n�� label size 1"x 2 5/8"compatible with Avery 05160/8160 7 u �`t f tiq uette de format 25 mm x 67 mm compatible avec Avery 05160/8160 �—T 09L8/09L9®rG9ny cane algl}edwoo ww L9 x ww gZ Iewjol ap aganbll3 09 L8/09 L9@ fuaAy ql!m alglledwoo«8/g Z x,,L azls lagel ° 26 27 28 Department of Transportation,Dist 12 Local Solid Waste Enf. Agy. Huntington c Post Office Christopher Herre,Branch Chief O.C.Health Care Agency New P I owth rdinator 3337 Michelson Dr.,Suite 380 Director 677 amer Iivine,CA 92612-1699 P.O.Box 355 ,--gun'paoon B C 647 Santa Ana, CA 92742 29 30 30 Fountain V ,ey Elem. School Dist. HB City Elementary School Dist. BB City Elementary School Dist cker Kathy Kessler,Superintendent David Perry 100 �ere 20451 Craimer Lane 20451 Craimer Lane Fo ain 708 Huntington Beach,CA 92648 Huntington Beach,CA 92648 31 32 33 Ocean V1jWW Elem. School ist Westminster School District HB Union High School District Attn: C" �A ervices Cl ton Stephen Ritter 17�F-inch ane 1412 nod enue 5832 Bolsa Avenue ant 1, on,B CA 92647 er, 92683 Huntington Beach,CA 92649 34 35 36 Cannery Hamilton Properties,LLC Golde t College OC County Harbors,Beach&Parks Dept Ascon = I Si#QW0 T r Fr ens P.O.Box 4048 n oin rive cite 3 744 lden St. Santa Ana, CA 92702-4048 ea,C 92821 R " on B CA 92647 37 38 38 Bellajzim Mall CoTMry View Estates HO Country View Estates HOA Attu R rs-Laud a mas raid man 7 ger Av . 00 6642 tter rive 67 hire e un " on B CA 9 7 tin B CA 92648 H gton ch,C 648 39 39 40 Meadowlark Area Mead ark ea Hearthside Homes y G le g 6 Executive C" ,Suite 250 61 Ge g C" e 771 sevelt e ,CA 9 tingt eac CA 92649 untie on B A 92649 -41 41 42 Bolsa Chica Land Trust Balsa rust OC Sanitation District 5200 W -Avenue,Ste. 108 Ev a resident 10844 Ellis Avenue 7Hunon C 64 2 P iffin a Fountain Valley,CA 92708 e Beac A 9 0 42 42 42 AES Huntington Beach,LLC Richar y John El Eric P e ft�Plant Manager 906 alai e 22102 Apo 173�ewland # Hun" on B CA 46 Hun" o e ch,C 6 anon Bea CA 646 43 44 45 BB Coastal Communities Assoc. Downtown Business Association Downtown Residents Association David Guido Mr.Steve Daniels Ms.Marie St Germain 143 E.Meats Avenue 200 Main Street#106 505 Alabama Orange,CA 92865 Huntington Beach,CA 92648 Huntington Beach,CA 92648 46 46 47 Gabrieleno/Tongva Tribal Council Juaneno Band of Mission Indians AYS egion 55 Chairperson Acjachemen Nation Co sinner Marlow PO Box 693 31411 La Matanza Street 8111 ell C" e-- San Gabriel,CA 91778 San Juan Capistrano,CA 92675-2625 H on Bea A 92647 label size 1"x 2 5/8"compatible with Avery 05160/8160 0/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery 0516 G___ 0918/091.90 fUSAV cane aigitedwoo ww L9 x ww gZ jewaoj ap agonbit3 09 i 9/0915o tianV ql!m elgiledwoo,.8/9 Z x„l azis lagel 1 2 3 HB Chamber of Commerce Orange County Assoc.of Realtors Amigos De Isa C ' a President Dave Stefanides 4esid 19891 Beach Blvd. Ste. 140 25552 La Paz Road .>Beac 563 Huntington Beach, CA 92648 Laguna Hills, CA 92653 nti 92647 4 4 5 Sunset Beach C munity Assoc. Sunset Beachocal Coasts ram Huntington Beach Tomorrow Pat T ' s, Pre ' nt Advisory and—Co of Oran President O 215 P. O ox�746 PO Box 865 S set B ch, CA 92-0215 unset ach, C6 Huntington Beach, CA 92648 6 7 8 Building Industry Assoc.of South Calif. SCAG E : orral 100 Attn: Elyse Sminada, Govt.Affairs Asst. Richard Spicer Jean �ell 17744 Sky Park Circle, Suite 170 818 West 7th, 12th Floor 20�9 astwo rcle Irvine, CA 92614 Los Angeles, CA 90017 ' urr ington B aA 92646 9 10 11 Environmental Board Chair Hunti on Harr POA Matrix En ymnmental Robert Smith P.O. fC 791 Attn: ShavGle uer nior Planne 21352 Yarmouth Lane unset ach,C 742 67 ente ive West Huntington Beach, CA 92646 Los geles/, C�.90a45 c/ 12 13 14 Rutan&Tucker, LLP Newland House Museum Historic Resources Board Chair Jeffr . O man Pres., H.B. Historical Society Barbara Haynes 61 ton 14th oor 19820 Beach Blvd. 19341 Worchester Lane sta M a,CA 9 6-1 Huntington Beach, CA 92648 Huntington Beach, CA 92646 15 16 , _ 16 Council n A ing Se cliff HOA Seacliff GA W& ran Av eff M�tzel J Roe Hun7�NSch, 92648 19 1 Sh �,H or Circle 2 Surfd one ntin / n�B ach, CA 92648 ntington ach, 648 16 16 17 Seacliff HOA Sue Johnson Kirsten Berg- LoWannon.e 19671 iet Bane 18870 Ki Circle 1982 cean ff C' a Hun on Be ti C 648 Huntin ea 26 Hu gton ch, 92648 18 19- -19 Pacific Coast Archaeological Society, Inc. O.C. Ping.&Dev. Services Dept. O.C. Resources&Develop.Mgt. Dept. Attn:Jane Gothold Director Bryan Speegle P.O. Box 10926 P.O. Box 4048 P.O. Box 4048 Costa Mesa, CA 92627 Santa Ana, CA 92702-4048 Santa Ana, CA 92702-4048 20 21 22 City of Costa Mesa City of Fountain Valley City of Newport Beach Planning Director Planning Director Planning Director P.O. Box 1200 10200 Slater Ave. P.O. Box 1768 Costa Mesa, CA 92628-1200 Fountain Valley,CA 92708 Newport Beach,CA 92663-8915 23 24 25 City of Westminster City of Seal Beach California Coastal Commission Planning Director Planning Director Theresa Henry 8200 Westminster Blvd. 211 Eighth St. South Coast Area Office Westminster,CA 92683 Seal Beach, CA 90740 200 Oceangate, 10th Floor Long Beach,CA 92802-4302 label size V x 2 5/8"compatible with Avery/55160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 09 L2/0915®Aaany oane algl}edwoo ww/9 x ww SZ tewaot ap 91490113 0918/09 Lg®tiaAy qm algl}edwoo,,8/9 Z x,,[azls lagel Ramiro Fernandez Ronald Hsueh Richard J. Plummer 214 3`d Street 19046 Stonehurst Ln. Grubb & Ellis Company Huntington Beach, CA 92648 Huntington Beach, CA 92648 445 S. Figueroa Street, Suite 3300 Los Angeles, CA 90071 e First Christian Church tC tang orx h � 1207 Main St. Huntington Beach, CA 926484trn CeCese label size 1"x 2 5/8"compatible with Avery 05160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160