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HomeMy WebLinkAboutLCP Amendment 94-3 RE: Code Amendment 92-5/GPA 94-1 N yao.85 STATEMENT OF ACTION OF THE CITY COUNCIL Council Chamber, Civic Center Huntington Beach, California Monday, November 7, 1994 A videotape recording of this meeting is on file in the City Clerk's Office. Mayor Moulton-Patterson called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 6:00 p.m. PRESENT: Bauer, Robitaille, Moulton-Patterson, Sullivan, Winchell (arrived 5:08 p.m.), Leipzig (arrived 5:10 p.m.), Silva (arrived 6:15 p.m.) ABSENT: None CONSENT CALENDAR- ITEMS APPROVED On motion by Leipzig, second Winchell, the following item was approved as recommended, by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton-Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council) RESOLUTION NO. 6646 ADOPTED - LOCAL COASTAL PROGRAM AMENDMENT NO. 94-3 REGARDING CODE AMENDMENT NO. 92-5 - GENERAL PLAN AMENDMENT NO. 94-1 - NEGATIVE DECLARATION NO. 94-7 - REVISIONS TO DOWNTOWN SPECIFIC PLAN -VILLAGE CONCEPT- PUBLIC HEARING HELD OCTOBER 3. 1994 (420.85) -Adopted Resolution No. 6646.- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 94-3 AND REQUESTING ITS CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION." o � c� z a �QQ V y < c O p MC rAJ3 E!i — z � 1 z < cEr�•ER — — — — En,N MEX 'WAX*MR SLATER �t ' . 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RUN-nNGTON BEACH PLANNING DIVISION ATTACHMENT 2 ORDINANCE NO. 3239 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY HUNTINGTON BEACH AMENDING THE DOWNTOWN SPECIFIC PLAN BY AMENDING SECTION 4.0 THEREOF ENTITLED "DEVELOPMENT STANDARDS" WHEREAS, the City Council of the City of Huntington Beach has previously adopted the Downtown Specific Plan; and Pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings relative to amending the Downtown Specific Plan, wherein both bodies have carefully considered all information presented at said hearings; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 4.0 of the Downtown Specific Plan, entitled "Development Standards," is hereby amended to read as set forth in the document attached hereto as Exhibit "A," which document is incorporated by this reference as though fully set forth herein. 1 4\orrd/downtown/09/2 W4 SECTION 2. This ordinance shall become effective 30 days after its adoption, or upon certification of the California Coastal Commission, whichever occurs later. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of October , 1994. Mayor ATTEST: APPROVED AS TO FORM: City Clerk C01,' torney �. Z 7 REVIEWED AND APPROVED: INITIATED AND APPROVED: 4itymire ator Director of Community Development 2 4\orrd/downtown/09/2 9/94 Res. No. 3239 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, 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 the 17th day of October, 1994, by the following vote: AYES: Councilmembers: Silva, Bauer, Moulton-Patterson, Winchell, Leipzig, Sullivan NOES: Councilmembers: None ABSENT: Councilmembers: Robitaille �rY7u�i ��'L9�G:K3 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Exhibit"A" 4.0 DEVELOPMENT STANDARDS 4.0.01 Intent and Purpose The purpose of this document is to provide for orderly development and improvement within the Downtown Specific Plan. The plan is established to guide the development of the area which is characterized by its unique location, geographic features, land uses and ownership patterns, and should not be regulated by zoning district standards applicable throughout the city. This specific plan will replace the existing zoning with policies, development standards and descriptive maps specifically designed for the downtown area. The specific plan provides for creativity at the individual project level, and at the same time ensures that developments will ultimately combine to create a cohesive community. The provisions of this ordinance shall not apply to Conditional Use Permits processed with Tentative Tract Maps that have been approved prior to the effective date of this ordinance. Building permits shall be issued for such previously approved entitlements if the applications for such building permits are consistent therewith. Only paragraph 4.0 et seq., 'Development Standards", shall be certified as part of the Local Coastal Program. 4.0.02 Downtown Specific Plan Boundary The property described herein is included in the Downtown Specific Plan and shall be subject to policies and development standards set forth in this article. Precisely, the Downtown Specific Plan includes the real property described as follows: Beginning at the most northerly corner of Lot 22, Block 122 of the Huntington Beach Seventeenth Street Section Tract, as recorded in Book 4, page 10 of Miscellaneous Maps, records of Orange County, State of California; thence northerly 50 feet approximately to a point, said point being the intersection of the centerlines of Goldenwest Street and Walnut Avenue; said point also being the true point of beginning; thence southwesterly along the centerline of Goldenwest Street and its prolongation to a point on the high tide line of the Pacific Ocean; thence southeasterly along said high tide line to a line parallel with and 72.50 feet northwesterly, measured at right angles, from the southwesterly along said high tide line to a line parallel with-and 72.50 feet northwesterly, measured at right angles, from the southwesterly prolongation of the centerline of Main Street; thence southwesterly along said line 1,470 feet approximately to a line parallel with heretofore said high tide line; thence southeasterly along said line 145 feet approximately to a line parallel with and 72.50 feet southeasterly, measured at right angles, from said southwesterly prolongation of the centerline of Main Street; thence northeasterly along said line to the heretofore said high tide line to the prolonged survey centerline of Beach Boulevard; thence northerly along said survey centerline of Beach Boulevard 2800 feet approximately to the south line of Tract 9580, as shown on a map recorded in Book 444, page 31, records of Orange County, State of California; thence westerly along said line 1995 feet approximately to the centerline of Huntington Street;thence northerly along said centerline 1320 feet approximately to the centerline of Atlanta Avenue; thence westerly along said centerline 857 feet approximately to the centerline of Lake Street; thence northerly along said centerline 23 52 feet approximately to the centerline of Palm Avenue; thence westerly along said centerline 332 feet approximately to the centerline of Sixth Street; thence southwesterly to the centerline of DTSPNW.DOC 1 Downtown Specific Plan Revised 9/20/94 NEGATIVE DECLARATION NO. 94-7 APPENDIX A RESPONSE TO COMMENTS NEGATIVE DECLARATION NO.94-7 DOC-1: Comment: The Department of Conservation's Division of Oil,Gas, and Geothermal Resources(Division)has reviewed the Negative Declaration for the proposed project and submits the following comments for your consideration. Response: Comment states receipt and review.of Negative Declaration,and does not require any substantive response. DOC-2: Comment: The project is located in the Huntington Beach oil field. Our records show several active and abandoned oil wells within and in close proximity to the proposed site. To ensure proper review of building projects within the subject area,the Division has available an informational packet entitled,"Construction Project Site Review and Well Abandonment Procedure." The packet outlines the information that a project developer must submit to the Division for review. Developers should contact the local building department for a copy of the site review packet. Response: Comment describes oil wells within the project site,and information available regarding construction and well abandonment procedures. Comment acknowledged and will be forwarded to decision makers for consideration priorr to action on the project. D 0 C-3: Comment: If any structure is to be located over or in the proximity of a previously plugged and abandoned well,there is the possibility that the well may need to be plugged and abandoned to current Division specifications. Section 3208.1 of the Public Resources Code authorizes the State Oil and Gas Supervisor to order the plugging and reabandonment of any previously plugged and abandoned well when construction of any structure over or in the proximity of the well could result in a hazard..The cost of plugging and reabandonment operation is the responsibility of the owner of the property upon which the structure will be located. If a well requiring plugging and reabandonment is on an adjacent property and near the common property line,the Division recommends that the structure be set back sufficiently to allow future access to the well. Response: Statement explains the potential for plugging or reabandoning previously abandoned/capped wells at the discretion of the State Oil and Gas Supervisor. Comment acknowledged and will be forwarded to decision makers for consideration prior to action on the project. .j t �i DOC-4: Comment: Furthermore, if any plugged and abandoned or unrecorded wells are damaged or uncovered during excavation or grading, remedial plugging operations may be required. If such damage or discovery occurs,the Di.zsion's district office in Long Beach must be contacted to obtain information on the requirements for and approval to perform remedial operations. Response: Statement describes the proper procedure for notifying the Long Beach District office if any plugged, abandoned or unrecorded wells are damaged or uncovered during excavation or grading. Comment acknowledged and will be forwarded to decision makers for consideration prior to action on the project. DOC-5: Comment: Although the possibility for future problems from oil and gas wells that have been plugged and abandoned or reabandoned to the Division's current specifications are remote,we, nevertheless, suggest that a diligent effort be made to avoid building over any plugged and abandoned well. If construction over an abandoned well is unavoidable,we suggest that an adequate gas venting system be placed over the well. Response: Comment acknowledged and will be forwarded to decision makers for consideration prior to action on the project. D O C-6: Comment: Prior to commencing operations,the project applicant should consult with the Long Beach Division office for information on the wells located in the project area. Response: Comment acknowledged and will be forwarded to decision makers for consideration prior to action on the project. DOC-7: Comment: Methane gas can accumulate beneath developed areas where concrete and asphalt surfaces prevent the natural migration of the methane gas to the atmosphere. If this occurs, and a crack develops in the concrete or asphalt at some later time, the gas could migrate into the interior of the overlying structure and create the potential for an explosion or fire. Therefore, gas detectors, gas migration barriers, or venting systems should also be considered. Please consult with the Building and Safety Department for specific recommendations for this area. ! 0 Response: The Huntington Beach Fire Department and Building Division have specific regulations regarding oil well abandonment and construction over oil wells. Furthermore,there are separate requirements for development in the methane district. Comment acknowledged and will be forwarded to decision makers for consideration prior to action on the project. DOC-7: Comment: If you have any questions,please feel free to contact Richard Baker or Edward Santiago at the Division district office in Long Beach. The address is 245 West Broadway, Suite 475,Long Beach, CA 90802; phone(310) 590- 5311. Response: Comment acknowledged and will be forwarded to decision makers for consideration prior to action on the project. �'J • Page 2 - Statement of Action Mayor Moulton-Patterson adjourned the-adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: /s/Connie Brockway /s/ Linda Moulton-Patterson City Clerk/Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) . -1, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their adjourned regular meeting held on the 7th day of November, 1994. Witness my hand and seal of the said City of Huntington Beach this the 16th day of November, 1994. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach;-California B -'a> Deputy Vity Clerk APPROVED BY CITY COS AT FOR CITY COUNCIL ICTION //— 19& Date: November 7, 1994 C CL Submitted to: Honorable Mayor and City Council Members CD 94-80 Submitted by: Michael T. Uberuaga, City Administrata � Prepared by: Melanie S. Fallon, Community Development Directo Subject: RESOLUTION NO. WHICH ADOPTS LOCAL COASTAL PROGRAM AMENDMENT NO. 94-3: CODE AMENDMENT NO. 92-5, GENERAL PLAN AMENDMENT NO. 94-1, NEGATIVE DECLARATION NO. 94-7 (REVISIONS TO DOWNTOWN SPECIFIC PLAN) Consistent with Council Policy? [X ] Yes [ ] New Policy or Exception R44,GG 4 G AZyt7Z4/ i/hj Statement of Issue,Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Transmitted for City Council consideration is Resolution No.-I G�which is a request to adopt Local Coastal Program No. 94-3 which will incorporate Code Amendment No. 92-5, General Plan Amendment No. 94-1 and Negative Declaration No. 94-7 (Downtown Specific Plan rewrite and Land Use Element amendment) into the city's certified Local Coastal Program. The code amendment and general plan .amendment were approved and adopted by the City Council on October 3, 1994. Local Coastal Program Amendment No. 94-3 will be transmitted to the California Coastal Commission for review and final approval. RECOMMENDATION: Motion to: "Approve Resolution No. �� which adopts Local Coastal Program Amendment No. 94-3 and transmit to the California Coastal Commission for final approval". ANALYSIS: The California Coastal Commission certified the city's Local Coastal Program in 1985. The California Coastal Act requires that any amendments to the Ordinance Code in the Coastal Zone be approved by the California Coastal Commission. The method of transmitting Code Amendment No. 92-5, General Plan Amendment No. 94-1 and Negative Declaration No. 94-7 is to adopt a resolution and then forward the resolution to the California Coastal Commission. Code Amendment No. 92-5: The entitlement will amend the Downtown Specific Plan for the purpose of scaling down development, creating a "Village Concept", establishing three (3) planning nodes, providing affordable housing standards, and creating a shared parking concept for the Downtown core area. General Plan Amendment No. 94-1Negative Declaration No. 94-7 The entitlement will amend the city's Coastal Element (Local Coastal Program) and Land Use Element by redesignating approximately 2.5 acres along Pacific Coast Highway from Residential High Density to Commercial Visitor Serving and amend various exhibits in the Coastal Element to be consistent with the proposed changes to the Downtown Specific Plan. Environmental Status: Local Coastal Program No. 94-3 is covered by Final Environmental Impact Report No. 82-2 adopted by City Council Resolution No. 5284 on July 18, 1983, and Negative Declaration No. 94-7 approved on October 3, 1994.. FUNDING SOURCE: Not applicable ALTERNATIVE ACTION: The City Council may deny Resolution No. which prevents Code Amendment No. 92-5 and General Plan Amendment No. 94-1 from becoming effective. ATTACHMENTS: 1. Area Maps 2. Resolution No. (PG MTU:MSF:HZ:h RCA 11/7/94 2 CD 94-80 RESOLUTION NO. titian A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 94-3 AND REQUESTING ITS CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION WHEREAS, after notice duly given pursuant to Government Code Section 65090 and Public Resources Code Sections 30503 and 30510, the Planning Commission of the City of . Huntington Beach held public hearings to consider the adoption of the Huntington Beach Local Coastal Program Amendment No. 94-3, and such amendment was recommended to the City Council for adoption; and The City Council, after giving notice as prescribed by law, held at least one public hearing on the proposed Huntington Beach Local Coastal Program Amendment No. 94-3, and the City Council finds that the proposed amendment is consistent with the Certified Huntington Beach Coastal Land Use Plan and Chapter 6 of the California Coastal Act; and The City Council of the City of Huntington Beach intends to implement the Local Coastal Program in a manner fully consistent with the California Coastal Act, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. That the Huntington Beach Local Coastal Program Amendment No. 94-3, consisting of Code Amendment No. 92-5, General Plan Amendment No. 94-1, and Negative Declaration No. 94-7, copies of which are attached hereto as Exhibits A, B, and C, respectively, and incorporated by this reference as though fully set forth herein, is hereby approved. SECTION 2. That the California Coastal Commission is hereby requested to consider, .approve and certify Huntington Beach Local Coastal Program Amendment No. 94-2. SECTION 3. That pursuant to Section 13551(b) of the Coastal Commission Regulations,. Huntington Beach Local Coastal Program Amendment No. 94-3 will take effect automatically 1 4\s\LCPA 94-3\10/19/94 • 0 _ . upon Coastal Commission approval, as provided in Public Resources Code Sections 30512, 30513, and 30519. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the nth day of November , 1994. Mayor ATTEST: APPROVED AS TO FORM: City ClerkC�ty Attorney 1�v� to-iq-Q�F 'ry -14-y Y REVIEWED AND APPROVED: INITIATED AND APPROVED: Administrator Director of Co unity Development 2 4\s\L.CPA 94-3\10/19/94 Res. No. 6646 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNM BROCKWAY, 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 the 7th dayof November, 1994, by the following vote: AYES: Councilmembers: Silva, Bauer, Robitaille, Moulton-Patterson, Winchell, Leipzig, Sullivan NOES: Councilmembers: None ABSENT: Councilmembers: None City Clerk and ex-officio dierk of the City Council of the City of Huntington Beach, California ATTACHMENT 1 ` o \I i R DOWNTOWN SPECIAL PLAN • • Walnut Avenue; thence northwesterly along said centerline 5547 feet approximately to the true point of beginning. 4.0.03 Organization This section details the development standards for projects in the Specific Plan area. The section includes 1) regulations affecting administration and permitting, 2) general requirements for all projects of a certain size or type, 3) particular requirements for projects within the different Districts and 4) overlays which permit special uses in select areas. 4.0.04 Definitions The following definitions shall apply to the Downtown Specific Plan. Terms not described under this section shall be subject to the definitions contained in the Huntington Beach Ordinance Code. Beach Area: The ocean side of Pacific Coast Highway including the Bluff Top Park area and the Pier. Bluff Top Park Area: That area of improved beach access bounded on the south by 9th Street continuing north to the dividing line of Bolsa Chica State Beach. Bolsa Chica State Beach: The area seaward of Pacific Coast Highway extending from the Huntington Beach City Pier northwest to Warner Avenue. The portion of this beach from the pier to Goldenwest Street is within the boundary of the Downtown Specific Plan. Build-to-line: A dimension which specifies where the structure must begin. For example, "build-to-5"', means that the structure must extend to five feet from the lot line. Common open space: Any part of a lot or parcel unobstructed from the ground upward, excepting architectural features extending no more than thirty (30)inches from the structure and excluding any area of the site devoted to driveways and other parking areas. Conversion: A change in the original use of land or b bilding/structure. Director: The Director of the Department of Community Development. Development: The division of land, or the construction, reconstruction, conversion, structure alteration, relocation or enlargement of any structure. Demolition: The deliberate removal or destruction of the frame or foundation of any portion of a building or structure for the purpose of preparing the site for new construction or other use Facade: The main face or front.of a building. Feasible: Capable-of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. Floor Area Ratio (FAR): A number which indicates how many square feet of structure can be built on a site, expressed as a multiple of the gross floor area. For example, if a DTSPNW.DOC 2 Downtown Specific Plan Revised 9/20/94 site is 5,000 square feet in net site area and the FAR is 2.0, the square footage of a building cannot exceed 10,000 square feet of gross floor area (2 X 5,000). Frontin : 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. Full block: A parcel of property bounded on all sides by public streets. Gross floor area: 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. Half block: A parcel of property bounded on all sides by public streets and/or alleys containing at least one-half(1/2) the net area of the full block. He_dt: 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. See Section 4.2.04. Hotel: A building designed for or occupied as a temporary lodging place which contains guest room units. Mini-Parks: Areas under City ownership used for the purpose of open space, plazas, landscape buffers or public gathering. Net site 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. 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. Physical obstruction: Things that affect the use of property including but not limited to light standards, trees, parking meters, trash receptacles, traffic signals, signs, benches, phone booths, newspaper stands, bus stops, driveways, pedestrian ramps, and other similar items. 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 Plaza: The area adjacent and contiguous to the pier. Private open space: The area adjacent to a dwelling unit which has direct access in the form of a patio or balcony. Public open space: 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. The open space DTSPNW.DOC 3 Downtown Specific Plan Revised 9/20/94 requirement can be met anywhere in the development; however, open space provided above the second floor will receive only fifty (50) percent credit toward this requirement. This requirement cannot be met by open areas which are inaccessible to the general public or are contrary to specific requirements of a district. Public right-of-wad 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 to the property line on the other side of a street. 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. Rehabilitation: The physical repair, preservation, or improvement of a building or structure. Does not include an expansion of existing floor area greater than ten (10) percent; does not increase the building height; does not result in an increase in permitted density. Residual parcel: A legal lot which does not meet the requirements for a building site within the District in which it is located, and where the abutting sites are already developed. Right-of-Way (ROW): That portion of property which is dedicated or over which an easement is granted for public streets, utilities or alleys. Semi-subterranean parking: Parking structure which is partially recessed into the development site, and which may or may not support additional structures above (e.g. dwelling units, tennis courts, or parking structures). Setback: A stipulated area adjacent to the lot lines which must be kept free of structures over forty-two (42) inches high. Street level: The elevation measured at the centerline of the public street adjacent to the front setback at a point midway between the two side property lines. 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. Townlot: The area and parcels bounded by Pacific Coast Highway on the southwest, Goldenwest Street on the northwest, Palm Avenue on the north and northeast, and Sixth Street on the east and southeast. Wetland: Lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freewater marshes, open or closed brackish water marshes, swamps, mudflats and fens. Ultimate right-of-way: The most lateral edge of the area dedicated for street, utilities or alley purposes. DTSPNW.DOC 4 Downtown Specific Plan Revised 9/20/94 4.1 ADMINISTRATION 4.1.01 Approvals Required All development within the Downtown Specific Plan shall be subject to one or more of the following, as identified in each district: a Conditional Use Permit , and/or the Design Review Board provisions of the Huntington Beach Ordinance Code. All physical development shall be required to be reviewed by the Design Review Board prior to processing additional entitlements if required. The Historical Resources Board shall provide recommendations for structures considered to be historically significant. In addition, a Conditional Use Permit shall be required for any residential cooperative subdivision, mixed-use development, or any project which requires a special permit (Section 4.1.02). The Design Review Board, Planning Commission or the City Council shall also consider the following before approving a project: (a) Projects shall be in conformance with the adopted Design Guidelines for the area. (b) Architectural features and general appearance of the proposed development shall enhance the orderly and harmonious development of the area or the community as a whole. (c) Architectural features and complimentary colors shall be incorporated into the design of all exterior surfaces of the buildings in order to create an aesthetically pleasing project. (d) Particular attention shall be given to incorporating signs, including their colors, into the overall design of the entire development in order to achieve uniformity. (e) Vehicular accessways shall be designed with landscaping and building variation to eliminate an alley-like appearance. 4.1.02 Special Permit. The Downtown Specific Plan development standards are designed to encourage developments creating an aesthetically pleasing appearance, enhancing the living environment, and facilitating innovative architectural design and adaptation of the development to the unique surrounding environment. A special permit may not be granted for deviations from maximum density or parking or from requirements of the Conservation Overlay in any district. Nor shall any special permits be granted for deviations from maximum building height in District 1, 2, 4, 10, -- 11. Special Permits allow for minor deviations from the development regulations of this Specific Plan. Special Permits may be granted at the time of project approval for unique architectural siting or features, including but not limited to site coverage, setbacks, open space and landscaping. Special Permits shall only be allowed when, in the opinion of the Planning Commission, significantly greater benefits from.the project can be provided than would occur if all the minimum requirements were met. Some additional benefits which may make a project eligible for approval of Special Permits include: greater open space, greater setbacks, unique or innovative designs, public parking, public open space, and the use of energy conservation or solar technology. The developer may request a Special Permit at the DTSPNW.DOC 5 Downtown Specific Plan �+ RPviceri 9/,)(1/9d same time as the filing of an application for a Conditional Use Permit and both requests shall be heard concurrently. The Planning Commission may approve the Special Permit in whole or in part only upon the finding that the proposed development, in addition to providing greater benefits as required above, will also: (a) Promote better living environments; and (b) Provide better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design; and (c) Not be detrimental to the general health, welfare, safety and convenience of the neighborhood or City in general, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general; and (d) Be consistent with objectives of the Downtown Specific Plan in achieving a development adapted to the terrain and compatible with the surrounding environment; and (e) Be consistent with the policies of the Coastal Element of the City's General Plan and the California Coastal Act; and (f) Comply with State and Federal law. 4.1.03 Coastal Permit Developments within the Downtown Specific Plan area will be subject to the requirements pertaining to Coastal Development Permits (CDP), in addition to the other provisions of the Huntington Beach Ordinance Code, except as modified by this Specific Plan. 4.1.04 Severability 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. 4.1.05 Appeals Decisions by the Director on non-zoning matters may be appealed to the City Administrator; decisions on zoning matters may be appealed to the Planning Commission and City Council. 4.1.06 Huntington Beach Ordinance code. If not specifically addressed in this Specific Plan, the applicable provisions of the Huntington Beach Ordinance Code and Huntington Beach Municipal code shall apply. DTSPNW.DOC 6 Downtown Specific Plan Revised 9/20/94 4.2 GENERAL PROVISIONS The general provisions of this article shall,apply to all developments within the Downtown Specific Plan area wherever the size or type of development proposed would make such provisions applicable. All development shall comply with all existing standard plans and specifications and all applicable provisions of the Huntington Beach Ordinance and Municipal Codes. 4.2.01 Permitted Uses. Permitted uses shall be established in each District and shall be required to meet all applicable provisions of the Huntington Beach Ordinance Code. In addition, the following shall apply: (a) All structures incidental and accessory to a permitted principal use or structure may be erected on any parcel containing a main building provided that such structure(s) shall not exceed fifteen (15) feet in height nor to be closer than ten (10) feet to any other structure on the same parcel and shall conform with all setback requirements of the District. Exception: Parking structures are excluded from this provision. (b) Parcels which, prior to the effective date of this ordinance, had an oil suffix(0,01) and are identified in Figure 4.14, shall retain such suffix in combination with the new zoning designation "Downtown Specific Plan" (see Section 4.14). (c) Parcels which, prior to the effective date of this ordinance, had a Mobile home District (MH), shall retain such designation in combination with the new zoning designations in the "Downtown Specific Plan" serving as an overlay, for the effected Districts(see Section 4.16). (d) All non conforming uses or structures, or uses which have been abandoned for more than six (6) months, shall be required to meet all applicable provisions of the Huntington Beach Ordinance Code in each of the following: Any expansion of floor area greater than ten (10) percent; increase in height; or an increase in the permitted density shall require a conditional use permit and shall be required to comply with all applicable provisions of the Huntington Beach Ordinance Code. Deviations to parking and density development standards are not allowed. Minor deviations to other development standards shall be subject to special permits. Any change of use, expansion of use, or change in occupant to a use which would require additional off street parking shall provide the required off street parking according to the Huntington Beach Ordinance Code or as required by the Downtown Parking Master Plan. If fifty percent (50%) or more of an existing structure is demolished and reconstructed, the new structure must provide the required off-street parking. The parking may be provided through the payment of in-lieu fees as allowed by the Downtown Specific Plan in-lieu fee parking program. Exception: Any building alteration, rehabilitation or facade improvement which does not exceed ten (10) percent expansion of the existing floor area; does not increase the height; or result in an increase in permitted density. The Design Review Board shall review and approve any proposed exterior modifications. DTSPNW.DOC 7 Downtown Specific Plan Revised 9/20/94 4.2.02 Minimum Parcel Size. A minimum parcel size shall be established in each District. A waiver of this requirement may be granted by the Director for residual parcels. In addition, the following minimum floor areas shall apply to all residential dwelling units, except affordable units (see Section 4.2.29): Minimum Floor Unit Tyne Area(Sq. Bachelor and single 450 One (1) bedroom 650 Two (2) bedrooms 900 Three (3) bedrooms 1100 Four (4) bedrooms 1300 4.2.03 Maximum Density/Intensity. The maximum allowable density and/or intensity(Floor Area Ratio) shall be established in each District. 4.2.04 Maximum Buildin Hg eight. The maximum allowable building height shall be established in each District. In addition, the following shall apply: (a) An additional ten (10) feet in height will be allowed for roof line treatment, architectural features such as chimneys, solar energy equipment and mechanical devices. In no case may the air space granted for these purposes above the maximum height limit be used as a habitable room. (b) An additional fourteen (14) feet in height may be allowed for elevator equipment. All mechanical devices, except for solar panels, shall be set back and screened so that they cannot be seen from public right-of-ways. 4.2.05 Maximum Site Coverage. The maximum allowable site coverage shall be established in each District. Any part of the site covered by a roof, including covered walkways, patios and carports, shall be included in coverage. Exception: Subterranean or semi-subterranean parking less than forty-two (42) inches in height above the adjacent grade shall be subject to the provisions of Section 4.2.13(b). 4.2.06 Setback Front Yard). The minimum front yard setback shall be established in each District. In addition, the following shall apply: (a) No structure or portion of any structure shall project into or over the public ROW. (b) The minimum front yard setback for parking lots and all parking structures above grade shall be ten (10) feet. Structures below 42 inches in height are not subject to this provision. (c) The minimum front yard setback for subterranean and semi-subterranean parking structures shall be subject to the approval of the Director and the Department of Public Works. The depth of the front yard setback shall be a minimum of five (5) feet. 4.2.07 Setback (Side Yard). The minimum side yard setback shall be established in each District. In addition, the following shall apply: DTSPNW.DOC 8 Downtown Specific Plan Revised 9/20/94 The minimum exterior side yard setback for parking lots and above grade parking structures shall be ten (10) feet. 4.2.08 Setback (Rear Yard). The minimum rear yard setback shall be established in each District. 4.2.09 Setback (Upper Storv). An upper story setback shall be established in each District. 4.2.10 Building Separation. No building shall be closer than ten (10) feet to any other detached building on the same site. 4.2.11 Open Space. A minimum public open space provision will be established in each District. In addition, the following open space requirements shall apply to all residential developments: (a) Common Open Space: All multi-family residential developments shall provide a minimum common open space equal to twenty-five (25) percent of the floor area of each unit with a minimum dimension of twenty (20) feet. Common open space shall be designed so that it enhances the appearance of the project to passers-by. In multiple unit subdivision 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 residents of the development. The developer shall file with the Department of Community Development for recordation with the final subdivision map, legal documents which 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. (b) Private Open Space: All multi-family residential developments shall provide the following private open space. All ground floor units shall be provided with a patio area as set forth below. Minimum Area Min. Dim. Unit Type (Sq. Ft. ff-0 Bachelor, single or one (1) bedroom 200 10 Two (2) bedrooms 250 10 Three (3) bedrooms 300 10 Four (4) bedrooms 400 10 Units constructed above ground level shall be provided with balconies or sun decks as follows: Minimum Area Min. Dim. Unit Type (Sq. Ft. Ft. Bachelor, single or one 60 6 (1) bedroom Two (2), three (3), or 120 6 four (4) bedrooms Note: Private open space shall be contiguous to the unit and for the exclusive use of the occupants. Private open space shall not be accessible to any dwelling unit except the unit it serves. Private open space shall be physically separated from common areas by a DTSPNW.DOC 9 Downtoxvn Specific Plan Revised 9/20/94 wall or hedge at least forty-two (42) inches in height. The private open space requirement may be satisfied in whole or in part by areas used for outdoor activities which need not be open to the sky but must be open on at least one (1) side. 4.2.12 Multi-block Consolidations. Where consolidations span two (2) or more Districts, the requirements of each District shall apply to that portion of the development. Divisions between Districts shall be the center line of the vacated street. In addition, the following shall apply: (a) Visitor-serving commercial uses must be provided within that portion of the development designated as a visitor-serving District. (b) Commercial uses must be provided on the ground floor along Main Street. 4.2.13 Parkin a. All developments (except as provided in Section 4.2.29) will be required to meet the minimum off-street parking standards of the Huntington Beach Ordinance Code or as required by the Downtown Parking Master Plan. Exception: Affordable housing projects may reduce the required on-site guest parking. The guest parking may be provided on-street or in a public parking facility, subject to a conditional use permit. Commercial: (a) Parking for all commercial projects within the area of the Downtown Parking Master Plan shall be consistent with the parking requirements of the Downtown Parking Master Plan. Districts 1, 2, 4, a portion of 5, 7, 8, 9, 10 and 11 shall provide one-hundred (100) percent of the required parking on-site, pursuant to the Huntington Beach Ordinance Code. Parking in District 3, a portion of District 5, and District 6 shall be provided on- site to the maximum extent feasible, as identified in the Parking Master Plan. The balance of any required parking shall be provided in facilities within walking distance. Any required off-site parking spaces shall be in place prior to the issuance of a Certificate of Occupancy for any development. All parking for any portion of a District which is not within the area of the Downtown Parking Master Plan shall provide one-hundred (100) percent of the required parking on-site, pursuant to the Huntington Beach Ordinance Code. (b) All off-street uncovered surface parking spaces shall be screened. Screening shall be a maximum of thirty-two (32) inches high as measured from the adjacent parking surface. Screening shall consist of landscaping or landscaping combined with opaque materials, and must be approved by the director. (c) Any commercial business (retail, office, restaurant) which requests to participate in the to-lieu parking fee program shall submit a conditional use permit application for review and approval. 4.2.14 The Downtown Parking Master Plan The Downtown Parking Master Plan is based on a shared parking concept. Shared parking in effect allows one (1) parking space to serve two (2) or more individual land uses without conflict. Shared parking relies on the variations in the peak parking demand for different uses. In other words, parking demands will fluctuate in relationship to the mix of uses by hour, day of week and season. The proper mix will DTSPNW.DOC 10 Downtown Specific Plan Revised 9/20/94 LEGEND PARKING MASTER PLAN AREA 1 A. Main Pier Two B. Pierside Pavilion/Pier Colony C. Second Block Rehab. D. H.B. Promenade 9 E. Third Block West F Post Office Block loe AREA 2 F` G. Town Square sl H. Forth Block East I. Art Center Block �- ORANGE — — — AVE . OLIVE ' AVE. I 1 ---- WALNUT AVE. — — — -- - -------------- x ,o �} i (PNVSIMCM • create an interrelationship among different uses and activities which results in a reduction of the demand for parking. The Downtown core area is centered along the Main Street commercial corridor. This commercial corridor divides into two (2) distinct areas, north and south of Orange. The area which encompasses the Downtown Parking Master Plan is as identified on the area map (Figure 4.1). Area 1 - The area south of Orange Avenue along Main Street provides the greatest amount of public parking opportunities both off-street and on-street. Area 1 will have the greatest number of visitor serving and seasonal commercial uses including year round entertainment. This area will also have the greatest concentration of expanded commercial, restaurant and office uses, and therefore, the majority of the public parking spaces should be provided in this area. Area 2 - The area north of Orange Avenue along Main Street provides limited amounts of public parking opportunities. This area is still part of the Downtown core. However, the commercial uses in Area 2 will cater more to the year round residents, therefore, additional on-street short term parking should be provided. This area will be a mixed use area with a significant amount of residential uses. The amount of commercial and office parking has been reduced. The Downtown Master Plan anticipates a total development scenario of approximately 450,000 to 500,000 square feet of commercial activity. The Master Plan has development thresholds of 100,000 square feet for restaurant, 250,000 square feet for retail, 100,000 square feet for office and 50,000 square feet for miscellaneous development. Area 1 will contain approximately 350,000 to 400,000 square feet with the remaining 50,000 to 100,000 square feet of activity occurring in Area 2. It shall be the responsibility of the Community Development Department to monitor the development square footage per use and parking spaces within the Downtown Parking Master Plan area. An annual review and monitoring report of the Downtown Parking Master Plan shall be prepared by the Department and presented for review by the Planning Commission. The location and type of parking resources available in the Downtown area recognizes that two different and distinct implementation approaches are necessary for each of the areas. The adjusted parking requirement was calculated for both Area 1 and Area 2 (Figure 4.2). Existing building square footage and uses are parked within the public parking supply within the Downtown Parking Master Plan. In the event a property owner demolishes his/her existing building, and rebuilds a new building of equal square footage and use, no additional parking shall be required. Any code required parking spaces provided on- site shall be credited for any expansion of square footage or intensification of use. All required parking shall be calculated based on the reduced requirements of the Downtown Parking Master Plan. Area 1 -In Area 1 the restaurant and retail parking requirement was reduced by thirty- three percent and twenty-five percent respectively. The office requirement by seventy- five percent. In addition, the theater parking requirement was reduced from the existing code requirement of one (1) parking space for every third seat to one (1) parking space for every fifth seat. This reduction is based on surveys conducted by the theater industry. These reductions recognize the time differential and captive market concepts. Expanding commercial activity in this area remains the focus of the Downtown Master Plan, however, no additional parking for new or expanded commercial, restaurant and office uses should be required. The majority of public DTSPNW.DOC 11 Downtomm Specific Plan Revised 9/20/94 05/18/94 Downtown Parking Master Plan Codified Parking Requirements New Parking Standard (Reduction Factor) Land Use H.B. Code Area 1 South Area 2 North (Percentage Reduced) (Percentage Reduced) Retail 1:200 1:250 1:400 (25 %) (50%) Restaurant 1:100 1:150 1:100 (33 %) (0 %) Office 1:250 1:1,000 1:500 (75 %) (50 %) Note: At any time it deems necessary, the Planning Commission may require additional on-site parking to meet the parking demands generated by a use or development. Figure 4.2 • parking opportunities currently exist in this area and the current parking supply exceeds the parking demand. This parking supply will continue to be adequate provided the total square footage of uses do not exceed the Master Plan projections. The city shall retain the option to purchase property for a public parking facility. Area 2 - In Area 2 the retail and office requirement was reduced by fifty percent. This recognizes that the retail activity will be primarily convenience commercial catering to local residents on short term shopping trips. The office parking requirement reduction is based on the minimal number of office opportunities and the on-site parking. Restaurant uses were not given a reduction factor. Numerous conflicts are created between restaurant and residential uses, therefore, restaurants should be required to provide one hundred percent of their parking requirement on-site. The existing Downtown public parking facilities are not conveniently located for use in this area, thus, a combination of expanded on-street and on-site parking may be necessary for new or expanded commercial uses. However, providing the commercial activity remains primarily service related commercial, the existing supply of on-street and on- site parking should be sufficient for anticipated uses. All future development projects must be carefully reviewed for parking concerns. The mix of commercial and residential activities can justify a parking reduction and additional parking may not be necessary if development does not exceed the Master Plan projections. The city shall retain the option to purchase property for a public parking facility. The Planning Commission or City Council may impose one (1), all, or a combination of the following requirements to ensure that adequate parking is provided for each development which exceeds the development caps based upon entitlement: 1. Require on-site parking for all projects one-half(1/2) block or greater in size. 2. Require that any parking in-lieu fees be full cost recovery based on the parking requirement for specific uses. However, allow that these fees be paid over an amortization period, with appropriate security provided by the applicant to guarantee payment.. 3. Require valet parking once the maximum build out of restaurant activity has been obtained. 4. Commercial projects greater than 10,000 square feet in size shall be required to submit a parking management plan consistent with the Downtown Parking Master Plan. 5. Require valet and/or remote parking for special events and activities. 6. Require the applicant to provide additional on-site and/or off-site parking for any development. 7. Develop parking options which may generate additional parking for any development. 4.2.15 Landscaping. In addition to City standard landscape plans and specifications, the following shall apply: (a) All setback areas fronting on or visible from an adjacent public street, and all recreation, leisure and open space areas shall be landscaped and permanently maintained in an attractive manner and shall be consistent with the adopted Design Guidelines. DTSPNW.DOC 12 Downtown Specific Plan Revised 9/20/94 (b) Permanent automatic electric irrigation facilities shall be provided in all landscaped areas. (c) On-site trees shall be provided in all developments as follows: One (1) thirty-six (36) inch box tree for each residential unit or for each 2,500 square feet of gross site area for commercial or office space. Alternatively, the equivalent of thirty-six (36) inch box trees may be provided where feasible (except when palm trees are required). Seventy-five (75) percent of the total requirement shall be thirty-six (36) inch box trees and the remaining twenty-five (25) percent of such requirement may be provided at a ratio of one (1) inch for one (1) inch through the use of twenty-four (24) inch box trees. Additional trees and shrubs shall also be planted to provide a well-balanced landscape environment. Exception: Structures fronting on Main Street, Fifth Street and Third Street, with a required five (5) foot setback shall be exempt from this requirement. (d) A landscape and irrigation plan in conformance with the adopted Design Guidelines shall be subject to approval by the Director and the Department of Public Works prior to the issuance of building permits. (e) All parking lots shall provide a decorative masonry wall or landscaped berm installed in the setback area. All landscaping shall be installed within the parking lot area, in accordance with the Huntington Beach Ordinance Code. Parking structures must screen all street-level parking areas from the public ROW. Such screening must be approved by the Director. The setback area shall be landscaped in accordance with the following guidelines and a landscape plan shall be submitted to and approved by the Director: Where feasible, planting material shall include a minimum three (3) five (5) gallon size shrubs for each seventy-five (75) square feet of landscaped area and at least one (1) thirty-six(36)inch box tree or palm for each one hundred and fifty (150) square feet of landscaped area (except when palm trees are required). The setback area shall be planted with suitable ground cover. The landscaped area shall be provided with an irrigation system which conforms to the standards specified for landscaped medians by the Department of Public Works. All landscaping shall be maintained in a neat and attractive manner. 4.2.16 Street Vacations. The following conditions will apply to City vacation of streets and alleys for consolidation of parcels greater than one block in size: (a) Streets shall be vacated only after the City has analyzed the impacts on circulation patterns and determined that the vacation will not be detrimental. (b) Where streets are to be vacated, the cost of relocating all utilities shall be borne by the developer; the City Council may waive this requirement. DTSPNW.DOC 13 Downtown Specific Plan Revised 9/20/94 (c) Any public parking lost by street vacations must be replaced either on or off site or through in lieu fees. Such parking shall be in addition to required parking for the proposed use. (d) Consolidations that require vacation of a portion of Main Street north of Orange Avenue shall provide a public plaza space that will enhance the Main Street corridor to the pier. The type of facility and its design shall be approved by the City. (e) At the discretion of the City Council, all or portions of Main Street may be used for a pedestrian mall, subject to a public hearing. (f) Any development proposing the vacation of streets intersecting PCH in District 2 and District 3 shall provide a view corridor not less than the width of the former street between Walnut Avenue and PCH. No structures greater than forty-two (42)inches in height shall be allowed within such view corridor. A pedestrian easement ten (10) feet wide shall be provided through the development generally parallel to the vacated street. 4.2.17 Access Ways. The following standards shall apply to all vehicular access ways: All Development: (a) Developments abutting Pacific Coast Highway (PCH) or Main Street shall dedicate sufficient additional land along the alleys parallel to these rights-of-way so that the alleys have an ultimate width of twenty-four (24) feet in the case of commercial or mixed use developments, or twenty (20) feet in the case of residential only developments. No more than one-half(1/2) of the total alley dedication shall be from one (1) side. Access to development shall be permitted from these alleys. Access to development shall not be taken directly from PCH; new automobile curb cuts on this right-of-way are prohibited. Access to developments on Main Street shall be-limited to one (1) point of ingress only for developments which have greater than one hundred (100)feet of frontage subject to Public Works design standards. Exception: Developments that are larger than full block consolidations in District 1 are exempt from this provision. (b) All access ways shall be free and clear of any and all structures including but not limited to trash enclosures, utility devices or storage areas. Residential Development: (c) Private access ways shall have a minimum paved width of not less than twenty- eight (28) feet. An additional twelve (12) foot wide travel lane may be required in each direction of traffic flow into the development for a distance of one hundred (100) feet, where an access way intersects a local or arterial public street. (d) Private access ways exceeding one hundred fifty (150) feet in length but less than three hundred(300) feet in length, shall be provided with a turn-around having a minimum radius of thirty-one (31) feet. For those access ways exceeding three hundred (300) feet but less than six hundred (600) feet, there shall be provided a turn-around having a minimum radius of forty (40) feet or an inter-tying loop circulation system. For those access ways exceeding six hundred (600) feet, there shall be provided an inter tying loop circulation system. DTSPNW.DOC 14 Downtown Specific Plan Revised 9/20/94 4.2.18 Li htin . For developments of more than two (2) units, the developer shall install an on-site lighting system on all vehicular access ways and along major walkways. Such lighting shall be directed onto driveways and walkways within the development and away from adjacent properties. Lighting shall also be installed within all covered and enclosed parking areas. A lighting plan shall be submitted to and approved by the Director. 4.2.19 Outside Storage Space. Where a proposed residential development does not include a separate attached garage for each dwelling unit, a minimum of one hundred (100) cubic feet of outside storage space shall be provided for each such unit. 4.2.20 Sewer and Water Systems. Sewer and water systems shall be designed to City standards and shall be located underneath streets, alleys or drives. In no case shall individual sewer lines or sewer mains for a dwelling unit be permitted to extend underneath any other dwelling unit. 4.2.21 Signs. All signs shall conform to the provisions of the Huntington Beach Ordinance Code. Commercial signs in mixed developments shall not be intrusive to residential development or other uses and shall be consistent with the adopted Design Guidelines. (a) The placement of address numbers shall be at a uniform location throughout a development and shall be approved by the Director. (b) When appropriate, the developer shall install on-site street name signs at the intersections of access ways, as approved by the City Engineer. Street name signs shall also be approved by the Director for design and type and shall be consistent with the adopted Design Guidelines. All signs required by this section shall be installed at the approved locations prior to the time the first dwelling unit is occupied. 4.2.22 Refuse Collection Areas. In residential developments, refuse collection areas shall be provided within two hundred (200) feet of the units they are to serve. In all developments, trash areas shall be enclosed or screened with a masonry wall, and shall be situated in order to minimize noise and visual intrusion on adjacent property as well as to eliminate fire hazard to adjacent structures. Residents shall be provided with collection areas that are separate and distinct from the collection area of offices and other commercial activities. 4.2.23 Vehicular Storage. Storage of boats, trailers, recreational vehicles (as defined herein) 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, they shall be enclosed and screened from view on a horizontal plane from adjacent areas by a combination of a six (6) foot high masonry wall and permanently maintained landscaping. 4.2.24 Antennas. Please refer to the Zoning and Subdivision Ordinance. 4.2.25 Utility Lines..ines. All utility lines shall be undergrounded where possible. 4.2.26 Bus Turnouts. In commercial developments of one half block or more, dedication shall be made for bus turnouts as recommended by O.C.T.A. Any bus turnout so recommended shall be incorporated as part of the development plan. DTSPNW.DOC 15 Downtown Specific Plan Revised 9/20/94 4.2.27 Orange County Transit Authority Center. A transit center shall be located within proximity of the downtown area which will provide pedestrians access to the beach and retail services. 4.2.28 Homeowners' or Community Association. All multiple unit subdivision developments shall be approved subject to submission of a legal instrument or instruments setting forth a plan or manner of permanent care and maintenance of open spaces, recreational areas, and communal facilities. No such instrument shall be acceptable until approved by the City Attorney as to legal form and effect, and by the Department of Community Development as to suitability for the proposed use of the open areas. If the common open spaces are to be conveyed to the homeowners' association, the developer shall file a declaration of covenants, to be submitted with the application for approval, that will govern the association. The provisions shall include, but not be limited to, the following: (a) The homeowners' association shall be established prior to the initial sale of the last dwelling units. (b) Membership shall be mandatory for each buyer and any successive buyer. (c) The open space restrictions shall be permanent. 4.2.29 Compliance with certain requirements of the Coastal Zone (CZ)Suffix: All projects shall comply with the following sections of the Coastal Zone Suffix: "Community Facilities"; "Diking, Dredging and Filling"; "Hazards"; "Buffer Requirements"; "Energy"; and "Signs" as identified in the Huntington Beach Ordinance Code. 4.2.30 Affordable Housing Residential projects that offer 50% of the units to persons and households earning between 80-100% of the Orange County Median Income as defined by HUD for a period of 30 years may be eligible for a reduction in the following development standards. Guest Parking - If determined by the Planning Commission that adequate excess public parking is available, the Planning Commission may grant a maximum 100% waiver depending on size and location of project. Common Open Space - Maximum 70% reduction if replaced by private open space. (Roof decks may be used to satisfy a portion of this requirement.) Site Coverage - Maximum 75%. Height - Maximum four(4) stories in any district. Density - The Floor Area Ratio formula may be substituted for units per acre in each district. A maximum 1.0 Floor Area Ratio will apply to affordable projects. Minimum Unit Size - Studio 400 square feet 1 bedroom 600 square feet DTSPNW.DOC 16 Downtown Specific Plan Revised 9/20/94 2 bedroom 800 square feet It is the intent of these provisions to provide maximum design flexibility while still maintaining high quality design standards in exchange for affordable housing. 4.2.31 School Facilities: A school facilities impact mitigation and reimbursement agreement shall be a condition of approval for any subdivision, tentative tract, or parcel map within the Specific Plan. The agreement shall provide for the adequate mitigation of impacts on the elementary and/or high school district. It shall provide for adequate funding of school facilities as may be necessary to serve the student population generated by the proposed development. This condition may be waived by the Huntington Beach Planning Commission and will not apply to affordable housing projects as defined in the Specific Plan. 4.2.32 Historic Properties: The Historic Resources Board shall provide to the Design Review Board and Planning Commission recommendations for structures considered to be historically significant as identified in the City's 1989 Historic Survey. 4.2.33 Outdoor dining: Outdoor dining on public or private property may be permitted subject to use permit approval by the Zoning Administrator and compliance with this section. (a) Location and design criteria. Outdoor dining shall conform to the following location and design criteria: (i) The outdoor dining shall be an extension of an existing or proposed eating or drinking establishment on contiguous property. (ii) Outdoor dining located on the sidewalk area of the public right-of-way shall be limited to commercial areas within the Downtown Specific Plan. (iii) Outdoor dining located on the sidewalk area of the public right-of-way of the first block of Main Street and Pacific Coast Highway within District 3 shall provide a minimum ten(10) foot clear passage area or pedestrian access. Outdoor dining located on the sidewalk area of the public right-of-way and all other areas shall provide a minimum eight (8) foot clear passage area for pedestrian access. A wider clear passage area may be required at the discretion of the Zoning Administrator. (iv) A minimum ten (10) foot wide pedestrian walkway shall be provided when located in a mini-park, public plaza or beach area. (v) Outdoor dining located on public property shall be separated from the clear passage area on the public sidewalk and/or pedestrian walkway by a temporary cordon and removed when not in use. (vi) All features including but not limited to tables, chairs, umbrellas, of outdoor dining located on public property shall be removed when not in use. (vii) Outdoor dining on private sidewalk areas shall provide a minimum eight (8) foot clear passage area for pedestrian access or a permanent cordon shall surround the outdoor dining area and a minimum five (5) foot clear passage area shall be provided. DTSPNW.DOC 17 Downtown Specific Plan Revised 9/20/94 (viii) At street intersections, the triangular area formed by measuring 25 feet along the curb lines or the area formed by the extension of the property lines to the curb lines, whichever is more restrictive, shall be clear passage area. (b) Factors to consider. The Zoning Administrator shall consider the following factors regarding the location and the design of the outdoor dining: (i) The width of the sidewalk. (ii) The proximity and location of building entrances. (iii) Existing physical obstructions including, but not limited to signposts, light standards, parking meters, benches, phone booths, newsstands and utilities. (iv) Motor vehicle activity in the adjacent roadway including but not limited to bus stops, truck loading zones, taxi stands, hotel zones, or passenger loading. (v) Pedestrian traffic volumes (vi) Handicapped accessibility. (c) Operating requirements, provisions, and conditions. (i) A License agreement including use fees shall be obtained from the City for outdoor dining located on public property. The License Agreement shall be subject to termination at any time upon a 10 day prior written notice upon determination of the Zoning Administrator that one or more of the conditions or provisions of this section have been violated or that one or more factors listed in Subsection (b) above have changed and the permitted use is no longer compatible with the intended use of the public right-of-way or public property. Termination of a License Agreement shall nullify the use permit. (ii) 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 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. (iii) 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. (iv) An outdoor dining operator shall not sell to motorists or persons in vehicles. (v) The applicant(or operator) shall pay all fees and deposits required by the Huntington Beach Municipal Code and Ordinance Code, including the fee established for use of public property, prior to operation of the outdoor dining use. (vi) All provisions of the Huntington Beach Municipal Code shall apply. (vii) No alcohol beverages may be served on public property. DTSPNW.DOC 18 Downtown Specific Plan Revised 9/20/94 (viii) The use permit may be transferred upon sale or transfer of the restaurant subject to a written request approved by the Zoning Administrator and the property owner. An amendment to the License Agreement will be required prior to transfer of the use permit for outdoor dining on public property. A use permit transfer or license renewal or amendment may be denied if one or more of the factors listed in Subsection (b) above have changed and the permitted use is no longer compatible with the intended use of the public right-of-way. (d) Parking. Parking shall comply with the Huntington Beach Zoning and Subdivision Ordinance or the Downtown Parking Master Plan; however, no parking spaces shall be required for the outdoor dining portion of the restaurant if the outdoor dining area does not exceed the following: Total Restaurant Area Outdoor Dining Area 1) 1,200 sq. ft. or less with: Maximum 5 tables and 20 seats 2) greater than 1,200 sq. ft. with: Maximum of 20% of the restaurant area, not to exceed 400 sq. ft. Any outdoor dining area which exceeds these standards shall provide 100% of the required parking for the entire area. (e) Enforcement. Enforcement of this Section shall be by the Community Development Director or his/her designee. Any outdoor dining use within the Downtown Specific Plan that has been established without prior use permit approval must obtain a use permit and if located on public property, a License Agreement within 90 days following the effective date of this ordinance. No use permit application filling fee shall be required for those uses existing prior to March 21, 1994. DTSPNW.DOC 19 Downtown Specific Plan Revised 9/20/94 a � LJLJ HLJ D-L PALM UH u00000� 00 �0 � oo �� ro � �oo� �or� O � Lk 0000 � �o �o �o �o ���� �� 0000 ��oocoo � �� i�o O �� Do no no on on up no on ED on np no If] pflElPACIFIC COAST_HWI n' PACIFIC OCEAN m HUNTI��E°�EM�PoaNa 1 �� w,rc� DISTRICT 1 DOWNTOWN SPECIFIC PLAN 4.3 DISTRICT #1: VISITOR-SERVING COMMERCIAL Purpose. This District is limited to three nodes fronting on Pacific Coast Highway (PCH) which are adjacent to medium and high density residential Districts. These nodes provide sites for commercial facilities to serve visitors to the City and State Beaches. The area between Goldenwest and 6th Streets will be primarily medium to high density residential. Residential uses will also be permitted in this District, as long as the necessary visitor-serving uses are included in the development. Boundaries. District#1 includes three nodes: The two blocks from Goldenwest to 21st Streets, between PCH and the midline of the alley; the two blocks from 18th to 16th Streets, between PCH and the midline of the alley; and the block from 9th to 6th between PCH and the midline of the alley. 4.3.01 Permitted Uses. (a) The following list of Visitor-Serving Commercial uses in District No. 1 may be allowed. Other related uses not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For Example: Art gallery • Bakery • Banks and savings and loans branch offices (no drive-up windows; not to exceed five thousand (5,000) square feet) Beach, swimming and surfing equipment Bicycle sales, rental and repair • Boat and marine supplies • Bookstores Clothing stores Delicatessens Drug stores Dry Cleaning Florists Grocery (convenience) Hardware stores Ice cream parlors Laundromats, Laundries Meat or fish markets Newspaper and magazine stores Newsstands Office Outdoor dining pursuant to S.4.2.32 Photographic equipment sales Photographic processing Public Facilities Shoe stores Sporting goods Tourist related public and semipublic buildings, services and facilities Travel agency (b) The following list of Visitor Serving Commercial uses and any new construction, or change of such use in District No. 1 may be allowed subject to approval of a Conditional Use Permit. For example: DTSPNW.DOC 20 Downtm%m Speck Plan Revised 9/20/94 Dancing and/or live entertainment Health and sports clubs Liquor Stores Motels Permanent parking lots and parking structures Residential uses Restaurants Service station (minimum 14,000 square feet of net lot area, subject to the development standards outlined in Section 9220.14 of the Huntington Beach Ordinance Code) (c) Visitor-serving commercial uses must be a part of all development proposed in this District, with the following minimum requirements: for projects with less than a half-block of frontage, the entire street level must be devoted to visitor-serving uses; for projects with a half-block or more of frontage, either the entire street level, or at least one-third (1/3) of the total floor area must be devoted to visitor- serving commercial uses. (d) Residential uses are allowed only in conjunction with visitor-serving commercial uses. The required visitor-serving commercial portion of any initial construction shall be provided prior to or at the same time as any residential portion. No residential unit shall be occupied until the required commercial portion is completed. Projects which are proposed to be phased must proportionately develop the commercial and-residential concurrently. 4.3.02 Minimum Parcel Size. The minimum parcel size for development shall be 10,000 sq. ft. of net site area and one hundred (100) feet of frontage on PCH. .4.3.03 Maximum Density/Intensi y. The maximum allowable number of residential dwelling units (du) shall be 1 du/1,742 square feet of net lot area or twenty-five (25) units per net acre. The Floor Area Ratio shall be 1.0 calculated on net acreage. 4.3.04 Maximum Building Height. The maximum building height shall be thirty-five (35) feet and no more than three (3) stories. 4.3.05 Maximum Site Coverage. The maximum site coverage shall be fifty(50) percent of the net site area. 4.3.06 Setback (Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be twenty-five (25) feet from Pacific Coast Highway right-of-way. This setback may be reduced to twenty (20) feet on up to fifty (50) percent of the frontage, provided that the average setback for total site frontage is not less than twenty-five (25) feet. The setback area shall be limited to landscaping only and shall be designed to be compatible with the Bluff Top Landscaping area located across Pacific Coast Highway. 4.3.07 Setback(Side Yard). The minimum aggregate side yard requirements shall be as follows: (a) Interior side yard setback shall be twenty(20) percent of lot frontage total with not less than seven (7) feet on a side. (b) Exterior side yard setback shall be twenty (20) percent of lot frontage total with not less than fifteen (15) feet, from any public ROW. DTSPNW.DOC 21 Downtown Specific Plan Revised 9/20/94 4.3.08 Setback Rear Yard). The minimum rear yard setback shall be three(3) feet from the rear property line. Structures may also be cantilevered to within three (3) feet of the rear property line. Note: An additional right-of-way dedication will be required to widen the alley to twenty-four (24) feet for mixed use and commercial projects. No more than one-half (1/2) of the total alley dedication shall be from one (1) side. 4.3.09 Setback(iJpper Story). The covered portion of all stories above the second shall be set back an average of an additional ten (10) feet from the second story facade 4.3.10 Open Space. Public open space and pedestrian access, subject to approval of the Director, may be required for development projects one full block or greater in size; in order to assure a predominantly visitor-serving orientation. DTSPNW.DOC 22 Downtown Specific Plan Revised 9/20/94 „, uLJ �'I� IJ�J � �_� Q ACACIA PECM t4 0 ru (i 9 g �u WAN .... ..... . ... .... . ........ 0 PACIFIC CO) PACIFIC OCEAN 1R "����BEACH waNu � DISTRICT DOWNTOWN SPECIFIC PLAN 4.4 DISTRICT #2: RESIDENTIAL Purpose. This District allows residential development exclusively. While allowing higher densities, the District employs graduated height limits and proportional setback requirements to keep the scale of new developments compatible with the existing residential neighborhood. Boundaries. District#2 includes the first block along PCH to Walnut Avenue between Goldenwest Street and 6th Streets except for the area included in District#1. 4.4.01 Permitted Uses. The following residential uses may be allowed in District No. 2: For example: (a) Single Family Detached Dwellings which comply with the development standards of District 2 may be allowed subject to approval of the Design Review Board. All standards within the Downtown Specific Plan, District 2 shall apply to the construction of single-unit dwellings, except as specifically identified below (Resolution No. 5760): (1) Parking requirements shall be as required for single-unit dwellings for the Oldtown/Townlot areas in Article 960. (2) Open space requirements shall be as required for the Oldtown/Townlot areas in Article 913. (3) Maximum building height shall be thirty (30) feet for main dwellings and fifteen (15) feet for detached accessory buildings. In addition, the maximum building height shall be twenty-two (22) feet within twenty-five (25) feet of the front property line. (4) Minimum parcel size shall be as stated in Article 913. (5) The requirements of Section 9130.13 shall apply, including single-unit dwelling design standards. (b) Multi-family housing, apartments, condominiums, single family detached dwellings that do not comply with Subsection (a) above, and stock-cooperatives subject to the approval of a Conditional Use Permit. 4.4.02 Minimum Parcel Size. The minimum parcel size for development shall be twenty-five (25) feet of frontage and 2,500 square foot net size area. 4.4.03 Maximum Density/Intensity. The maximum allowable number of residential dwelling units (du) shall increase as the parcel size increases according to the following: Lot Size (Frontal Maximum Allowable Density less than 50' 1 du 50' 4 du 51' up to full block ldu/1,452 sq. ft. of net lot area or 30 units per net acre A maximum floor area ratio of 1.0 shall be permitted for single family residential dwellings. No floor area ratio will apply to multi family dwellings in this district. DTSPNW.DOC 23 Downtown Specific Plan Revised 9/20/94 4.4.04 Maximum BuildingH eight: The maximum building height shall be thirty-five (35) feet and no more than three (3) stories. 4.4.05 Maximum Site Coverage. The maximum site coverage shall be fifty (50) percent of the net site area. 4.4.06 Setback Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be as follows: (a) Parcels fronting on PCH, require a minimum setback of twenty-five (25) feet. This setback shall be limited to landscaping only and shall be designed to be compatible with the Bluff Top landscaping located across Pacific Coast Highway. Note: This setback may be reduced by five (5) feet on up to fifty(50) percent of the frontage, provided that the average setback for the total site frontage is not less than twenty-five (25) feet. (b) Parcels fronting all other streets except PCH, require fifteen (15) feet. This setback may be reduced to eight (8) feet on up to fifty (50).percent of the frontage provided that the average setback for the total site frontage is not less than fifteen (15) feet. 4.4.07 Setback Side Yard). The minimum aggregate side yard requirements shall be as follows: (a) Parcels with one hundred (100) feet or less of frontage require twenty(20) percent of the lot frontage, with not less than three (3) feet on a side. Exterior yards require not less than five (5) feet from a public ROW. Exception: Garages located on a single twenty-five (25) foot wide lot*, will be allowed an exterior yard reduction to not less than three (3) feet from a public ROW. * Note: Twenty-five (25) foot wide lots may have a zero interior side yard setback on one side if: 1) adjacent property is under same ownership and developed at the same time; 2) at least five (5) feet is provided on the opposite side yard of both properties; 3) no portion of a building at a zero lot line is closer than six (6) feet to an adjacent building, if the buildings are not abutting. (b) Parcels with greater than one hundred (100) feet but less than a half block of frontage require twenty(20) percent of the frontage, with not less than seven (7) feet on any interior yard, and not less than fifteen (15) feet for an exterior yard, from a public ROW. (c) Parcels with greater than a half block of frontage require not less than seven(7) feet on any interior yard and not less than fifteen(15) feet for an exterior yard, from a public ROW. 4.4.08 Setback Rear Yard). The minimum rear yard setback shall be as follows: (a) Parcels fronting on PCH require not less than three (3) feet. Note: An additional right-of-way dedication will be required to widen the alley to twenty (20) feet. No more than one-half(1/2) of the total alley dedication shall be from one (1) side. DTSPNW.DOC 24 Downtown Specific Plan Revised 9/20/94 (b) Parcels fronting all other streets, except PCH, require not less than seven and one- half(7.5) feet. Structures may be cantilevered into this setback, however, not closer than two and one-half(2.5) feet from the rear property line. 4.4.09 Setback (Unner Story). The covered portion of all structures above the second shall be setback an average of an additional ten (10) feet from the second story facade. 4.4.10 OpenSpace: (a) Projects which maintain the twenty-five (25) foot front setback along Pacific Coast Highway shall be allowed to use the front setback area towards common open space. Any encroachments into the twenty-five (25) foot front setback area shall require common open space to be located behind the front setback. (b) No public open space shall be required in this District. 4.4.11 Resource Production Overlay. A portion of District #2 is designated with an Oil Suffix (O, 01). Within this area, all the requirements of the resource production overlay shall apply (see Section 4.14). DTSPNW.DOC 25 Downtown Specific Plan Revised 9/20/94 � UUU PECAN Lj ORANGE OLIVE 0 WALNUT Z N N {yam :;`.'r2 t/) rL = W t� W — V cry _ �:;�%.:: ;��:: Z ••::f..::<::„r:.;v.::• O <::{. �•— rLL U n71, \Av IfILLW i:.y:n•::w:.:k.: :....4..v.....n...ii� iii� � �ii � 4rr:^:.rr••::i?:::• PACIFIC COAST HWY. PACIFIC OCEAN SM/93 anu.CDR m DISTRICT 3 DOWNTOWN SPECIFIC PLAN HUNTINGTON BEACH PLANNING DIVISION 4.5 DISTRICT#3: VISITOR-SERVING CON AERCIAL Puroose. This District is limited to the five blocks fronting on Pacific Coast Highway across from the City pier. The visitor-serving category is broad enough to include many commercial activities which will also serve the needs of the surrounding community, providing an off-season clientele for the District. The plan also allows residential and office uses in this District so long as the required visitor-serving commercial is provided. Large amounts of ground level open space are encouraged in this District to further promote the feeling of openness and to provide additional view opportunities. Boundaries. District#3 includes the area between PCH and Walnut, from 6th to 1 st Street. 4.5.01 Permitted Uses. (a) The following list of uses which establishes a commercial core and which serves as the transition between visitor-serving and year round commercial uses in District No. 3 may be allowed. Other related uses not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For example: Art gallery Bakeries Banks and savings and loans branch offices(no drive-up windows; not to exceed five thousand (5,000) square feet) Barber, beauty, manicure shops Beach, swimming and surfing equipment Bicycle sales, rental and repair Boat and marine supplies Bookstores Clothing stores Delicatessens Drug stores Florists Ice cream parlors • Newspaper and magazine stores • Newsstands Outdoor dining pursuant to S.4.2.32 Photographic equipment sales Photographic processing Shoe stores Sporting goods Tourist related public and semi-public buildings, services and facilities Travel Agency (b) The following list of uses and any new construction, or change of such use in District No. 3 may be allowed subject to approval of a Conditional Use Permit. For example: Dancing and/or live entertainment Health and sports clubs DTSPNW.DOC 26 Downtown Specific Plan Revised 9/20/94 Hotel and licensed bed and breakfast designed as a commercial establishment Liquor stores Permanent Parking lots and parking structures Restaurants Residential uses Retail sales, outdoor Theaters Note: The ground floor or street level of all buildings in this District shall be devoted to visitor-serving commercial activities. (c) The ground floor or street level of all buildings in this District fronting Main Street and Pacific Coast Highway shall be devoted to visitor-serving commercial activities. (d) Visitor-serving commercial uses must be a part of all development proposed in this District with a minimum requirement that the entire street level, or at least one- third (1/3) of the total floor area be devoted to visitor-serving commercial uses. (e) Residential uses shall only be permitted if the development includes consolidation of a one block or greater area. Note: Residential uses are allowed only in conjunction with visitor-serving commercial uses. Up to one-half(1/2) of the floor area of projects may be devoted to residential uses. (f) The required visitor-serving commercial portion of any project shall be provided prior to or at the same time as any residential portion. No residential unit shall be occupied until the required commercial portion is complete. (g) In the event of a consolidation of a minimum one block area, non-priority (residential) uses may be located in separate structures or on separate portions of the-parcel in the context of a planned development, provided no less than one-half of the total floor area permitted is devoted to visitor-serving uses, and provided that substantial public open space and pedestrian access amenities are provided to maintain a predominantly visitor-serving orientation. 4.5.02 Minimum Parcel Size. The minimum parcel size for development shall be 2,500 square feet of net site area and twenty-five (25) feet of frontage. 4.5,03 Maximum Density/Intensity. The maximum intensity of development shall be calculated by floor area ratios (FAR) for this District. The floor area ratio shall apply to the entire project area. Floor area ratios shall be calculated on net acreage. (a) The maximum floor area for developments in this District shall be calculated with the following multiples: Lot Size Maximum FAR less than half block 2.0 one-half block-full block 2.5 full block or greater 3.0 DTSPNW.DOC 27 Downtown Specific Plan Revised 9/20/94 (b) The maximum allowable number of residential dwelling units (du) shall be 1 du/ 1,452 square feet of net lot area or thirty (30) units per net acre. 4.5.04 Maximum Building Height. The maximum building height shall be as follows: Lot Size Heizht less than full block 3 stories/35 feet full block or greater 4 stories/45 feet 4.5.05 Maximum Site Coverage. No maximum site coverage required. 4.5.06 Setback ront Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be fifteen (15) feet. Exception: Parcels fronting on Fifth and Third Streets may be reduced to five (5) feet. Parcels fronting on Main Street must develop to a build-to-line* five (5) feet from the property line. *Note: The build-to requirement can be satisfied by extending any of the following to five (5) feet of the property line: 1) the facade of the ground floor level; 2) a plaza or patio used for open-air commercial activity; 3) a low-wall or fence (not exceeding forty- two (42) inches in height), planters or other architectural features, which extend along at least fifty (50) percent of the frontage along the lot line; 4) two (2) side walls and second story facade. Note: The following may be permitted in the front yard setback on 5th Street, 3rd Street, Main Street, First Street and PCH: benches, bicycle racks, transparent wind screens and open-air commercial facilities. Note: An additional ROW dedication will be required for parcels fronting on PCH of five (5) feet, for additional parkway and sidewalk; and two and one-half(2-1/2) feet for parcels fronting on Sixth Street. 4.5.07 Setback Side Yard). The minimum aggregate side yard requirements shall be as follows: (a) Parcels fronting on Sixth, Second and Lake Streets require twenty(20) percent of lot frontage, with not less than seven (7) feet for an interior yard and not less than fifteen (15) feet for an exterior yard, from a public ROW. (b) Parcels fronting on Fifth, Main and Third Streets and Pacific Coast Highway require zero for an interior yard. Exterior side yard requirements shall equal the front yard setback for the respective street. 4.5.08 Setback (Rear Yard). The minimum rear yard setback shall be three (3) feet from the rear property line. Structures may also be cantilevered to within three (3) feet of the rear property line. Note: An additional ROW dedication will be required to widen the alley to twenty-four (24) feet. No more than one-half(1/2) of the total alley dedication shall be from one (1) side. 4.5.09 Setback Upper Story). Upper story setbacks for this District shall be as follows: DTSPNW.DOC 28 Downtown Specific Plan Revised 9/20/94 (a) Parcels fronting PCH, 6th, 2nd and First Streets: all stories above the second shall be set back an average of twenty-five (25) feet from the ultimate street ROW. Up to fifty(50) percent of the building frontage may be set back fifteen (15) feet from the ROW, providing that the average setback on upper stories is no less than twenty-five (25) feet. (b) Parcels fronting on 5th and 3rd Street: any part of the building facade above the second story shall be set back ten (10) feet from the first story facade. (c) Parcels fronting on Main Street: no building or portion of a building above the second story shall be within ten(10) feet of the build-to line. (d) Structures exceeding thirty-five (35) feet in height: the portion of the structure above 35 feet in height shall be set back a minimum of ten(10) feet from the interior side yard property line. 4.5.10 Open Space. All development projects within this District shall provide public open space. A minimum of ten (10) percent of the net site area must be public open space. (a) Full block developments on Main Street require public plazas at the corner of PCH and Main Street. These street level public plazas shall be incorporated into the design of the development and approved by the Director. Such plazas shall have the following characteristics: Location: street level corner; one side must face Main Street. Area: not less than one thousand (1,000) square feet excluding public right- of-way. Landscaping: not less than thirty(30) percent of the plaza area should be planted.. Paving: all paved areas shall be textured. Visual Feature: plazas must include a sculpture, fountain, information kiosk, pond, display, or similar visual amenity. Public Seating shall be provided. Open Air Commercial: not more than fifty (50) percent of the plaza area may be used for open air commercial uses. DTSPNW.DOC 29 Downtown Specific Plan Revised 9/20/94 PECAN ORANGE 3:•::Si. � %\xis: OLIVE F4 :. 1-4 JL z WALN FF. z w JL JL �' z a w PACIFIC COAST HWY. PACIFIC OCEAN iroa�r mer.cdi Afft DISTRICT 4 DOWNTOWN SPECIFIC PLAN HUNTINGTON BEACH PLANNING DIVISION 4.6 DISTRICT #4: MIXED-USE, OFFICE RESIDENTIAL Purpose. This District flanks the Downtown core area, separating the area along Main Street from the outlying areas which are primarily residential. The purpose of this District is to provide a transition zone between the existing residential areas to the commercial Main Street corridor. Consequently, mixes of office and residential uses are permitted. Boundaries. District #4 includes the half-blocks on the northwest side of the Main Street core area from 6th Street to the alley between 6th and 5th Streets; and from the alley between 3rd and 2nd Streets to the alley between 2nd and Lake Streets, between Walnut and Orange Avenues. 4.6.01 Permitted Uses. (a) The following list of principal uses in District No. 4 may be allowed. Other office- residential related uses not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For example: Office Use - professional, general business and non-profit offices. Outdoor dining pursuant to S.4.2.32 Commercial Use- Commercial uses which are integrated within and clearly incidental to an office use, shall be permitted provided that it cumulatively does not exceed ten (10) percent of total gross floor areas of the development. Note: Single Family Detached dwellings which comply with the development standards in District#4 shall be subject to the approval of the Design Review Board in lieu of a conditional use permit. (b) The following list of uses and any new construction, or change of such use in District No. 4 may be allowed subject to approval of a Conditional Use Permit. For example: • Residential Use-multi-family housing, apartments, condominiums and stock cooperatives. • Mixed-Use -Mixed Residential/Office Use developments shall be permitted provided that residential uses: Be segregated to separate structure or restricted to the second story or above; Not occupy any portion of the same story with non-residential uses, unless they are provided with adequate physical and acoustical separation; Be on contiguous floors within a single structure; Be provided with separate pedestrian ingress and egress; Be provided with secured, designated parking. DTSPNW.DOC 30 Downtown Specific Plan Revised 9/20/94 4.6.02 Minimum Parcel Size. The minimum parcel size for development shall be twenty-five hundred (2500) square feet and twenty (25) feet of frontage. However, existing lots twenty-five (25) feet in width or greater shall not be subdivided to create smaller parcels. 4.6.03 Maximum Density/Intensity. The maximum intensity of development shall be calculated by Floor Area Ratio (FAR) for the District. The Floor Area Ratio shall apply to the whole District. The Floor Area Ratio shall be 1.5 calculated on net acreage. Lot Size (Frontage) Maximum Allowable Density Less than 50' 1 du 51' up to full block 1 du/1,452 sq. ft. of net lot area or 30 units per net acre 4.6.04 Maximum Building Heiht. The maximum building height shall be thirty-five (35) feet and no more than three (3) stories. 4.6.05 Maximum Site Coverage. The maximum site coverage shall be fifty (50) percent of the net site area. 4.6.06 Setback (Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height, shall be fifteen (15) feet. Note: An additional ROW dedication will be required for parcels fronting on Sixth Street, of two and one-half(2-1/2) feet. 4.6.07 Setback (Side Yard). The minimum aggregate side yard requirements shall be as follows: (a) Parcels with one hundred (100) feet or less of frontage require twenty (20) percent of the lot frontage, with not less than three (3) feet on a side. Exterior yards require not less than five (5) feet from a public ROW. Exception: Garages located on a single twenty-five (25) foot wide lot., will be allowed an exterior yard reduction to not less than three (3) feet from a public ROW. * Note: Twenty-five (25) foot wide lots may have a zero interior side yard setback on one side if: 1) adjacent property is under same ownership and developed at the same time; 2) at least five (5) feet is provided on the opposite side yard of both properties; 3) no portion of a building at a zero lot line is closer than six (6) feet to an adjacent building, if the buildings are not abutting. (b) Parcels with greater than one hundred (100) feet but less than a half block of frontage require twenty (20) percent of the frontage, with not less than seven (7) feet on any interior yard, and not less than fifteen(15) feet for an exterior yard, from a public ROW. (c) Parcels with greater than a half block of frontage require not less than seven(7) feet on any interior yard and not less than fifteen (15) feet for an exterior yard, from a public ROW. 4.6.08 Setback (Rear Yard). The minimum rear yard setback shall be three (3) feet from the rear property line. Structures may also be cantilevered to within three (3) feet of the rear property line. DTSPNW.DOC 31 Downtown Specific Plan Revised 9/20/94 Note: An additional ROW dedication may be required to widen the alley to twenty-four (24) feet). No more than one-half(1/2) of the total alley dedication shall be from one (1) side. 4.6.09 Setback (Upper Story). The covered portions of all stories above the second shall be set back an average of an additional ten (10) feet from the second story facade. 4.6.10 Open Space. No public open space shall be required in this District. DTSPNW.DOC 32 Downtown Specific Plan Revised 9/20/94 O � uuu PECAN ORANGE :`' {v:::: OLNE H L` H F� fn F= h y y 1-- WALNUT N F=— _ N N 0 4 H Z �_ 2 1- Z uj � h Z LY H Z Z O 1- PACIFIC COAST HWY. PACIFIC OCEAN enx.�. dw.ca A, DISTRICT 5 R � DOWNTOWN SPECIFIC PLAN HUNTINGTON BEACH PLANNING DIVISION 4.7 DISTRICT 95: MIXED-USE. COMMERCIAL/OFFICE/RESIDENTIAL Purpose. This District includes the blocks on either side of and including Main Street, and constitutes the oldest commercial area in the City. The purpose of this District is to re-establish the area as the Downtown for the City by creating a more urban atmosphere, encouraging relatively higher intensity development with viable commercial office and residential uses. View corridors along with height and orientation restrictions in the development requirements of this District are intended to focus development on the Main Street corridor. 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 PCH and the pier area. The District promotes mixed uses of commercial, office and residential developments. Boundaries. District #5 includes the area from the alley between 6th and 5th Streets to the alley between 3rd and 2nd Streets and the 1st Street frontage (on the northwest side) from Walnut to Orange Avenues. 4.7.01 Permitted Uses. (a) The following list of uses which establishes a commercial core and which serves as the transition between visitor-serving and year round commercial uses in District No. 5 may be allowed. Other commercial/office/residential related uses not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For Example: Antique stores Art gallery Bakeries Banks and savings and loans branch offices Barber, beauty, manicure shops Beach, swimming and surfing equipment Bicycle sales, rental and repair Boat and marine supplies Bookstores Boutiques Clothing stores Delicatessens Drug stores Dry cleaning Florists Groceries General retail Hardware stores Hobby supplies Ice cream parlors Jewelry stores Laundromats Newsstands Office Supplies Offices Outdoor dining pursuant to S.4.2.32 Photographic equipment sales Photographic processing Shoe repair DTSPNW.DOC 33 Downtown Specific Plan Revised 9/20/94 Y Shoe stores C Sporting goods Stationery stores Tailor shops Travel agency (b) The following list of uses and any new construction, or change of such use in District No. 5 may be allowed subject to approval of a Conditional Use Permit. For example: • Dancing and/or live entertainment • Health and sports clubs . Liquor stores Permanent parking lots and parking structures Restaurants Residential uses (c) The street level of all buildings fronting Main Street and 5th Street in this District shall be devoted to commercial activities. (i) Commercial or residential may be permitted on the street level between Olive and Orange Avenue fronting 5th Street and 3rd Street. (d) The following uses may be permitted above the first floor: (i) Commercial Use - all commercial uses allowed on the first floor may be allowed on the second floor. (ii) Office Use - professional, general business and non-profit offices provided that: No sales either wholesale or retail which involve delivery of any goods or material to or from the premises occur. No inventory is kept on the premise other than samples. No processing, manufacturing, storage or repair of merchandise of any kind occurs. (iii) Residential Use -Residential uses are allowed only in conjunction with commercial uses in this District. Up to one-third (1/3) of the floor area of projects on parcels smaller than one-half(1/2) block may be devoted to residential uses; projects on one-half(1/2) block or larger parcels, except projects fronting on Main St., up to two-thirds (2/3) of the floor area may be devoted to residential uses;.projects on full block or larger parcels, fronting on-Main St., up to one-half(1/2) of the floor area may be devoted to residential uses provided that residential uses in addition to the following: Be segregated to a separate structure or restricted to the second story or above; Not occupy any portion of the same story with non-residential uses, unless they are provided with adequate physical and acoustical separation; Be on contiguous floors within a single structure; DTSPNW.DOC 34 Downtown Specific Plan Revised 9/20/94 Be provided with separate pedestrian ingress and egress; Be provided with secured, designated parking. 4.7.02, Minimum Parcel Size. The minimum parcel size for development shall be twenty-five hundred (2500) square feet and twenty-five (25) feet of frontage. 4.7.03 Maximum Density/Intensity. The maximum intensity of development shall be calculated by floor area ratio (FAR) for this District. The floor area ratio shall apply to the entire project area. Floor area ratios shall be 2.0 calculated on net acreage. (a) The maximum allowable number of residential dwelling units (du) shall be 1 du/1,742 square feet of net lot area or twenty-five (25) units per net acre. 4.7.04 Maximum Building Height. The maximum building height shall be as follows: Lot Size (Frontage) Height less than a full block 3 stories/35 feet full block 4 stories/45 feet 4.7.05 Maximum Site Coverage. No maximum site coverage shall be required in this District. 4.7.06 Setback ront Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be fifteen (15) feet. Exception: Parcels fronting on Fifth and Third Streets may be reduced to five (5) feet and parcels fronting on Main Street must develop within five (5) feet of the property line. *Note: The build-to requirement can be satisfied by extending any of the following to five (5) feet of the property line: 1) the facade of the ground floor level; 2) a plaza or patio used for open-air commercial activity; 3) a low-wall or fence (not exceeding forty- two (42) inches to height),,planters or other architectural features, which extend along at least fifty(50) percent of the frontage along the lot line; 4) two (2) side walls and second story facade. Note: The following may be permitted in the front yard setback on Fifth Street, Third Street, and Main Street: benches, bicycle racks, transparent wind screens and open-air commercial facilities. 4.7.07 Setback Side Yard). The minimum side yard requirements shall be as follows: (a) Interior yard requirements shall be zero. (b) Exterior yards require five (5) feet from a public ROW. 4.7.08 Setback (Rear Yard). The minimum rear yard setback shall be three (3) feet from the rear.property line. Structures may also be cantilevered to within three (3) feet of the rear property line. Note: An additional ROW dedication will be required to widen,the alley to twenty-four (24) feet. No more than one-half(1/2) of the total alley dedication shall be from one (1) side. DTSPNW.DOC 35 Downtown Specific Plan Revised 9/20/94 0 • 4.7.09 Setback (Upper Story). The covered portion of all stories above the second shall be set back an average of an additional ten (10) feet from the second story facade. 4.7.10 Open Space. Parcels within this district having one hundred (100) feet or more of street frontage, shall provide public open space. All non-residential developments shall provide a minimum of ten (10) percent of the net site area as public open space. Exception: Mixed use developments which include residential units, may reduce the public open space to five (5) percent of the net site area. Full block developments on Main Street require public plazas. These street level public plazas shall be incorporated into the design of the development and approved by the Director. Such plazas shall have the following characteristics: Location: street level corner; one side must face Main Street. Area: not less than one thousand (1,000) square feet excluding public right-of- way. Landscaping: not less than thirty (30) percent of the plaza area should be planted. Paving: all paved areas shall be textured. • Visual Feature: plaza must include a sculpture, fountain, information kiosk, pond, display, or similar visual amenity. • Public Seating shall be provided. • Open Air Commercial: not more than fifty (50) percent of the privately owned publicly used plaza area may be used for open air commercial uses. This provision will be subject to the standards outlined in the Carts and Kiosks Ordinance. DTSPNW.DOC 36 Downtown Specific Plan Revised 9/20/94 r-7 PALM ACACIA F s t PECAN EC N ORANGE O NE 0 h - cn Cn H ►"' h WALNUT (n Z = Z = Z Z h JL JL Z (DJL O L1J N IL u I-- y PACIFIC COAST HWY. DISTRICT 6 1 DOWNTOWN SPECIFIC PLAN HUNTINGTON BEACH PLANNING DIVISION • • 1 4.8 DISTRICT #6: MIXED USE; COMMERCIAL/OFFICE/RESIDENTIAL Purpose. This District encompasses the area north of the Downtown core and includes the public library. It is intended to provide a location for neighborhood commercial enterprises to serve surrounding residents, as well as office space, public facilities and residential uses. This mixed use node will anchor the inland end of the Main/Pier corridor. Boundaries. District #6 consists of the blocks located between Sixth Street and Lake Street from Orange Avenue to Palm Avenue. 4.8.01 Permitted Uses. (a) The following list of uses which establishes new neighborhood commercial uses and which cater to year round residents in District No. 6 may be allowed. Other commercial/ office/residential related uses not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For Example: Antique stores Art Gallery Bakeries Banks Barber, beauty, manicure shops Bicycle sales, rental and repair Bookstores Clothing stores Delicatessens Drug stores Dry cleaning Florists Glass shops Groceries Hardware stores Ice House Laundromats, laundries Newspaper and magazine stores Newsstands Offices Outdoor dining pursuant to S.4.2.32 Photographic studios Photographic equipment sales Photographic processing Public facilities Shoe repair Shoe stores Sporting goods Tailor shops • Travel agency • Undertakers (b) The following list of uses and any new construction, or change of such use in District No. 6 may be allowed subject to approval of a Conditional Use Permit. For example: DTSPNW.DOC 37 Doumtowm Speck Plan Revised 9/20/94 Dancing and/or live entertainment Health and sports clubs Liquor stores Permanent parking lots and parking structures Residential Uses Restaurants (c) Residential uses are allowed in conjunction with commercial uses and/or separate from commercial uses in this district subject to conditional use permit. Single family dwellings are subject to the Design Review Board process. (d) The frontage on 3rd and Lake Streets between Orange and Palm Avenues may be residential. 4.8.02 Minimum Parcel Size. The minimum parcel size for development shall be two thousand five hundred (2,500) square feet and twenty-five (25) feet of frontage. Existing parcels greater than twenty-five (25) feet in width shall not be subdivided to create 2,500 square foot lots. 4.8.03 Maximum Density/Intensity. The maximum intensity of development shall be calculated by floor area ratio (FAR) for this District. The floor area ratio shall apply to the entire project area. Floor area ratios shall be calculated on net acreage. (a) The maximum allowable number of residential dwelling units shall be 1 du/1,742 square feet net lot area or twenty-five (25) units per net acre. (b) Lot Size Maximum FAR Less than half-block 1.5 Half-block or greater 2.0 4.K 4 Maximum Building Height. The maximum building height shall be as follows: Lot Size (Frontage) Height less than 100' 2 stories/30 feet 100'up to but less than 3 stories/35 feet a full block full block 4 stories/45 feet 4.8.05 Maximum Site Coverage. No maximum site coverage shall be required in this District. 4.8.06 Setback (Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be fifteen (15) feet; Exception: Parcels fronting on Fifth and Third Streets may be reduced to five (5) feet and parcels fronting on Main Street must build to within (5) feet of the property line. *Note: The build-to requirement can be satisfied by extending any of the following to within five (5) feet of the Property line: 1) the facade of the ground floor level; 2) a plaza or patio used for open-air commercial activity; 3) a low-wall or fence (not exceeding forty-two [42] inches in height), planters or other architectural features, which extend along at least fifty (50) percent of the frontage along the lot line; 4) two (2) side walls and second story facade. DTSPNW.DOC 38 Downtown Specific Plan Revised 9/20/94 Note: The following may be permitted in the front yard setback on Fifth Street, Third Street and Main Street: benches, bicycle racks, transparent wind screens and open-air commercial facilities. 4.8.07 Setback (Side Yard). The minimum side yard requirements shall be as follows: (a) Interior yard requirements, for residential development, shall be ten (10) feet; non residential may be reduced to zero. (b) Exterior yards require not less than fifteen (15) feet, from a public ROW. 4.8.08 Setback(Rear Yard). The minimum rear yard setback shall be three (3) feet from the rear property line. Structures may also be cantilevered to within three (3) feet of the rear property line. Note: An additional ROW dedication will be required to widen the alley to twenty-four (24) feet. No more than one-half(1/2) of the total alley dedication shall be from one (1) side. 4.8.09 Setback Under Story). The covered portion of all stories above the second shall be setback an average of an additional ten (10) feet from the second story facade. 4.8.10 Open Space. Parcels within this District having one hundred (100) feet or more of street frontage, shall provide public open space. All non-residential developments shall provide a minimum of five percent (5%) of the net site area as public open space on the street level, or above a semi-subterranean parking structure. Access to the public space shall be provided from the street level. Mixed use developments which include residential units, shall also provide public open space to five (5) percent of the net site area. Full block developments on Main Street require public plazas. These street level public plazas shall be incorporated into the design of the development and approved by the Director. DTSPNW.DOC 39 Downtown Specific Plan Revised 9/20/94 OLIVE��uf] Cll�ll��]�L�Of] �e _— m :,UNTINGTON BEACH,,,,,„,p,„„„E„, DISTRICT 7 DOWNTOWN SPECIFIC PLAN 4.9 DISTRICT #7: VISITOR-SERVING COMMERCIAL 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. Boundaries. District#7 extends from First Street to Huntington Avenue between PCH and the proposed Walnut Avenue extension. 4.9.01 Permitted Uses. (a) The following list of Visitor-Serving Commercial uses in District No. 7 may be allowed. Other related uses not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For example: • Art gallery • Bakeries Banks and savings and loans branch offices (not to exceed five-thousand (5,000) square feet) Beach, swimming and surfing equipment Bicycle sales, rental and repair Boat and marine supplies Bookstores Clothing stores • Delicatessens • Florists • Groceries (convenience) • Ice cream parlors Laundromats, laundries Meat or fish markets Newspaper and magazine stores Newsstands Outdoor dining pursuant to S.4.2.32 Photographic equipment sales Photographic processing Professional Office (not to exceed fifty [50] percent of total floor area) Public Transportation Center Shoe stores Sporting goods Tourist related public and semi-public buildings, services and facilities Travel agency Note: Visitor-serving commercial uses must be a part of all development proposals in this District, with a minimum requirement that the entire street level be devoted to Visitor-Serving Commercial Uses. (b) The following list of uses and any new construction, or change of such use in District No. 7 may be allowed subject to the approval of a Conditional Use Permit. For example: Automobile service stations Dancing and/or live entertainment Health and sports clubs DTSPNW.DOC 40 Downtowm Specific Plan Revised 9/20/94 Hotels and motels Liquor stores Permanent parking lots and parking structures Restaurants Taverns Theaters 4.9.02 Minimum Parcel Size. No minimum parcel size shall be required for this District. However, prior to the approval of 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. 4.9.03 Maximum Density/lntensity. (a) The maximum intensity of development shall be calculated by Floor Area Ratio (FAR) for the District. The floor area ratio shall apply to the whole District. The floor area ratio shall be 3.0 calculated on net acreage. 4.9.04 Maximum Building Height. The maximum building height shall be eight (8) stories. 4.9.05 Maximum Site Coverase. The maximum site coverage shall be fifty (50) percent of the net site area. 4.9.06 Setback (Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be fifty (50)feet from PCH. 4.9.07 Setback (Side Yard). The minimum exterior side yard requirement shall be twenty(20) feet. 4.9.08 Setback (Rear Yard). The minimum rear yard setback shall be twenty(20) feet from the proposed Walnut Avenue extension. Note: An additional ROW dedication will be required to provide for the Walnut Avenue extension. 4.9.09 Setback (Upper Story). No upper story setback shall be required in this District. 4.9.10 Open Space. Public open space and/or pedestrian access shall be required for development projects in order to assure a predominantly visitor-serving orientation. 4.9.11 Corridor Dedication. Development in District#7 shall require the dedication of a twenty (20) foot corridor between Atlanta Avenue and PCH for public access between the southern end of the Pacific Electric ROW and PCH. This requirement may be waived if an alternative is provided or if the corridor is deemed unnecessary by the City. Any proposal for an alternative must be approved by the Planning Commission. DTSPNW.DOC 41 Downtown Specific Plan Revised 9/20/94 O � D � O O O m O O cti � 00 � O � O Ll .i i.}?:�{•:trii�Yi{i'.���?n':}'.,f;Yiv4:}':•. Li O WE Z Z O Z __ - R" Z W u F N u ..:.:::::::::.:}}::::vii:;4:•}sii::•::ti;•}::{::;x.. YVALNU`O o0N pq pq0 _ PACIFIC COAST FIW4. HUNTINGTON BEACH CALIFORNIA PLANNING DEPARTMENT 'DISTRICT H DOWNTOWN SPECIFIC PLAN 4.10 DISTRICT #8: - HIGH DENSITY 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. Boundaries. District#8 includes two consolidated parcels; one parcel is bounded on the north by Atlanta Avenue, on the east by Huntington Street, on the south by the proposed Walnut Extension and on the west by Lake Street. The second includes the area north of the proposed Walnut Avenue extension between Huntington Street and Beach Boulevard. 4.10.01 Permitted Uses. (a) The following list of uses and any new construction may be allowed in District No. 8 subject to the approval of a Conditional Use Permit. For example: Permanently attached residential uses; including multi-family housing, condominiums, stock-cooperatives or apartments. Public transportation center. 4.10.02 Minimum Parcel Size. No minimum parcel size shall be required in this District. However, prior to approval of any development, a conceptual plan for Sub-area a or Sub-area b shall be approved by the Planning Commission. Development which is in conformance with the site plan may then be permitted. 4.10.03 Maximum Density/Intensity. The maximum allowable number of residential dwelling units shall be 1 du/ 1,452 square feet of net lot area or thirty (30)units per net acre. 4.10.04 Maximum BuildingH eight. The maximum building height shall be fifty (50) feet. 4.10.05 Maximum Site Coverage. The maximum site coverage shall be fifty (50) percent of net site area. 4.10.06 Setback Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be twenty (20) feet. Note: An additional ROW dedication will be required to provide for the Walnut Avenue extension. 4.10.07 Setback (Side Yard). The minimum exterior side yard requirement shall be twenty (20) feet. Exception: The minimum exterior yard requirement from Beach Boulevard shall be twenty-five (25) feet. 4.10.08 Setback (Rear Yard). The minimum rear yard setback shall be twenty (20) feet. 4.10.09 Setback (Upper Sto[y). That portion of structures which exceed thirty-five (35) feet in height shall be set back a minimum of one hundred (100) feet from the northern exterior property line. 4.10.10 Open Space. No public open space shall be required in this District. DTSPNW.DOC 42 Downtown Specific Plan Revised 9/20/94 4.10.11 Corridor Dedication. Development in District#8 shall require the dedication of a twenty (20)foot corridor between Atlanta Avenue and PCH for public access between the southern end of the Pacific Electric ROW and PCH. 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. 4.10.12 Resource Production Overlay. A portion of District #8 is designated with an oil suffix (0,01). Within this area all the requirements of the Resource Production Overlay shall apply (see Section 4.14). 4.10.13 Conservation Overlay A portion of District# 8 has been designated with a conservation overlay. Within this area all requirements of the Conservation Overlay shall apply(see. Section 4.15). DTSPNW.DOC 43 Downtown Specific Plan Revised 9/20/94 O � D � D O D O O O �ti O O O o � O o O � O O a o GE .'f:0i.4.i:•r5:•;ni?•r3'{r:'�iii. OWE iv:..?Y'::•'t::•:�:`:::?it>•.::. VAH I-A U"[ t}•:'•$.,, F ....... \•r/• Z � ti:r,.:::r`'�{:•'.`:i::Y;f:{>r:;:^��{�i':r::;:;:i: ti':?>i:::?i':i:•:. Z Z — U : 11yf Z Y1 ....::::ir:.::•i::::i:: :: f:2: :c' :�::':: ::::'::::::::t::2%:::::::i:::y:r:.:;:: Z W W F y LL '.rr:<::::i:::::::::{i::\::r::;:`'r,:j4::?::;:;:i':?;;:?y::,'•.:: ::: .. WALNUT ❑ ..:wi,..•::.:�.�::::•::.y:.�..-:::::._.�:::.....:..... 00 0 PACIFIC COAST FNW PHUNTINGTON LANNINGDEPA DEPARTMENT CALIFORNIA DISTRICT 9 DOWNTOWN SPECIFIC PLAN PLANNING DEPARTMENT ' • 4.11 DISTRICT #9: COMMERCIAL/RECREATION Purpose. The purpose of this District is to encourage large, coordinated development that is beach-oriented and open to the public for both commercial and recreational purposes. Boundaries. District #9 is bounded by PCH on the south, Beach Boulevard on the east, Huntington Street on the west, and on the north by the proposed Walnut Avenue extension. 4.11.01 Permitted Uses. (a) The following list of commercial recreation uses in District No. 9 may be allowed. Other related uses not specified herein may be allowed subject to the approval of the Director. A change of use shall be subject to the approval of the Director. For example: Retail sales Tourist related uses Outdoor dining pursuant to S.4.2.32 (b) The following list of uses and any new construction, or change of such use in District No. 9 may be allowed subject to approval of a Conditional Use Permit. For example: Dancing and/or Live entertainment Hotels, motels Recreational facilities Restaurants 4.11.02 Minimum Parcel Size. No minimum parcel size shall be required for this District. 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. 4.11.03 Maximum Density/Intensi1y. The maximum intensity of development shall be calculated by floor area ratio (FAR) for this District. The floor area ratio shall apply to the entire project area. Floor area ratios shall be calculated on net acreage. (a) The maximum floor area for developments in this District shall be calculated with a multiple of 3.0. 4.11.04 Maximum BuildingLHeight. No maximum building height shall be required. 4.11.05 Maximum Site Coverage. The maximum site coverage shall be thirty-five (35) percent of the net site area. Note: A maximum of twenty-five (25) percent of the net site area can be used for parking and vehicular accessways. 4.11.06 Setback (Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be fifty (50) feet, from PCH and Beach Boulevard. 4.11.07 Setback (Side Yard). The minimum exterior side yard requirement shall be twenty (20) feet. DTSPNW.DOC 44 Downtown Specific Plan Revised 9/20/94 Exception: The minimum exterior yard requirement from Beach Boulevard shall be fifty (50) feet. 4.11.08 Setback(Rear Yard). The minimum rear yard setback shall be twenty (20) feet. Note: An additional ROW dedication will be required to provide for the Walnut Avenue extension. 4.11.09 Setback (Upper Story). No upper story setback shall be required. 4.11.10 Open Space. Development projects within this District shall provide public open space. A minimum of twenty-five (25) percent of the net site area must be provided for such a purpose. This area shall be available for public or semi-public uses for recreational purposes. Open space must have minimum dimensions of twenty-five (25) feet in each direction . Paved areas devoted to streets, driveways and parking areas may not be counted toward this requirement. A maximum of fifteen (15) percent of the required twenty-five (25) percent 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. 4.11.11 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. 4.11.12 Mobile home District. A portion of District 49 is zoned for mobile home use. Within this mobile home area, the provisions of the Mobile home District of the Huntington Beach Ordinance Code shall apply (see Section 4.16). DTSPNW.DOC 45 Downtown Specific Plan Revised 9/20/94 tnom �-��fl ❑ �nn 'a ��v` � LI� LJIJ 1J01JIJ ��� � � � :,UNTINGTON BEACH,„„„��„,.„,,,CALIFORNIA DISTRICT 10 DOWNTOWN SPECIFIC PLAN 4.12 DISTRICT #10: PIER-RELATED COMMERCIAL Purpose. This District is intended to provide for commercial uses on and alongside the pier which will enhance and expand the public's use and enjoyment of this area. Uses are encouraged which capitalize on the views available from the pier and the unique recreational or educational opportunities it affords. At the same time, care must be exercised to insure that the major portion of the pier will remain accessible to the public at no charge, for strolling, fishing or observation. Boundaries. Shall be consistent with the Coastal Element of the General Plan. 4.12.01 Permitted Uses. (a) The following list of pier related commercial uses in District No. 10 may be allowed. Other related uses not specified herein may be allowed subject to the approval of the Director. A change of use shall be subject to the approval of the Director. For example: Bait and tackle shops Beach rentals Retail sales (beach-related) Outdoor dining pursuant to S.4.2.32 (b) The following list of uses and any new construction, or change of such use in District No. 10 may be allowed subject to approval of a Conditional Use Permit. For example: Aquariums Commercial uses or public recreation facilities (beach-related) Museums Parking lots that will not result in the loss of recreational sand area. Tiered parking is permitted within the Downtown Specific Plan area on existing lots seaward of Pacific Coast Highway provided the parking is designed so that the top of the structures including walls, etc., are located a minimum of one foot below the maximum height of the adjacent bluff. Restaurants (including fast food with take out windows) Note: Only parking uses are permitted in this District northwest of Sixth Street. 4.12.02 Minimum Parcel Size. No minimum parcel size shall be required in this District. 4.12.03 Maximum Density/Intensity. No maximum density or intensity requirement shall be applied in this District. 4.12.04 Maximum Height. The maximum building heights shall be twenty-five (25) feet and no more than two (2) stories above the pier level. Exception: The maximum building height on the pier (excluding the end of the pier cafe) and northwest of the pier shall be one(1) story. 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 minimum of one foot below the maximum height of the adjacent bluff. 4.12.05 Maximum Site Coverage. No maximum site coverage shall be required. DTSPNW.DOC 46 Downtown Specific Plan Revised 9/20/94 Exception: No more than twenty-five (25) percent of the pier shall be covered by any building or roofed structure. In addition, buildings or other roofed structures shall not be constructed along more than twenty-five (25) percent of the perimeter of the pier. 4.12.06 Setback (Front Yard). No minimum front yard setback shall be required. 4.12.07 Setback (Side Yard). No minimum side yard setback shall be required. 4.12.08 Setback(Rear Yard). No minimum rear yard setback shall be required. 4.12.09 Setback (Upper Story). No minimum upper story setback shall be required. 4.12.10 men Space. Public open space and pedestrian access shall be major considerations of development in this District. All new development shall provide sufficient clear width along the length of the pier for public access, emergency and service vehicles. In addition, public walkways along the pier edge or around the perimeter of new development must be provided. DTSPNW.DOC 47 Dmmtown Specific Plan Revised 9/20/94 R "„�,,,,,,„Go,,,,,,,E„BEACH CALIFORNIA DISTRICT 11 DOWNTOWN SPECIFIC PLAN 4.13 DISTRICT #11: BEACH OPEN SPACE Purpose. This District is intended to preserve and protect the sandy beach area within the Downtown Specific Plan boundaries while allowing parking and auxiliary beach- related commercial and convenience uses. Approximately half of the beach frontage in the District is City beach; the remainder is owned by the State of California. Boundaries. District 411 is bounded by PCH on one side and the Pacific Ocean on the other. The District extends from Goldenwest Street to Beach Boulevard, except for the area which is part of District 410. 4.13.01 Permitted Uses. (a) The following list of Beach Open Space uses and public facilities in District No. 11 may be allowed subject to approval of the Design Review Board. Other related uses or public facilities not specified herein may be allowed subject to the approval of the Design Review Board. Any change of such use or public facilities shall be subject to the approval of the Director. For example: Access facilities Basketball Courts Beach concession stands* Bicycle trails and support facilities Fire rings Paddle board courts Parking lots that will not result in the loss of recreational sand area. Tiered parking is permitted within the Downtown Specific Plan area on existing lots seaward of Pacific Coast Highway provided the parking is designed so that the top of the structures including walls, etc., are located a minimum of one foot below the maximum height of the adjacent bluff. Park offices + playground equipment Public Restrooms Public transit facilities and associated structures, dressing rooms or showers* Shoreline construction that may alter natural shoreline process, such as groins, cliff retaining walls, pipelines, outfalls that are designed to eliminate adverse impacts on local shoreline sand supply Trails (bicycle or jogging) and support facilities Volleyball net supports *Note: Beach concession stands shall be limited to twenty-five hundred (2500) square feet and spaced at intervals no closer than one thousand (1,000) feet. Beach concession structures shall be located within or immediately adjacent to paved parking or access areas. "Note: Public transit facilities may only be constructed within the existing paved parking areas or in areas which are not part of the beach. 4.13.02 Minimum Parcel Size. No minimum parcel size shall be required . 4.13.03 Maximum Density/Intensi1y. No maximum density or intensity requirement shall be applied in this District. 4.13.04 Maximum Building Height. The maximum building heights shall be limited to twenty (20) feet. DTSPNW.DOC 48 Downtown Specific Plan Revised 9/20/94 Exceptions: 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 PCH. 4.13.05 Maximum Site Coverage. No maximum site coverage shall be required. 4.13.06 Setback (Front Yard). No minimum front yard setback shall be required. 4.13.07 Setback (Side Yard). No minimum side yard setback shall be required. 4.13.08 Setback (Rear Yard). No minimum rear yard setback shall be required . 4.13.09 Setback pper Story). No minimum upper story setback shall be required. 4.13.10 Open Space. Public open space and pedestrian access shall be major considerations of development in this District. 4.13.11 Parkin . No additional parking shall be required for new development in this District. Construction which proposes the removal of existing parking, shall provide for the replacement of that parking on a one-for-one basis within the District. 4.13.12 Resource Production Overlay. A portion of District #11 is designated with an Oil Suffix (0,01). Within this area, all the requirements of the Resource Production Overlay shall apply (see Section 4.14). DTSPNW.DOC 49 Downtown Specific Plan Revised 9/20/94 OIL DISTRICT OVERLAY MAP Figure 4.14 DTSPNW.DOC 50 Downtown Specific Plan Revised 9/20/94 • • 4.14 RESOURCE PRODUCTION OVERLAY 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. 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 "0" which allows existing oil wells and attendant facilities but no new wells, and the "01" which allows the drilling of new wells in addition to all uses in the "0" 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. 4.14.01 Oil Overlay "A" The regulations in this overlay District facilitate continued oil recovery, but require all new facilities to be concentrated into a screened, 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 #2, between 19th and 18th streets from Pacific Coast Highway to the area is Walnut Avenue. Regulations.ations. New wells and related facilities shall be permitted in accordance with the - 01 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 a 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 screening plan is approved the Director of Development Services which substantially improves the appearance of the area. (d) The operation site hall be screened by a wall, fence, or structure in keeping with the character of the area. The site shall also be landscaped so as to ensure visual compatibility with the surrounding area. A screening and landscaping plan must be submitted to and approved by the Director. All structures shall generally conform to the height limits and setback requirements of the base District. The Director DTSPNW.DOC 51 Downtoum Specific Plan Revised 9/20/94 may waive these restriction if it would result in better overall soundproofing, odor reduction and/or visual compatibility. 4.14.02 Oil Overlay "B" The regulations in this overlay facilitate continued oil recovery, wells may be redrilled if surface pumping units are replaced with a 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 #11 between Goldenwest and 11th streets. Regulations. Wells may be redrilled in accordance with the -0 suffix in the Huntington Beach Ordinance Code provided, however, that the following additional conditions are met: (a) 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. (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) 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. New wells may be permitted if they are part of an overall consolidation plan which significantly reduces the area used for oil facilities or expedites 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 01 suffix in the Huntington Beach Ordinance Code. 4.14.03 Oil Overlay "C" 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 #8A between Lake Street and Huntington Avenue and Atlanta Avenue. Regulations. Well drilling and redrilling shall be permitted in accordance with Title 15 of the Huntington Beach Municipal Code and with the 0 or 01 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 DTSPNW.DOC 52 Downtown Specific Plan Revised 9/20/94 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. 4.15 CONSERVATION OVERLAY Purpose. The conservation overlay is intended to regulate those areas which have been preliminary identified as wetlands. Upon determination by the California Department of Fish and Game that an area is classified as a wetland the conditions of this overlay shall apply Boundary. The State Department of Fish and Game has identified an area within District 8B as containing .8 acres of existing wetland and 1.4 acres of restorable wetland. The 2.2 acre area is immediately adjacent to Beach Boulevard (see Figure 4.14). Regulations. 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. The information shall be prepared by a qualified professional, and shall be subject to review by the California Department of Fish and Game. 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 (1) 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." Conservation easements, dedications or other similar mechanisms shall be required over all wetland areas as a condition of development, to assure permanent protection. Public vehicular traffic shall be prohibited in wetland areas governed by a conservation easement. Specific drainage and erosion control requirements shall be incorporated into the project design to ensure that wetland areas are not adversely affected. 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. Within areas identified as wetlands in the coastal zone, the uses of the Coastal Conservation District shall supersede the uses of the FP 1 and FP2 district. DTSPNW.DOC 53 Downtown Specific Plan Revised 9/20/94 CONSERVATION OVERLAY MAP Figure 4.15 DTSPNW.DOC 54 DoAmtown Specific Plan Revised 9/20/94 4.16 MOBILE HOME DISTRICT Purpose. The Downtown Specific Plan includes approximately 24 acres with a Mobile home District (MH) designation. The purpose of the Mobile home District is to permit present mobile home park uses to continue. These mobile home areas fall within Districts Seven, Eight and Nine of the Downtown Specific Plan. Boundaries. The Mobile home District encompasses parts of Districts 7, 8 and 9. The following describes the real property in two sections. Section One is approximately 6.2 acres in size located on the north side of Pacific Coast Highway between Huntington and Lake Streets. That portion of fractional Section 14, Township 6 South, Range 11 West in the Rancho Las Bolsas, City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in Book 51, page 14 of Miscellaneous Maps in the office of the County Recorder of said county, described as follows: Beginning at the intersection of the centerline of Lake Street (formerly First Street) being parallel with and 37.50 feet southeasterly measured 147 feet right angles from the northwesterly line of Block 101 with the north right-of-way line of Pacific Coast Highway (formerly Ocean Avenue), also being the southeasterly extension of the southwesterly line of Block No. 101, all as shown on a map of Huntington Beach, recorded in Book 3, page 36 of Miscellaneous Maps in the office of the County Recorder of said county; thence south 41038'18" west 53.00 feet along the centerline of Lake Street to the construction centerline of Pacific Coast Highway; thence along said construction centerline the following, south 4838'18" west 53.00 feet along the centerline of Lake Street to the construction centerline of Pacific Coast Highway; thence along said construction centerline the following, south 48021'42" east 98.26 feet to a curve concave to the northeast having a radius of 1200 feet; thence southeasterly along said curve through a central angle of 4°55'28" an arc distance of 103.14 feet; thence south 53°1711" east 108.26 feet to a curve concave to the northeast having a radius of 3328.60 feet; thence southeasterly along said curve through a central angle of 1°20'17" an arc distance of 77.72 feet; thence south 54°37'28" east 400.00 feet; thence leaving said construction centerline north 35022'32" east 52.00 feet to the true point of beginning; thence south 54037'28" east 427.26 feet; thence south 59°15'30" east 263.04 feet to the southwesterly extension of the westerly line of Huntington Street; thence 37°54'51" east 290.61 feet along said extension and said westerly line; thence north 54005'09" west 520.00 feet; thence south 5°54'51" west 120 feet; thence south 57032'32" west 55.85 feet; thence north 57°05'09" west 70.00 feet; thence north 12°05'09" west 120.00 feet; thence north 35°54'51" east 130.00 feet; thence north 54005'09" west 170.00 feet; thence south 35054'51" west 80.00 feet; thence north 89°05'09" west 70.00 feet; thence south 00054'51" west 170.00 feet; thence south 80005'09" east 83.83 feet; thence south 35°22'32" west 157.67 feet to the true point of beginning. DTSPNW.DOC 55 Downtown Specific Plan Revised 9/20/94 Figure 4.16 DTSPNW.DOC 56 Downto«m Specific Plan Revised 9/20/94 Section Two is approximately 18 acres in size located on the west side of Beach Boulevard north of Pacific Coast Highway. Beginning at the southeast corner of the northeast quarter of the northeast quarter of said Section 14; thence south 89°43'00" west 111.91 feet along the north line of the south half of the northeast quarter of said section to the true point of beginning; thence south 3°29'43" west 593.12 feet; thence south 25°32'14" west 386.94 feet; thence south 11'44'36" east 771.48 feet; thence south 80°00'00" west 82.75 feet; thence north 52°00'00" west 835.00 feet; thence north 38°00'00" east 300.00 feet; thence north 50°08'13" west 173.58 feet; thence north 45°00'00" east 84.85 feet to point "A" (to be used as a reference for the exception portion of this description); thence north 43°17'55" west 714.49 feet; thence due west 40.00 feet; thence south 49°45'49" west 170.29 feet; thence north 74°28'33" west 186.82 feet; thence north 51°45'58" west 420.51 feet; thence north 0°17'36" east 59.76 feet to the north line of the south half of the northeast quarter of said section; thence north 89°43'00" east 1,844.00 feet along said north line to the true point of beginning. Excepting therefrom the following: beginning at said Point "A", thence north 45°00'00" east 190.00 feet to the true point of beginning; thence north 43°17'55" west 550.00 feet; thence (north 89°43'00" east 640.00 feet; thence south 3°29'43" west 254.03 feet; thence south 25°32'14" west 303.23 feet; thence north 43°17'55" west 170.00 feet to the true point of beginning. Regulations. The regulations of the Downtown Specific Plan will serve as overlays for those portions of Districts Seven, Eight and Nine which retain the (MH) zone, until such time that the Mobile home District designation is removed. All areas retaining the (MH) zone shall be subject to the provisions of the Mobile home District of the Huntington Beach Ordinance Code. In addition, these areas are subject to the provisions of the Mobile home Overlay Zones/Removal/Rezoning/Change of Use Article of the Huntington Beach Ordinance Code. DTSPNW.DOC 57 Downtown Specific Plan Revised 9/20/94 RESOLUTION NO. 6637 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 94-1 WHEREAS, the City Council of the City of Huntington Beach, California desires to update and refine the General Plan in keeping with changing community needs and objectives; and Amendment to the Coastal Element and Land Use Element is necessary to accomplish the objectives of the General Plan; and A public hearing on adoption of General Plan Amendment No. 94-1 was held by the Planning Commission on August 23, 1994; and Thereafter, the City Council, after giving notice as prescribed Government Code Section 65355, held a public hearing on October 3, 1994 to consider General Plan Amendment 94-1; and At said hearing before the City Council all persons desiring to be heard on said amendment were heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach pursuant to provisions of Title 7, Chapter 3, Article 6 of California Government Code commencing with Section 65350, that General Plan Amendment 94-1 consisting of the following changes are hereby adopted as an amendment to the General Plan Coastal Element and Land Use Element thereof: 1 7/reso/gp94-1/9/2/94 Redesignation of approximately 2.5 gross acres of property generally bounded by Sixth Street, Pacific Coast Highway, Eighth Street and the first public alley paralleling Pacific Coast Highway from Residential - High Density to Visitor Servinq Commercial and to revise pertinent maps (Attached Exhibits A through E) in the Coastal Element. The real property affected by this change of use is described and depicted on Exhibit A, attached hereto and incorporated by reference herein. PASSED AND ADOPTED by the.City Council of the City of Huntington Beach at a regular meeting held on the 3rd of October, 1994. Mayor ATTEST:. APPROVED AS TO FORM: City Clerk City Attorn y REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Comm nity Development 2 7/reso/gp94-1/9/2/94 Res. No. 6637 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, 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 the 3rd day of October, 1994, by the following vote: AYES: Councilmembers: Silva, Bauer, Robitaille, Moulton-Patterson, Winchell, Leipzig, Sullivan NOES: Councilmembers: None ABSENT: Councilmembers: None 1., City Clerk and ex-officio Cl of the City Council of the City of Huntington Beach, California M IDEN AL DI M �1 u N9 NHu LJL1 - LQv, E OLIV AVE. vcn MIXED USE `� N FE m I= U) !-Z z z =LLJ _ = Z WALNUT AVE. 0RE t I EN IA H GH DENS'ITY COMN E Cl L ❑ V IT SE VI G PACIFIC COAST HWY. COMMERCIAL VISITOR SERVING AgMbL HUNTINGTON LIFORNIA PLANNING DEPARTMENT PACIFIC OCEAN _j EXISTING GENERAL PLAN LAND USE DESIGNATION Ll""L�l E IU ' D NSt� Ll u L-1 u OLIVE ST. y E l-:cn u� N N cn N 2 3: I w Z Lu > Z WALNUT ST. [REll EN' IA HIGF DE ITY ❑ COM E CIAL S TOR SER ING PACIFIC COAST HWY. OPEN SPACE RECREATIONAL I' HUNTINGTON BEACH C PLANNING DEPARTMENT PACIFIC OCEAN PROPOSED GENERAL PLAN LAND USE DESIGNATION X441 175tT :.. .........::.:::.::...... : . .......,.. :,...:.:..:..:..:.:.:.:::..::::::...:::..:::.:.::.: 4.w•• . • d : '.. .' :>::-..-�::.. >._: --. N:'>.`ib iG . r' '. :"...........�n.�}:t�:i?j;." :%::::::'::-::::: '::::��:::'::::`:isi`::isi:;:i::i".`?<:'�i}:':::is::i'>r:i:::isis�':''� :;::isi:";::is� :::;:;"�;:� :::;isL::::t:iisi;:4y,:}::;:i;i:}:!Y}.,.:{:•:::::.:{.:.. .i. .: .n..,w;-d:...A.:}}::{......%!{{:rv{wf.,.;ti,•::,•r•:w.:: - :::.. -.:::.. .:.:....:. ..:..:: :•}:}:a}:}}::{{'.::.}h.: 1. Name of Proponent: City of Huntington Beach Address: =0 O Main Street Huntington Beach, CA 92648 Phone ;Number: (714) 536-5271 2. Date ChecMist Submitted for Review: April 26, 1994 3. Concurrent Entitlement(s): General Plan Amendment NIo. 94-1 4. Proiect Location: Lots bounded by Sixth Street, Pacific Coast Hghway, Eighth Street, and the first public alley paralleling Pacific Coast Hi ghway. 5. Proiect Description: To redesignate approximately 2.5 gross acres of property described above fiom High Density Residential to Visitor- Serving Commercial. The proposed redesignation will be consistent with the proposed zonir,'g of Dow—ritown Specific Plan, District"To. 1, allowing visitor-serving uses, and will bring existing commercial uses into conformance w=ithihe General Plan. The project does not consist of any development at this time, and therefore, will not generate any new commercial construction or operation related to environmental impacts. The environmental assessment that follows is based upon the impacts associated with the _ change in type of land use and not specific development. Any subsequdnt commercial development which could potentially generate - significant environmental impacts will-be subject to project specific environmental.review through the entitlement process. The land use amendment will require final approval by the-California Coastal Commission since the project is located within the Coastal _ Zone. ENVIRONMENTAL IMPACTS ' (Explanations of answers arc included after each subsection.) 1 . Earth. Yes MaNfie .o Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? _ — X b. Disruptions, displacements,compaction or oyercovering of the soil? _ — X e. Change in topography or ground surface relief features? _ — ?C d. The destruction,covering or modification of any unique geologic or physical features? — — x e. Am,increase in vind or N•aier erosion of soils, either on or off the site? — _ X f. Changes in deposition or erosion of beach sands, or changes in siltation,deposition or erosion which may modifi!the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? — — x g. Exposure of people or property to geologic hazards such as earthquakes,landslides, f mudslides, ground failure, or similar hazards? — — x 1 Discussion: The subject property is not located within the AJquist-Priolo Earthquake Hazard Speci Study Zone. New developments may be proposed as a result of the land use amendment, however all. proposals will be required to comply with all applicable codes in effect at the time. Furthermore, with standard conditions of approval addressing soil remediation, no significant adverse impacts are anticipate 2. Air. Yes Maybe N Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? — X _ b. The creation of objectionable odors? c. Alteration of air movement, moisture, or temperature,.or any change in climate,either - locally or regionally? Discussion: The proposed general plan amendment does not constitute.any new development; however it will permit future commercial development. New commercial development may generate additional trips; however, any subsequent commercial development which would generate significant adverse air impacts would be subject to project specific environmental review. Impacts to air quality ar not anticipated to be significant. 3. Water. Yes Maybe Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine_ or fresh waters? _ Environmental Checklist Page 2 f b. Changes in absorption rates, drainage patterns, or the rate and amount of surface rvnof r _ X _ c. Alterations to the course or flow of flood--vaters? _ _ X d. Change in the amount of surface water in any eater body? _ X e. Discharge into surface waters, or in any alteration of surface water quality,including but not limited to temperature, dissolved ox\.gen or turbidity) _ X I f. Alteration of the direction or rate of flow of ground waters? i g. Change in the quantity of ground waters. either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? _ x I i. Exposure of people or propem,to water related hazards such I as flooding or tidal waves? _ X Discussion: New development may result as a result of the land use amendment which may cause changes in absorption rates, drainage patterns and amount of surface runoff. All new development v ill be required to obtain approval of separate entitlements which will be reviewed and approved by the Planning Commission. Grading plans and hydrology studies are standard requirements reviewed by the Public Works Department prior to any construction. The project area is located with Flood Insurance Rate Map (FIRM) Zone X which does not require flood insurance or floodproofing. No adverse impacts resulting from flooding or tidal waves are anticipated 4. Plant Life. Yes Mavbe No Will the proposal result in: a. Change in the diversity of species,or number of any species of plants(including trees, shrubs, grass, crops,and aquatic plants)? _ _ X b. Reduction of the numbers of any mature, unique,rare.or endangered species of plants?. _ X c. Introduction of new species of plants into an area,or in a barrier to the normal_ replenishmenf of existing species? X d. Reduction in acreage of an agricultural crop? - _ X Discussion: The subject site is occupied by commercial and oil related uses with no plant or animal habitats. No impacts to plant life are anticipated as a result of the General Plan Amendment. 5. Animal Life. - Yes Mavbe No Will the proposal result in: a. Change in the diversity of species, or numbers of am species of animals(birds, land animals including reptiles, fish and shellfish..benthic organisms or insects)? _ _ X Em•ironmcntal Checklist Pace 3 E..' b. Reduction of the numbers of an},unique, rare or endangered species of animals? _ _ X C. Introduction of ncN%-species of animals into an area, or result in a barrier to the Migration or movement of animals? _ _ X d. Deterioration to existing fish or Aildlife habitat? _ _ X Discussion: See discussion under item 44. No impacts to animal Aildlife are anticipated as a result of the General Plan Amendment. 6. Noise. Yes MaNrbe No Will the proposal result in: a. Increases in existing noise levels? _ X _ b. Exposure of people to seven noise le\,els? _ X _ Discussion: The land use amendment may generate long-term noise impacts to adjacent residential properties as a result of new commercial developments. Presently, there are commercial or oil related uses on the subject property, x ith ambient noise from traffic on PCH. All new uses A ill be evaluated by the Planning Commission prior to any construction. All proposed uses will be required to comply with noise standards specified in the Huntington Beach Municipal Code. ',No significant noise impacts to new or existing residences are anticipated. 7. Li ht and Glare. Yes Maybe No Will the proposal produce ne;v light or elan? _ X _ Discussion: The land use amendment may result in more night time use of the property. However, all standard conditions of approval on all new development require that lighting be directed in a manner to prevent"spillage" onto adjacent properties. As a result, light and glare impacts to adjacent residential properties and to motorists on Pacific Coast Highway Aill be minimized. No significant light and glare impacts are anticipated. 8. Land Use. Yes Mavbe No Will the proposal result in a substantial alteration of the present or planned T land use of an area? X Discussion: The proposed general plan-amendment will allow for visitor-serving commercial- development along Pacific Coast Highway, between Sixth and Eighth Streets. The proposed amendment is consistent with the proposed Downtown Specific Plan District 1 (Visitor-Serving Commercial) zoning classification. Final approval of the proposed amendment will be required of-the California Coastal Commission since the subject property is located within the coastal zone. Currently, there are several commercial uses .viihin the project area including a liquor store/market, motel, coffee shop and donut shop approximately 30 feet from existing residential units. In addition, there are oil facilities on several lots within the project area. The proposed amendment will be consistent with the land use designations on adjacent blocks along Pacific Coast Highway between Lake Street and Ninth Street, and is not considered to be sienificant due to the existing commercial uses on site. Fn\-ii(lnmrntal (-hrrklia Pa on 9. Natural Resources. Yes Ma\-be No Will the proposal result in: a. increase in the rate of use of any natural resources? _ _ X b. Substantial depletion of any non-renewable natural resource? _ _ X Discussion: The project does not involve any activities and -,will not create any situation that will result in a significant increase in the rate of use of any natural or non-renewable energy resource. 10. Risk of Upset. Yes Mavbe NoWill the proposal involve: a. A risk of an explosion or the release of hazardous substances(including,but not limited to oil, pesticides, chemicals or radiation)in the event of an accident or upset conditions? _ _ X b. Possible interference uith an emergency response plan or an emergency evacuation plan? _ _ X Discussion: The proposed land use amendment does not involve the use of any hazardous materials and will not result in any impediments to emergency response or evacuation plans. The project area currently has oil related uses on site which may continue to operate. Any change in use requiring the abandonment of the oil wells or associated facilities will require approval and monitoring by the Huntington Beach Fire Department. Emergency response may actually be improved with new development, with the possible closure of existing driveways off Pacific Coast Highway allowing for improved circulation; no significant adverse hazardous material or emergency access impacts are anticipated. 11. Population. Yes Mavbe No Will the proposal alter the location,distribut+on, density, or growth rate of the human population of an area? Discussion: The proposed land use amendment Aill allow visitor-serving commercial uses along . Pacific Coast Highway between Sixth and Eighth Street. There are primarily commercial type uses present _ within the project area with the exception of oil related uses on several lots. No significant adverse impacts to the location, distribution, density or growth rate to the human population are anticipated. " 12. Housing. _ Yes Mavbe Will the proposal affect existing housing,or create a demand for additional housing? _ � X Discussion: The proposed land use amendment will not result in an increase in the demand for additional housing. No significant adverse impacts are anticipated. - Environmental Checklist Page 5 =A 93- 13. Transportation/Circulation. Yes Maybe No Will the proposal result in: a. Generation of substantial additional vehicular movement? _ X _ b. Effects on existing parking facilities, or demand for new off-site parking? � X _ c. Substantial impact upon existing transportation systems? _ _ X d. Alterations to present patterns of circulation or movement of people and/or goods? _ _ X e. Alterations to waterborne, rail or air traffic? _ _ X f Increase in traffic hazards to motor vehicles,bicyclists or pedestrians? _ _ X Discussion: The proposed amendment will allow for commercial uses along Pacific Coast Highway. Access to properties via Pacific Coast Highway»rill be minimized through attempts to close existing driveways off Pacific Coast Highway and require access from the alley and numbered streets. No significant adverse traffic or circulation impacts are anticipated. 14. Public Services. Yes Mavbe No Will the proposal have an effect upon, or result in a need for new or altered governmental senrices in any of the following areas: a. Fire protection? _ _ X b. Police protection? _ X c. Schools? X d. Parks or other recreational facilities? X e. Maintenance of public facilities, including roads? _ _ X f. Other governmental services? _ X Discussion:-New development of the project area may result in the construction of new public improvements such as sidewalks, which will be maintained by the City. However, there is no more of a . requirement of these facilities than what the existing General Plan requires. No adverse impacts to public services are anticipated. 15. ' Ener - _ . Yes Mavbe No _ Will the proposal result in: a. Use of substantial amounts of fuel or energy? _ _ X b. Substantial increase in demand upon existing source of energy, or require the development of sources of energy? _ X— Discussion: Please refer io the discussion under 49.. - — Emironmcntal Checklist Page 6 EA 93 16. Utilities. Yes Mai be No Will the proposal result in a need for new systems, or substantial alterations to the follov-ing utilities: a. Power or natural gas? _ _ X b. Communication systems? _ X C. Water? _ _ X d. Sever or septic tanks? _ _ X e. Storm wafer drainage? _ X f. Solid waste and disposal? _ _ X Discussion: No adverse impacts to utilities are anticipated as a result of the land use amendment. However, all new development will require review and approval of new, or upgraded utilities by the Public Works Department. No significant impacts are anticipated. 17. Human Health. Yes Mavbe No Will the proposal result in: a.. Creation of any health hazard or potential health hazard(excluding mental health)? _ _ X b. Exposure of people to potential health hazards? _ _ X Discussion: No hazards to human health will-result from- 1M proposed land use amendment. 1S. Aesthetics. Yes Mavbe No Will the proposal result in the obstruction of any scenic vista or view open to the public,or will the proposal result in the creation of an aesthetically offensive site open to public View? _ _ X - Discussion: The general plan amendment will allow visitor-serving developments which are permitted _ to be a maximum 35 feet or three (3) stories in height, similar to existing height restrictions-under the High Density Residential land use designation and Dow town Specific Plan, District 2 standards. All new development will require review and approval by the Design Review Board. No significant aesthetic _ impacts are anticipated as a result of the land use amendment: 19. Recreation. _ Yes Mavbe No Will.the proposal result in an impact upon the quality or quantity of existing recreational opportunities? _ X Discussion: The proposed amendment \vill not have any adverse impact on existing recreational facilities. Environmental Chcchlist Page 7 EA 9'3 20. Cultural Resources. Yes Maybe No a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? b. Will the proposal result in ad%'erse physical or aesthetic effects to a prehistoric or historic building, structure, or object? c. Does the proposal haN,e the potential to cause a physical change which would affect unique ethnic cultural values? _ _ X d. Will the proposal restrict existing religious or sacred uses within the potential impact area? _ _ X Discussion: The project site is not in the vicinity of any known archaeological, historical or other cultural resources. The project site is located Ariihin the City's historic district but is not occupied by any historic structures. However, prior to demolition of any structure in the project area, the property owner -Mll require review and approval by the City's Historical Resources Board. No significant adverse impacts are anticipated. 21. Mandatory Findings of Significance. Yes Maybe No a. Does the project have the potential to degrade the quality of the en"ironment, sub- stantially reduce the habitat of a fish or-Aildlife species, cause a fish or wildlife population to drop below self sustaining levels,threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? _ _ X b. Does the project have the potential to achieve short-term,to the disadvantage of long-term, environmental goals? (A short-term impact on the em-ironment is one which occurs in a relatively brief,definitive period of time while long-term impacts N»ll endure well into the future.) _ _ X c. Does the project have impacts which are indi-,idually limited,but cumulatively consid- erable? (A project may impact on two or more separate resources where the impact on each resource is relatively small;but where the effect of the total of those impacts on the environment is significant.) _ _ X d- Does the project have environmental effects which will cause substantial adverse effects on human beings,either directly or indirdctly? - __ _ X Environmental Checklist Page 8 EA 93- DETERINIINATI0N On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a A'EGATIVE DECLARATION vzll be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there\will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A ATEGATIVE DECLARATION WILL BE PREPARED. ❑ I find the proposed project MAY have a significant effect on the environment, and an ENVIRONT\ ENITAL APACT REPORT is required. Signature Date For: City of Htmtinston Beach Community Development Department Format Revised: September, 1993 -onmcntal Checklist Page 9 -- Responses to Comments Negative Declaration No. 94-7 I. INTRODUCTION This document serves as the Response to Comments on the Negative Declaration No. 94-7. This document contains all information available in the public record related to the Negative Declaration as of Tuesday, July 5, 1994 and responds to comments in accordance with Section 15088 of the California Environmental Quality Act (CEQA) Guidelines. This document contains five sections. In addition to this Introduction, these sections are Public Participation and Review, Comments, Responses to Comments, and Appendix. The-Public Participation section outlines the methods the City of Huntington Beach has used to provide public review and solicit input on the Negative Declaration. The Comments section contains those written comments received from agencies, groups, organizations, and individuals as of Tuesday, July 5, 1994. The Response to Comments section contains individual responses to each comment. It is the intent of the City of Huntington Beach to include this document in the official public record related to the Negative Declaration. Based on the information contained in the public record the decision makers will be provided with an accurate and complete record of all information related to the environmental consequences of the project. H. PUBLIC PARTICIPATION AND REVIEW The City of Huntington Beach notified all responsible and interested agencies and interested groups, organizations, and individuals that a Negative Declaration had been prepared for the proposed project. The City also used several methods to solicit input during the review period for the preparation of the Negative Declaration. The following is a list of actions taken during the preparation, distribution, and review of the Negative Declaration. 1. A cover letter and copies of the Negative Declaration were filed with the State Clearinghouse on June 1, 1994. The State Clearinghouse assigned Clearinghouse Number 94061004 to the proposed project. A copy of the cover letter and the State Clearinghouse distribution list is available for review and inspection at the City of Huntington Beach, Planning Department, 2000 Main Street, Huntington Beach, California 92648. 2. An official thirty (30) day public review period for the Negative Declaration was established by the State Clearinghouse. It began on Wednesday, June 1, 1994 and ended on Friday, July 1, 1994. Public comment letters were accepted by the City of Huntington Beach through Tuesday, July 5, 1993. 3. Notice of the Negative Declaration was published in the Huntington Beach Independent on Thursday, June 2, 1994. Upon request, copies of the document were distributed to agencies, groups, organizations, and individuals. M. COM2vMNTS Copies of all written comments received as of Tuesday, July 5, 1994 are contained in Appendix A of this document. All comments have been numbered and are listed on the following pages. All comments from letters received have been retyped verbatim in a comment-response format for clarity. Responses to Comments for each comment which raised an environmental issue are contained in this document. IV. RESPONSE TO COMNMNTS The Negative Declaration No. 94-7 was distributed to responsible agencies, interested groups, organizations, and individuals. The report was made available for public review and comment for a period of thirty (30) days. The public review period for the Negative Declaration established by the City commenced on June 1, 1994. Copies of all documents received as of July 5, 1994 are contained in Appendix A of this report. Comments have been numbered with responses correspondingly numbered. Responses are presented for each comment which raised a significant environmental issue. Several comments to not address the completeness or adequacy of the Negative Declaration, do not raise significant environmental issues, or request additional information. A substantive response to such comments is not appropriate within the context of the California Environmental Quality Act (CEQA). Such comments are responded to with a "comment acknowledged" reference. This indicates that the comment will be forwarded to all appropriate decision makers for their review and consideration.