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."
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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` �
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� :,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
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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.