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Home My WebLink AboutLocal Coastal Program Amendment 3-94 (Downtown Specific Plan l _ STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal cleric of the HUNTINGTON BEACH INDEPENDENT a newspaper of general - PUBLIC NOTICE. If fifty percent_($oak) circulation, printed and published in the City of or more of an existing. LEGAL NOTICE structure is demo)-! Huntington Beach, County of Orange, State of ORDINANCE NO.3180 i s h e d and re c o n- AN ORDINANCE OF strutted, the new' California, and that attached Notice is a true and THE CITY OF structure must provide, HUNTINGTON BEACH the required off-streets complete copy as was printed and published in AMENDING THE I parking. The parking HUNTINGTON BEACH may be provided the Huntington Beach and Fountain Valley DOWNTOWN SPECIFIC through the payment ofl PLAN CONCERNING in-lieu fees as allowed+ issues of said newspaper to wit the issue(s) of: PARKING AND by the Downtown Spe-j LANDSCAPING cific Plan in-lieu fee+ REQUIREMENTS" parking program. SYNOPSIS: THE FULL TEXT.OFI Ordinance No. 3180 THE ORDINANCE IS. amends the Huntington AVAILABLE IN THE- Beach Ordinance Code. CITY CLERK'S OFFICE I by amending Article ADOPTED by the City; 4.2.01(d)(2) of the Council of the City off' Downtown Specific Huntington Beach at a' February 11 , 1.9 9 3 Plan, to make parking regular meeting held; and landscaping stand- IMjnday, February 1,' ards in the Downtown, iy53, by the following Specific Plan conform _ roll call vote: to Article 960 of thel AYES: Councilmem-, Huntington Beach Or• bers: Robitaille, Bauer; dinance Code. Article Moulton-Patterson, 4.2.O 1 (d)(2) Is Winchell, Silva, Sul amended to read as. livan,Leipzig follows: I . NOES: Councilmem- DOWNTOWN SPE bers:None. CIFIC PLAN j ABSENT: Council-' 4.2.01 (d) members:None (2) Any change of CITY OF HUNTING" - use, expansion of use, TON.BEACH, or change in occupant' Connie Brockway,, ' to a use which would City Clerk I declare, under penalty of perjury, that the require additional off Published. Huntington street parking shall Beach-Fountain Valley' In- foregoing is true and correct. provide the additional dependent February 11, required off-street 1993 parking according: to I 022952, the Huntington Beach Executed on F PF b r tla rg > > , 199_(2a IOrdinance Code. at Costa Mesa, Carifomia Signature PROOF OF PUBLICATION Huntington Beach LCP Amendment 3-94 Suggested Modifications Page 3 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 dtdii fJddt ng± 31tg area. 2. 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 the Local Coastal Program Implementing Ordinances. in addition to the other provisions of the Huntington Beach Ordinance Code, except as modified by this Specific Plan. 3... 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 (sde Section 412129 4.2.30): 4. 4.2.13 Parking. All developments (except as provided in Section 412129 4.2.30) 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. 7NE/�dEit/�itKJ��/�i�/�E/�t6tJdEd/6��ittEEf/6t/i4/4/�dbJJE/�4tKJ4� f4EJlJt��/idK�Ett/td/4/fdtdJtfd�il/diE/�6t�ftl Residential : All parking, as required by the Huntington Beach Ordinance Code, shall be provided on—site. 5. 4.2.14 Downtown Parking Master Plan Fifth paragraph, first sentence: The Downtown Parking Master Plan anticipates a total development scenario of approximately 450,000 to 500,000 square feet of commercial activity. Add after fourth paragraph: City owned and controlled public narking in the Downtown Parking Master Plan (DPMP) area shall be consistent with the City's certified land use plan The DAMP is structured to protect beach user parking by providing adequate public .parking within the Downtown area The DPMP encourages the use of the City owned and controlled parking sites within the DPMP area Jo encourage the use of the City owned public parking facilities parking controls such as time Huntington Beach LCP Amendment 3-94 Suggested Modifications Page 4 limits and parking rates may be adjusted to maintain the desired use of these spaces by patrons and employees of the downtown area. A validation program for the City owned public parking structure has been established as an incentive for the use of the structure by the patrons and employees of the downtown area Any changes to the program shall be submitted to the Executive Director to determine if an amendment to the Specific Plan is necessary. Add after fifth paragraph: The Downtown Parking Master Plan annual review and monitoring_ report shall include, at a minimum: 1 ) amount and type of development square foota9e approved during the annual review period• 2) total amount of square footage in the Downtown Parking Master Plan area: 3) an inventory of existing parking spaces: 4) a_parkina utilization study: 5) an assessment of parking demand compared with parking supply: 6) a determination of whether adequate parking remains to serve development allowed up to the total development cap. The Downtown Parking Master Plan annual review and monitoring report shall be submitted to the Executive Director of the'Coastal Commission for review. If the Downtown Parking Master Plan annual review and monitoring report indicates that the parking supply is inadequate to serve the approved level of development or if the development square footage exceeds the amount described above (up to 500.600 square feet total ) all development within the Downtown Parking Master Plan area shall provide parking consistent with Off—Street Parking and Landscaping Artigle of the Huntington Beach Ordinance Code, unless and until new parking to meet the identified demand is approved and constructed. Changes between one or more of the individual use categories may be allowed as long as the total square footage does not exceed 500,000 square feet and there are corresponding changes in the other use categories to assure adequate parking remains. The existing base square footage shall be as described in the do ument approved by the Huntington Beach Planning Commission on July 7. 1993 titled Downtown Huntington Beach Parking Master Plan. Tenth paragraph: 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 developmentKiLK/EfEEdf/tKE/dE�E1d��EKt/E��f/KE�Ed ��dE/EKftf1E�EKf: 6. 4.2.24 Antennas. PlE��E/tdfE//t6/fKE/16KfK�/tKd/SdKdf�f�fdK/0/dfK�dtE! Antennas shall be consistent with the applicable zoning document 7. 4.2.33 Outdoor Dining. (a)(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 and on the Municipal Pier shall provide a minimum ten (10) foot clear passage area or pedestrian access. Huntington Beach LCP Amendment 3-94 Suggested Modifications Page 5 (a)(iv) /�fNf�dfi/fEd/(JOY/f66#/�fdE/�EdE�ttidd/�tJK�d�/tNdll/NE/�t6tidEd �NEN/l6ldfEd/1d/t/�JNf��dtK�/�dNJfE/�ldfd/6t/NEdtN/ttEtl No outdoor dining shall be allowed in-mini-Darks, publicly owned plaza, or beach areas excluding concession carts with no seating. (b) Wt6tl/filWildEt 7NE/Z6NlN�/�d�iNitfttf6t/lNdlJ/E6NtfdEt/tNE/t6ll6�iN�/fdit6tt/tE�ttdiN� tNE/I6Ed#f6N/dNd/fNE/dE�i�N/df/tNE/6dfd66t/dldf6�l (97/tNE/�fd#N/df/fNE/�idE�tlKl . (ii7/7NE/�t6tl�if�/dNd/I6Ettf6N/6f/Ndlldfd�/EN#ttdlEtl tilil/Ctittid�/�N�tfLdl/6N�ttdEfl6N�/lNtlddld��/Ndt/N6f/lfoSf#Ed/td tl�N�6�tf�/lf�Nf/�tENdttd��/�dtKfN�/fiEfEtt�/NENENEt�/�N6NE/N66#Nth dE�ftttddt/dNd/dtII9tIEil lltJ/Ndf6t/tENftIE/tEtitlt�/fN/tNE/dd�dEEdf/t6dd�d�/1NtlddiN�/Ndt/d6# 1i�ltEd/t6/Ndf/�f6�t�/ftdtK/l6tdiN�/t6NEt�/#d#l/#tdNd��/N6fE1/t6NEt� dt/�d�tEd�Et/l6tdlN�l (t1/pEdEsttidd/#tdffit/t6ld�Eil ttiy/NdNdlft��Ed/dEEE��1�9llt�l Necessary Findings In order to approve outdoor dining the Zoning Administrator shall make the following findings: 0) The sidewalk' s public use. pedestrian. transit and business services including but not limited to loading zones bus stops public phones and benches are not restricted (ii) Building entryways are not obstructed (iii ) Pedestrian traffic volumes are not inhibited (iv) Handicapped accessibility is provided where required 8. 4.3 District #1 : Visitor-Serving Commercial 4.3.01 Permitted Uses (a) The following list of Visitor Serving Commercial uses in District No. 1 may be allowed. Other visitor serving related uses as described in the Land Use Plan, and which have the same parking demand as the existing use not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For example: Huntington Beach LCP Amendment 3-94 Suggested Modifications Page 6 From the list of uses: delete Hardware stores. Move Dry Cleaning to section (b) which requires a conditional use permit. 9. 4.5 District #3• Visitor—Serving_Commercial 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 visitor serving related uses as described in the Land Use Plan and which have the same parking demand as the existing use not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For example: 10. 4.6 District #4: Mixed—Use: Office Residential 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;, and from the alley between 3rd and 2nd Streets to the alley between 2nd and Wd First Streets, between Walnut. and Orange Avenues. 11 . 4.7 District #5: Mixed—Use: Commercial/Office/Residential 4.7.01 Permitted Uses (a) Add Public Facilities to list 4.7. Open Space. 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. TKI�/��d�I�IdE/�IIJ/dE/sdb�EEt/f6/tME/Ef�dddtd�/ddtlldEd/I�/tKE/C�tt� tdd1KI6Ikt/0tdIAWdI 12. 4.9 District #7: Visitor—Serving Commercial 4.9.01 Permitted Uses. (a) The following list of Visitor—Serving Commercial uses in District No. 7 may be allowed. Other visitor serving related uses as described in the Land Use Plan and which have the same parking demand as the existing use • not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For example: Huntington Beach LCP Amendment 3-94 Suggested Modifications Page 7 4.9.02 Minimum Parcel Size. No minimum parcel size shall be required for this District. However, prior to the approval of any development, including subdivision. a master site plan for the entire District shall be approved by the Planning Commission. Development which is in conformance with the site plan may then be permitted. 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 public use is provided or if the corridor is deemed unnecessary by the City. Any proposal for an alternative public use must be approved by the Planning Commission. 13. 4.10 District #8: High Density Residential Boundaries. Replace "Lake Street" with "First Street". 14. 4.11 District #9: Commercial/Recreation 4.11 .01 Permitted Uses (a) The following list of commercial recreation uses in District No. 9 may be allowed. Other visitor serving/recreational related uses Ju described in the Land Use Plan. and which have the same parking demand as the existing use 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: 15. 4.12 District #10: Pier-Related Commercial District #10 map must be modified to reflect the boundaries described in. the District #10 text. 4.12.01 Permitted Uses. (a) The following list of pier related commercial uses in District No. 10 may be allowed. Other pier related uses as described in the Land Use Plan. and which have the same parking demand as the existing use 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: End of list: Outdoor dining pursuant to $1412132 S.4.2.33 D - i7 STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH PUBLIC NOTICE LEGAL NOTICE INDEPENDENT, a newspaper of general ORDINANCE NO.3179' circulation, printed and published in the City of "AN ORDINANCE OF ' THE CITY OF f HUNTINGTON BEACH Huntington Beach, County of Orange, State o AMENDING SECTION Carfomia, and that attached Notice is a true and 9602.3 OF THE HUNTINGTON BEACH complete copy as was printed and published in ORDINANCE CODE RELATING TO the Huntington Beach and Fountain Valley RESIDENTIAL USES" SYNOPSIS: issues of said newspaper to wit the issue(s) of: Ordinance No. 3179 amends Section 9602.3 of the Huntington Beach Ordi- nance Code relating ,to Residential Uses-Parking Spaces Required and in the Oldtown and Townlot Districts-Parking Spaces Required. These modifica- tions result because the City Council has adopted certain modifications ap- F e b r u a r y 11 , 1993 proved by Local Coastal Plan Amendment No. 2-91 as they relate to Residen- tial Uses. THE FULL TEXT OF THE ORDINANCE IS .AVAIL- ABLE IN:THE CITY, CLERK'S OFFICE ADOPTED by the City Council of the City of Hun- tington Beach at a regular' meeting held Monday,Feb- ruary 1, 1993, by,the fol- lowing roll call vote: __----- - AYES: Councilmem- _ bers:Robitaille,Bauer, Moulton-Patterson, Winchell, Silva, Sul- . livan,Leipzig I declare, under penalty of perjury, that the NOES: Councilmem- foregoing is true and correLt bers:None ABSENT: Council- members:None CITY OF HUN- Executed on F P h r i n r y 11 199_2Z TINGTON BEACH Connie. Brockway, at Costa sa, California. City Clerk Published Huntington Beach-Fountain Valley In- dependentl'"February 11, 1993., , Signature 022951 PROOF OF PUBLICATION Council/Agency Meeting Held: 4-1 -7— Q lr Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature r 0— Council Meeting Date: 04/17/95 Department ID Number: CD 95-016 REQUEST FOR COUNCIL ACTION &A, &bgg' SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr W PREPARED BY: MELANIE S. FALCON, Community Development Director /jz4v, SUBJECT: RESOLUTION NO. AGREEMENT AND ACCEPTANCE OF COASTAL COMMISSION'S MODIFICATIONS TO LOCAL COASTAL PROGRAM NO. 3-94 (DOWNTOWN SPECIFIC PLAN) . IFStatement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental'Status,Att ent( Statement of Issue: Transmitted for your consideration is Resolution Nolo&K which indicates agreement and acceptance by the City Council of the suggested modifications recommended by the California Coastal Commission (CCC) as part of their approval of Local Coastal Program Amendment (LCPA) No. 3-94. LCPA No. 3-94 included Code Amendment No. 92-5, the revisions to the Downtown Specific Plan "Village Concept"/Parking Master Plan and General Plan Amendment No. 94-1, Negative Declaration No. 94-7 a land use change from residential high density to visitor-serving commercial. Funding Source: Not applicable Recommended Action: Motion to: "Approve Resolution No."Awhich indicates agreement and acceptance of the suggested modifications recommended by the California Coastal Commission of Local Coastal Program Amendment No. 3-94 and forward to the California Coastal Commission". Alternative Action(s): The City Council may take the following alternative action: Do not approve Resolution No. Aff A consequence of this action will void the California Coastal Commission's approval of Local Coastal Program Amendment No. 3-94. � � a5 REQUEST FOR COUNCIL ACTION MEETING DATE: 04/17/95 DEPARTMENT ID NUMBER: CD 95-016 Analysis: On March 9, 1995, the CCC unanimously approved LCPA No. 3-94 with suggested modifications. Section 13544.5 of the Coastal Commission Regulations requires the local government to accept, and agree to modifications recommended by the CCC to the Local Coastal Program. These recommendations must be accepted within six months by resolution and forwarded to the Executive Director of the CCC to certify that the City has complied with the CCC's action. 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 incentives for affordable housing, and creating a shared parking concept for the Downtown core area by implementing the Downtown Parking Master Plan. General Plan Amendment No. 94-1: The entitlement will amend the city's Coastal Element 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. Staff recommends the-City Council accept and agree to the suggested modifications by the CCC because the modifications: 1) will provide internal consistency with the Implementation Plan (DTSP) changes and are consistent with the Chapter Three policies of the Coastal Act; and 2) are necessary to carry out the standards and policies of the certified Land Use Plan (Coastal Element). Environmental Status: Local Coastal Program No. 3-94 is covered by 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. Attachment(s): City Clerk's Page Number 1. Area Maps 2. Resolution No. (Acceptance and Agreement) 3. Ordinance No. (Downtown Specific Plan/CA No. 92-5) 4. Resolution No. (Land Use Amendment/GPA No, 94-1) CD95-016.DOC -2- 03/29/95 9:52 AM RESOLUTION NO. 6685 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH WHICH ACKNOWLEDGES RECEIPT OF THE COASTAL COMMISSION ACTION AND ACCEPTS AND AGREES TO AMEND THE DOWNTOWN SPECIFIC PLAN AND THE COASTAL ELEMENT PURSUANT TO LOCAL COASTAL PROGRAM AMENDMENT NO. 3-94 WHEREAS, the California Coastal Commission has modified Local Coastal Program Amendment No. 3-94 by requiring an amendment to the Downtown Specific Plan and the Coastal Element Land Use Plan at the March 9, 1995 Coastal Commission hearing; and Section 13537 of the California Code of Regulations requires the local government to accept and agree to the modification by resolution within six months, or the Certification will expire; and Upon the City Council action staff will forward Resolution No.6 6 8 5 for final Coastal Commission certification; NOW, THEREFORE, BE IT RESOLVED that Huntington Beach City Council does accept and agrees to the Coastal Commission's suggested modifications to Local Coastal Program Amendment No. 3-94 by amending the Downtown Specific Plan and the Coastal Element Land Use Plan as suggested by the Coastal Commission in the letter dated March 16, 1995, attached hereto as Exhibit"A" and incorporated by this referenced as though fully set forth herein. Said suggested modifications shall become effective 30 days after the adoption of Ordinance No. 3 2 g 0 ' or upon final Coastal Commission certification, whichever occurs latest. 1 4\s\Dntn323\4/10/95 RLS 95-147 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17thday of April , 1995. r Q Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: J> m- C1ty Administrator Director of Community Development 2 4\s\Dntn323\4/10/95 RLS 95-147 STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Govemo► CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA i 245 W. BROADWAY, STE. 380 P.O. BOX 1450 LONG BEACH, CA 90802-4416 (310) 590.5071 March 16, 1995 2 p 1995 Howard Zelefsky Planning Director Department of Community Development 2000 Main Street Huntington Beach, CA 92648 Re: Huntington Beach Local Coastal Program Amendment No. 3-94 Dear Mr. Zelefsky, You are hereby notified that Huntington Beach Local Coastal Program Amendment No. 3-94 was approved with suggested modifications by the California Coastal Commission at their March 9, 1995 public hearing in San Diego. The LCP amendment will not be fully effective until the Commission's suggested modifications are adopted by the City Council , and the Executive Director certifies to the Commission that the City has complied with the Commission's action. Certification of the Huntington Beach Local Coastal Program Amendment No. 3-94 is subject to the attached modifications. Pursuant to Section 13537 of the California Code of Regulations, the Commission's certification with suggested modifications will expire six months from the date of Commission action if not adopted by the local government. Thank you and your staff for your efforts and cooperation with this project. Please call Meg Vaughn at the above number if your have any questions regarding this matter. Sincerely, Teresa Henry Assistant District Director cc: Herb Fauland enc. 4007F STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION - SOUTH COAST AREA s s 245 W. BROADWAY, STE. 380 HUNTINGTON BEACH LCP AMENDMENT 3-94 P.O. BOX 1450 I)OWNTOWN SPECIFIC PLAN LONG BEACH, CA M02-"16 (310) 590.5071 SUGGESTED MODIFICATIONS Certification of the Land Use Plan Amendment is subject to the following modifications: (deletions indicated by strike-out, additions indicated by underscoring) 1-. Figure 9.6 Land Use acreage Summary Goldenwest Street to Beach Boulevard shall be corrected as necessary to reflect accurate acreages and shall correspond to the correct acreages depicted on Figure 9.8. 2. Figure 9.8, Coastal Land Use Plan, •Goldenwest to Beach Boulevard shall be corrected to reflect the correct number of acres in each district and shall correspond to the correct acreages summarized on Figure 9.6. 3. Page 122, Goldenwest to Sixth Street, second to last paragraph: As ameans of discouraging undesirable strip commercial development along Pacific Coast Highway, the coastal land use plan designates the majority of the area as residential with three nodes for visitor-serving commercial development -- two half blocks between Goldenwest and Twenty-first Streets, two half blocks between Eighteenth and Sixteenth Streets, and dr(E/K�Jf/1616tK/�Et►6Efrf/Mlr(til/trfd/Ci�MtK/St/�Et� three half blocks between Ninth Street and Sixth Street. 4. Page 122, last paragraph, first two sentences: The remaining area along Pacific Coast Highway has been designated .AEdfdai high density residential with height limit of three stories. Within this area, a base density of 15 units per acre is assumed, with increases up to a maximum of 35 3Q units per acre on a fully consolidated block. 5. Page 124, Sixth Street to Lake Street, title: Lake Street should be changed to First Street. 6. Page 124, fifth paragraph: A .ifilifdtj maximum four story height limit has been applied to the entire Sixth to Ukd First Street area as a means of encouraging the provision of amenities and recycling of existing uses, as well as allowing the possibility for vertical mixed uses within individual developments and providing opportunity for ocean views. 7. Page 126, second paragraph: Modify to reflect decrease in area covered by the Mobile Home overlay, consistent with proposed Figure 9.2, Land Use Plan Overlay, Existing Mobile Home Parks. Huntington Beach LCP Amendment 3-94 Suggested Modifications Page 2 @. Page 130a, last paragraph: The Municipal Pier and adjoining restaurant are designated as Mixed Development in the existing General Plan. The Pier functions primarily as a visitor-serving facility and provides a focal point for the Downtown/Main Street corridor; thus, the Pier and adjoining restaurant have been redesignated Visitor-Serving Commercial . 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 e unique recreational or educational opportunities it affords. At the same time care must be exercised to insure that the major portion of the Kier will remain accessible to the public at no charge, for strolling. fishing or observation.. New buildings on the pier shall not exceed 2%/fddf/fry/K6IJKf one story and 25 feet. excluding the end of pier Lfg. Public access shall be required around the entire perimeter of the pier. Certification of the Implementation Plan amendment is subject to the following modifications.• (deletions indicated by strike-out, additions indicated by underscoring) Changes to the Downtown Specific Plan 1 . 4.0.04 Definitions: Development: tNE/df�lf#fdd/6f/7tNd�/dt/fNE/E6r{tttdEtf6r��/tEE6rS�ftdttfdN( EdrS�lEtff6r��/tttdEtdtE/�JtEtatf6�f(ltEldEatfdri/dt/EN7�t�Ed�Er�t/6f/tN,� ftti M idl on land. in or under water. the placement or erection of any solid material or structure: discharge or disposal of any dredged material or of any gaseous liquid solid or thermal waste• grading removing dredging mining. or extraction of any materials: change in the density or intensity of use of land including but not limited to subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the .Government Code) and any other division -of land. including lot splits except where the land division is brought about in connection with the purchase of such land by a public a9ency for public recreational use: change in the intensity of use of ester. or of access thereto: construction reconstruction demolition or alteration of the size of any structure_ including any facility of any private, public. or municipal utility* and the removal or harvesting of major vegetation other than for agricultural purposes kelp harvesting and timber Q�erations which are in accordance with a timber harvesting plan submitted pursuant to the pro isions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511) Demolition: The deliberate removal or destruction of the frame or foundation of any portion of a building or structure fbt/fNf/�ddt�6d�E/df/�6tE�d�tfrl�/fNE tf t�/fdtlrSEr6/EdrftttdttidrS/bt/6tNdt/d�E. Huntington Beach LCP Amendment 3-94 Suggested Modifications Page 8 16. 4.16 Mobile Home District Purpose. Provide the correct acreage figure for the area within the Specific Plan subject to the Mobile Home overlay. Also change the description of which. Districts include the Mobile Home overlay. 4005F Res. No. 6685 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 of April, 1995 the following vote: AYES: Councilmembers: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: Councilmembers: None ABSENT: Councilmembers: None City Clerk and ex-officio C erk of the City Council of the City of Huntington Beach, California G/kw/resbkpg DOO zv Lil La 0 00 D ouuu .:��! � Kam';•,,. lF :� .08 - PACIFIC - \ '' OCEAN ♦ \ 8 -- •ems CODE AMENDMENT # 92 -5 1 � ! DOWNTOWN SPECIFIC PLAN 1 . a^d Irr. ..,. ,��,/ / 19A1.ORI►UK Ago. 0 AIA;Onl1UIR ' / I / UPLJA fA. .i• ,' •� GRAl1AM � srRlncDAu ir ' - LD WAADS 1 ' 1 1 /� l GOWER WLfr GOTUA RD r BEACH BLVD. I I ' ntwl,vtu MAGROL1A 1 2 P I suauAND IROOKJIURsr . ' 1 � I WAND �d F . n ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY HUNTINGTON BEACH AMENDING THE DOWNTOWN SPECIFIC PLAN TO INCORPORATE CHANGES SUGGESTED BY BY THE CALIFORNIA COASTAL COMMISSION WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings 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 adopted Ordinance No. 3239, which approved Code Amendment No. 92-5, and amended the Downtown Specific Plan; and The amended Downtown Specific Plan was forwarded to the California Coastal Commission for consideration; and The California Coastal Commission approved Code Amendment No. 92-5 with suggested modifications, and the City Council desires to accept and approve said modifications, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 4.0.04 of the Downtown Specific Plan, entitled Definitions, is hereby amended to read as follows: 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. 1 " ccdraftl.doc 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 building/structure. Director: The Director of the Department of Community Development. Development: On land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of the use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). Demolition: The deliberate removal or destruction of the frame or foundation of any portion of a building or structure. 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 net site area; for example, if a 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 net site area(2 X 5,000). Fronting: Any lot or portion of a lot which abuts an arterial shall be considered to front on that arterial and shall comply with the required front yard setbacks, whether or not the development on that lot actually takes access from the arterial. 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, 2 ccaratti.aoc 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_ig�: 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 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-wax; 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. 3 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. SECTION 2. Section 4.1.03 of the Downtown Specfic Plan, entitled Coastal Permit, is hereby amended to read as follows: 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 the Local Coastal Program Implementing Ordinances, in addition to the other provisions of the Huntington Beach Ordinance Code, except as modified by this Specific Plan. 4 ccdraftl.aoc SECTION 3. Section 4.2.02 of the Downtown Specific Plan, entitled Minimum Parcel Size, is hereby amended to read as follows: 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 4.2.30): Minimum Floor Unit Tyne Area Sq. Ft.) Bachelor and single 450 One (1) bedroom 650 Two (2) bedrooms 900 Three (3) bedrooms 1100 Four (4)bedrooms 1300 SECTION 4. Section 4.2.13 of the Downtown Specific Plan, entitled Parking, is hereby amended to read as follows: 4.2.13 Parking. All developments (except as provided in Section 4.2.30) 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. Residential: All parking, as required by the Huntington Beach Ordinance Code, shall be provided on-site. 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. 5 ccdraftl.aoc (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 in-lieu parking fee program shall submit a conditional use permit application for review and approval. SECTION 5. Section 4.2.14 of the Downtown Specific Plan, entitled Downtown Parking Master Plan, is hereby amended to read as follows: 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 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. City owned and controlled public parking in the Downtown Parking Master Plan (DPMP) area shall be consistent with the City's certified land use plan. The DPMP is structured to protect beach user parking by providing adequate public parking within the Downtown area. The DPMP encourages the use of the City owned and controlled parking sites within the DPMP area. To encourage the use of the City owned public parking facilities, parking controls such as time limits, and parking rates may be adjusted to maintain the desired use of these spaces by patrons and employees of the downtown area. A validation program for the City owned public parking structure has been established as an incentive for the use of the structure by the patrons and employees of the downtown area. Any changes to the program shall be submitted to the Executive Director to determine if an amendment to the Specific Plan is necessary. 6 The Downtown Parking 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 Downtown Parking Master Plan annual review and monitoring report shall include, at a minimum: 1) amount and type of development square footage approved during the annual review period; 2) total amount of square footage in the Downtown Parking Master Plan area; 3) an inventory of existing parking spaces; 4) a parking utilization study; 5) an assessment of parking demand compared with parking supply; 6) a determination of whether adequate parking remains to serve development allowed up to the total development cap. The Downtown Parking Master Plan annual review and monitoring report shall be submitted to the Executive Director of the Coastal Commission for review. If the Downtown Parking Master Plan annual review and monitoring report indicates that the parking supply is inadequate to serve the approved level of development or if the development square footage exceeds the amount described above (up to 500,000 square feet total) all development within the Downtown Parking Master Plan area shall provide parking consistent with Off-Street Parking and Loading Provisions of the Huntington Beach Ordinance Code, unless and until new parking to meet the identified demand is approved and constructed. Changes between one or more of the individual use categories may be allowed as long as the total square footage does not exceed 500,000 square feet and there are corresponding changes in the other use categories to assure adequate parking remains. The exisiting base square footage shall be as described in the document approved by the Huntington Beach Planning Commission on July 7, 1993 titled Downtown Huntington Beach Parking Master Plan. 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 7 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 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: 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. SECTION 6. Section 4.2.24 of the Downtown Specific Plan, entitled Antennas, is hereby amended to read as follows: 8 marafti.aoc 4.2.24 Antennas. Antennas shall be consistent with the applicable zoning document. SECTION 7. Section 4.2.33 of the Downtown Specific Plan, entitled Outdoor Dining, is hereby amended to read as follows: 4.2.33 Outdoor dlnins: 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 and on the Municipal Pier 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) No outdoor dining shall be allowed in mini-parks, publicly owned plaza, or beach areas excluding concession carts with no seating. (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. (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) Necessary Findings In order to approve outdoor dining the Zoning Administrator shall make the following findings: 9 (i) The sidewalk's public use, pedestrian, transit and business services including but not limited to loading zones, bus stops, public phones, and benches, are not restricted. (ii) Building entryways are not obstructed. (iii) Pedestrian traffic volumes are not inhibited. (iv) Handicapped accessibility is provided where required. (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. (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. 10 mdraxi.ao 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. SECTION 8. Section 4.3.01 of the Downtown Specific Plan, entitled Permitted Uses, is hereby amended to read as follows: 4.3.01 Permitted Uses. (a) The following list of Visitor-Serving Commercial uses in District No. 1 may be allowed. Other visitor serving related uses as described in the Land Use Plan, and which have the same parking demand as the existing use not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. 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 Florists Grocery (convenience) � 11 ccdraftl.doc 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: Dancing and/or live entertainment Dry Cleaning 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: 12 marati.aa SECTION 9. Section 4.5.01 of the Downtown Specific Plan, entitled Permitted Uses, is hereby amended to read as follows: 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 visitor serving related uses as described in the Land Use Plan, and which may have the same parking demand as the existing use not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. 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 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. 13 ccarati.aa (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. SECTION 10. Section 4.6 of the Downtown Specific Plan, entitled District#4: Mixed- Use; Office Residential, is hereby amended to read as follows: 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 First Streets, between Walnut and Orange Avenues. 14 ccdraftl.doc SECTION 11. Section 4.7.01 of the Downtown Specific Plan, entitled Permitted Uses, is hereby amended to read as follows: 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 Public facilities Shoe repair Shoe stores 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 15 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; Be provided with separate pedestrian ingress and egress; Be provided with secured, designated parking. SECTION 12. Section 4.7.10 of the Downtown Specific Plan, entitled Open Space, is hereby amended to read as follows: 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. 16 cearaftI.ao - 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. SECTION 13. Section 4.9.01 of the Downtown Specific Plan, entitled Permitted Uses, is hereby amended to read as follows: 4.9.01 Permitted'Uses. (a) The following list of Visitor-Serving Commercial uses in District No. 7 may be allowed. Other visitor serving related uses as described in the Land Use Plan, and which have the same parking demand as the existing use not specified herein may be allowed subject to.the approval of the Director. Change of use shall be subject to the approval of the Director. 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 17 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 stfeet 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 Hotels and motels Liquor stores Permanent parking lots and parking structures Restaurants Taverns Theaters SECTION 14. Section 4.9.02 of the Downtown Specific Plan, entitled Minimum Parcel Size, is hereby amended to read as follows: 4.9.02 Minimum Parcel Size. No minimum parcel size shall be required for this District. However, prior to the approval of any development, including subdivision, a master site plan for the entire District shall be approved by the Planning Commission. Development which is in conformance with the site plan may then be permitted. SECTION 15. Section 4.9.11 of the Downtown Specific Plan, entitled Corridor Dedication, is hereby amended to read as follows: 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 public use is provided or if the corridor is deemed unnecessary by the City. Any proposal for an alternative public use must be approved by the Planning Commission. 18 wdra8l.aoc SECTION l b. Section 4.10 of the Downtown Specific Plan, entitled District # 8: High Density Residential, is hereby amended to read as follows: 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 First Street. The second-includes the area north of the proposed Walnut Avenue extension between Huntington Street and Beach Boulevard. SECTION 17. Section 4.11.01 of the Downtown Specific Plan, entitled Permitted Uses, is hereby amended to read as follows: 4.11.01 Permitted Uses. (a) The following list of commercial recreation uses in District No. 9 may be allowed. Other visitor serving/recreational related uses as described in the Land Use Plan, and which have the same parking demand as the existing use 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 SECTION 18. Section 4.12.01 of the Downtown Specific Plan, entitled Permitted Uses, is hereby amended to read as follows: 4.12.01 Permitted Uses. (a) The following list of pier related commercial uses in District No. 10 may be allowed. Other pier related uses as described in the Land Use Plan, and which have the same parking demand as the existing use not specified herein may be 19 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.4.2.33 (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. SECTION 19. Section 4.16 of the Downtown Specific Plan, entitled Mobil Home District, is hereby amended to read as follows: 4.16 MOBILE HOME DISTRICT Purpose. The Downtown Specific Plan includes approximately 6.6 acres with a Mobilehome District (MH).designation. The-purpose of the Mobilehome District is to permit present mobilehome park uses to continue. The mobilehome area falls within District Nine of the Downtown Specific Plan. Boundaries. The Mobilehome District encompasses a part District 9. The following describes the real property: THAT PORTION OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, 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; THE BASIS OF BEARING OF THE FOLLOWING DESCRIPTION IS THE CENTERLINE OF LAKE STREET NORTH 40038'10" EAST AS SHOWN ON RECORD OF SURVEY 87-1049 FILED IN BOOK 117, PAGES 21 & 22 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE SOUTH 88°42'52" WEST 20 ccdraffl.a. 111.91 FEET; THENCE SOUTH 2°29'35" WEST 593.12 FEET; THENCE SOUTH 24°32'06" WEST 386.94 FEET; THENCE SOUTH 12°44'44" EAST 117.71 FEET TO A POINT IN THE SOUTHERLY LINE OF FUTURE WALNUT AVENUE PER PRECISE PLAN OF STREET ALIGNMENT 88-1, ORDINANCE NO. 2961, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 12°44'44" EAST 653.77 FEET; THENCE SOUTH 78°59'52" WEST 82.75 FEET; THENCE NORTH 53°00'08" WEST 835.00 FEET; THENCE NORTH 36059'52" EAST 300.00 FEET; THENCE NORTH 51°08'21" WEST 125.77 FEET TO.A POINT IN SAID SOUTHERLY LINE OF FUTURE WALNUT AVENUE, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1245.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 30°31'l7" WEST; THENCE EASTERLY ALONG SAID CURVE AND SAID SOUTHERLY LINE OF FUTURE WALNUT AVENUE 552.05 FEET THROUGH A CENTRAL ANGLE OF 25024'20" TO THE TRUE POINT OF BEGINNING. THE AREA OF THE HEREIN DESCRIBED LAND IS 6.635 ACRES, MORE OR LESS. Regulations. The regulations of the Downtown Specific Plan will serve as overlays for the portion of District 9 which retains the(MH) zone, until such time that the. Mobilehome District designation is removed. All areas retaining the(MH) zone shall be subject to the provisions of the Mobilehome District of the Huntington Beach Ordinance Code. In addition, these areas are subject to the provisions of the Mobilehome Overlay Zones/Removal/Rezoning/Change of Use Article of the Huntington Beach Ordinance Code. SECTION 20. The District 10 map is hereby revised to reflect the changes made herein, as depicted on the new District 10 map attached hereto as Exhibit"A' and incorporated by this reference as though fully set forth herein. SECTION 21. The District 11 map is hereby revised to reflect the changes made herein, as depicted on the new District 11 map attached hereto as Exhibit "B" and incorporated by this reference as though fully set forth herein. 21 SECTION 22. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1995. Mayor ATTEST: APPROVED AS TO FORM: City Clerk C' UX y torney �r 9s L4 Iy145�' REVIEWED AND APPROVED: INITIATED AND APPROVED: r lty Administrator Director of Community Development 22 ccdraftl.doc LEGISLATIVE DRAFT SHOWING COASTAL COMMISSION CHANGES SECTION 1. Section 4.0.04 of the Downtown Specific Plan, entitled definitions, is hereby amended to read as follows: 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 building/structure. Director: The Director of the Department of Community Development. Development: The divisien ..f land ^.the e stfu.tier r-eeenstsle-tilm ,.,..ver-sie~, On land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining, or extraction of any materials• change in the density or intensity of the use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any p rivate, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan 1 ccdraft Ldoc submitted pursuant to the provisions of the Z'bergg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). Demolition: The deliberate removal or destruction of the frame or foundation of any portion of a building or structure eenstnaetien er ether-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 guess-Aeer net site area; for example, if a 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 gressrlee net site area (2 X 5,000). Fronting: Any lot or portion of a lot which abuts an arterial shall be considered to front on that arterial and shall comply with the required front yard setbacks, whether or not the development on that lot actually takes access from the.arterial. 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. Height: 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, 2 ccdraftl.aoo 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 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. 3 ccaratti.aoc 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. SECTION 2. Section 4.1.03 of the Downtown Specfic Plan, entitled Coastal Permit, is hereby amended to read as follows: 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 the Local Coastal Program implementing Ordinances, in addition to the other provisions of the Huntington Beach Ordinance Code, except as modified by this Specific Plan. SECTION 3. Section 4.2.02 of the Downtown Specific Plan,entitled Minimum Parcel Size, is hereby amended to read as follows: 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 4.2.30-29): Minimum Floor Unit Type Area (Sq_Ft.) Bachelor and single 450 One (1) bedroom 650 Two (2) bedrooms 900 Three (3) bedrooms 1100 Four (4) bedrooms 1300 SECTION 4. Section 4.2.13 of the Downtown Specific Plan, entitled Parking, is hereby amended to read as follows: 4.2.13 Parkinc. All developments (except as provided in Section 4.2.30 2-9) 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. 4 Exception: Affordable housing projects may reduce the required on-site guest parking. The guest par-king may be pfevided en street er-in a publie pafking Residential: All parking, as required by the Huntington Beach Ordinance Code, shaIl be provided on-site. 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 in-lieu parking fee program shall submit a conditional use permit application for review and approval. SECTION 5. Section 4.2:14 of the Downtown Specific Plan, entitled Downtown Parking Master Plan, is hereby amended to read as follows: 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 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). 5 ccarattl.ao 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. City owned and controlled public parking in the Downtown Parkin Master Plan (DPMP) area shall be consistent with the City's certified land use plan. The DPMP is structured to j)rotect beach user parking by providing adequate public parking within the Downtown area. The D`PMP encourages the use of the City owned and controlled parking sites within the DPMP area. To encourage the use of the City owned public parking facilities .parking controls such as time limits and parking rates may be adjusted to maintain the desired use of these spaces by patrons and employees of the downtown area. A validation program for the City owned public parking structure has been established as an incentive for the use of the structure by the patrons and employees of the downtown area. Any changes to the program shall be submitted to the Executive Director to determine if an amendment to the Specific Plan is necessary. The Downtown Parking 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 Downtown Parking Master Plan annual review and monitoring report shall include, at a minimum: 1) amount and type of development square footage approved during the annual review period; 2 total amount of square footage in the Downtown Parking Master Plan area; 3) an inventory of existing parking spaces; 4) a parking utilization study; 5) an assessment of parking demand compared with parking supply; 6) a determination of whether adequate parking remains to serve development allowed up to the total development cap. The Downtown Parking Master Plan annual review and monitoring report shall be submitted to the Executive Director of the Coastal Commission for review. If the Downtown Parking Master Plan annual review and monitoring report indicates that the parking supply is inadequate to serve the approved level of development or if the development square footage 6 exceeds the amount described above (up to 500 000 square feet total) all development within the Downtown Parking Master Plan area shall provide parking consistent with Off-Street Parking and Loading Provisions of the Huntington Beach Ordinance Code, unless and until new parking to meet the identified demand is approved and constructed. Changes between one or more of the individual use categories may be allowed as long as the total.square footage does not exceed 500,000 square feet and there are corresponding changes in the other use categories to assure adequate parking remains. The exisiting base square footage shall be as described in the document approved by the Huntington Beach Planning Commission on July 7, 1993 titled Downtown Huntington Beach Parking Master Plan. 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 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: whieh emeeeds the develepment eaps based upen enfiflementi 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. SECTION 6. Section 4.2.24 of the Downtown Specific Plan, entitled Antennas, is hereby amended to read as follows: _ 4.2.24 Antennas. Please orer to *h- Ze -and Rbui bdiyisien ^..a:., . Antennas shall be consistent with the applicable zoning document. SECTION 7. Section 4.2.33 of the Downtown Specific Plan,entitled Outdoor Dining, is hereby amended to read as follows: 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. 8 mdrafti.aoc (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 and on the Municipal Pier 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) No outdoor dining shall be allowed in mini-parks, publicly owned plaza, or beach areas excluding concession carts with no seating. A minimufn ten (1 n) That wide pedestrian . .,lv,. ay shall b (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. (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) Necessary Findings In order to approve outdoor dining the Zoning Administrator shall make the following findings. (i) The sidewalk's public use, pedestrian, transit and business services including but not limited to loading zones, bus stops, public phones, and benches, are not restricted. (ii) Building entryways are not obstructed. (iii) Pedestrian traffic volumes are not inhibited. (iv) Handicapped accessibility is provided where required. The Zoning A dfninistrateF shall eensider the f ll.,. ing f eter-r regarding the- (ii) The p,e .zmr,ty and 1 t' ef'buildi t CC The 0, TPGQ CiO„ A7TITLIZTGe.T, (iii) Existing physieal obstpaetiens ineluding, but not limited to signposts, light ccaraftl.ao bus steps, tf:uek leading zenes, tay� stands, hetel zenes, er-passenger-leadift,—, (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. (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 wk - _ 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 10 ccdraftl.aoc 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. SECTION 8. Section 4.3.01 of the Downtown Specific Plan, entitled Permitted Uses, is hereby amended to read as follows: 4.3.01 Permitted Uses. (a) The following list of Visitor-Serving Commercial uses in District No. 1 may be allowed. Other visitor serving related uses as described in the Land Use Plan, and which have the same parking demand as the existing use not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. 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 Cl Florists. Grocery (convenience) Hardware steres 11 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: Dancing and/or live entertainment Dry Cleaning 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. SECTION 9. Section 4.5.01 of the Downtown Specific Plan, entitled Permitted Uses, is hereby amended to read as follows: 4.5.01 Permitted Uses. 12 (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 visitor serving related uses as described in the Land Use Plan, and which may have the same parking demand as the existing use not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the.approval of the Director. 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 41 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 Hotel and licensed bed and breakfast designed as a commercial establishment Liquor stores Permanent Parking lots and parking structures E } -::. 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. 13 ccdrafti.doc (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. M 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. SECTION 10. Section 4.6 of the Downtown Specific Plan, entitled District #4: Mixed-Use; Office Residential, is hereby amended to read as follows: 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 First Lake Streets, between Walnut and Orange Avenues. SECTION 11. Section 4.7.01 of the Downtown Specific Plan, entitled Permitted Uses, is hereby amended to read as follows: 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: 14 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 Drugstores 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 Public facilities Shoe repair Shoe stores 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: 15 ccdraftl.doc (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; Be provided with separate pedestrian ingress and egress; Be provided with secured, designated parking. SECTION 12. Section 4.7.10 of the Downtown Specific Plan, entitled Open Space, is hereby amended to read as follows: 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. 16 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. SECTION 13. Section 4.9.01 of the Downtown Specific Plan, entitled Permitted Uses, is hereby amended to read as follows: 4.9.01 Permitted Uses. (a) The following list of Visitor-Serving Commercial uses in District No. 7 may be allowed. Other visitor serving related uses as described in the Land Use Plan, and which have the same parking demand as the existing use not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval-of the Director. 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 17 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 - • Hotels and motels • Liquor stores • Permanent parking lots and parking structures Restaurants Taverns Theaters SECTION 14. Section 4.9.02 of the Downtown Specific Plan, entitled Minimum Parcel Size, is hereby amended to read as follows: 4.9.02 Minimum Parcel Size. No minimum parcel size shall be required for this District. However, prior to the approval of any development, including subdivision, a master site plan for the entire District shall be approved by the Planning Commission. Development which is in conformance with the site plan may then be permitted. SECTION 15. Section 4.9.11 of the Downtown Specific Plan, entitled Corridor Dedication, is hereby amended to read as follows: 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 public use is provided or if the corridor is deemed unnecessary by the City. Any proposal for an alternative public use must be approved by the Planning Commission. SECTION 16. Section 4.10 of the Downtown Specific Plan, entitled District # 8: High Density Residential, is hereby amended to read as follows: 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. 18 ecarafti.aoc 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 First L-ake Street. The second includes the area north of the proposed Walnut Avenue extension between Huntington Street and Beach Boulevard. SECTION 17. Section 4.11.01 of the Downtown Specific Plan, entitled Permitted Uses, is hereby amended to read as follows: 4.11.01 Permitted Uses. (a) The following list of commercial recreation uses in District No. 9 may be allowed. Other visitor serving/recreational related uses as described in the Land Use Plan, and which have the same parking demand as the existing use 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 SECTION 18. Section 4.12.01 of the Downtown Specific Plan, entitled Permitted Uses, is hereby amended to read as follows: 4.12.01 Permitted Uses. (a) The following list of pier related commercial uses in District No. 10 ma yy be allowed. Other pier related uses as described in the Land Use Ylan, and which have the same parking demand as the existing use 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.4.2.33 32 19 ccdraftl.doc (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. SECTION 19. Section 4.16 of the Downtown Specific Plan, entitled Mobil Home District, is hereby amended to read as follows: 4.16 MOBILE HOME DISTRICT Purpose. The Downtown Specific Plan includes approximately 6.6 -24 acres with a Mobilehome District (MH) designation. The purpose of the Mobilehome District is to permit present mobilehome park uses to continue. The Thes mobilehome area areas €a11 falls within Distfiets Seven, Eight a District Nine of the Downtown Specific Plan. Boundaries. The Mobilehome District encompasses a part pates of Distr-lets '' Q and District 9. The following describes the real property: in twe see+",.,^. THAT PORTION OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, 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; THE BASIS OF BEARING OF THE FOLLOWING DESCRIPTION IS THE CENTERLINE OF LAKE STREET NORTH 40038'10" EAST AS SHOWN ON RECORD OF SURVEY 87-1049 FILED IN BOOK 117, PAGES 21 & 22 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE SOUTH 88042'52" WEST 111.91 FEET; THENCE SOUTH 2029'35" WEST 593.12 FEET; THENCE SOUTH 24°32'06" WEST 386.94 FEET; THENCE SOUTH 12044'44" EAST 117.71 FEET TO A POINT IN THE SOUTHERLY LINE OF FUTURE WALNUT AVENUE PER PRECISE 20 ccdraftldoc . PLAN OF STREET ALIGNMENT 88-1, ORDINANCE NO. 2961, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 12044'44" EAST 653.77 FEET; THENCE SOUTH 78°59'52" WEST 82.75 FEET; THENCE NORTH 53°00'08" WEST 835.00 FEET; THENCE NORTH 36059'52" EAST 300.00 FEET; THENCE NORTH 51008'21" WEST 125.77 FEET TO A POINT IN SAID SOUTHERLY LINE OF FUTURE . WALNUT AVENUE, SAID POINT BEING THE BEGINNING OF A NON- TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1245.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 30031'17" WEST; THENCE EASTERLY ALONG SAID CURVE AND SAID SOUTHERLY LINE OF FUTURE WALNUT AVENUE 552.05 FEET THROUGH A CENTRAL ANGLE OF 25024'20" TO THE TRUE POINT OF BEGINNING. THE AREA OF THE HEREIN DESCRIBED LAND IS 6.635 ACRES, MORE OR LESS. Highway betyoee:ii 1=14i-ting4en and Lake Stfeeet. That peitie „f ff alretiAen,1 ceetien 14 Tewfishi« !. C.,,,tl� D�«..e 11 1;lent in the D„«ehe Las Uelsas� l.City of Hunt:«e+e« Beae o e page 14 v > as > fellow''^^____.. s- being parallel with and 37.50 feet seu eas red 14 7 feet right angles ftem th ,fiefthwester-ly line ef Bleek 101 with the nerth right ef way line ef Paeifie Ceast 1:7:..1,wa, (f r-fne,-1., Oeea« Avenue), .,alse being the utheaste.1 e„tensien efthe > all as shewn en a map ef Hantingtefl B eaeh, o , " Lake Street te the eenst tien repenterline ef Paeifie Ceast Highway; thenee aleng said 4838482 west 53.00 feet aleng4he eentef:line ef Lake Street to the eenstpdetien e6ater-line ef Paeifie Ceast Highway; thenee aleng-said eenstfuetien eenter-line the-€el}e g,seut'�'nz"east 98.26 feet t6 eur-ve eeneave te the neftheast having a radius ef 1200 feet; thenee seutheastefly aleng said eupve thfeugh a centralangle of 4055'28" an-are istanee-ef 10314eetthenee seuth 33°1"1 1ea-10826 feet te-a euFve eeneave to the-nofkeaa having-ar-adius-ef 3328.60 feet; thenee southeaster4y aleng said euFve thfeugh a eentr-a4 angle ef o , „ e .l:..tanee e f 7'7 '72 feet;• thenee .. „tl. 54'37'28" east Ann nn feet;• tL.e«..., lee..:«.. 411-CL�i11 JL-uliVv Vl�T-:7 LZ i1n said eensstnretien-eentefrne-nef4h-33°'�" east 52.00 feet te beginning; thenee seuth o , n east 427.26 feet; thenee seuth o , ' o , n east 290.61 feet aleng said extensien and said westerly line; thenee nefth 54$5'09" west 520.00-feet; thenee seut 554''5 " west 120feet; thenee seuten 57 32'3 west3 85 feet; thenee ne ''°^5.- P^wet ''�0eet thenee nei4h 12'05''09" west 120.00 feet;et• thenee f4 35'54'5 1" east 130.00 feet; thenee .-tl. 54o�05'09" west 170.00 feet; thenee . th 35'54'51" t on nn feet; thenee .th 89005'09" west 70.00 feet; thenee euth 08°34-des 1'�-feet;; thenee seat o , „ east 83.83 feet; thenee seuth o , " beginning Sec4ien T., .,tel. 14 1 t .1 « the t •,1 e� ....b.....••.ij. ...... .Two :.i uYt„ ...,.,u.vay a v uazt.Traz Jrc:�zvcuran vaazaiar�r�.Jti Jiati yr Be.,a1, ne.,1eyar-d-nert e PaE1 C e-A.st Highway. Beginning at the seutheasteernei—e 21 -ccdraftl.doc 89043100, >;Je t i 1�] font �lnne thrinr.+l, line eF♦l,e „Fl, half F+1,e ., �1, * F '.7 ---•'- feet leng he nef--- lie�e -- he south hal e t-' 11 west 593.12...,,......ast .1. after � .-».6 feet; thenee seuth p 1 11 west 396.94 O 1 11 80'00'00" west 82.75-Y et;thence nerrc 52'00'nn11 t 835.00 F m; thenee rth 38pnn�n east 300.00feet; thenee-nerth 5$'08'13n VGSt 173.58 feet; t'h ITGG-fef4h 43 00'00" east 84.85 feet te-pe "(te be useda r�er-eneeieF the eneeptin p ef:fien-e€this-des er-iptien);-thence-new-43°177 5 5"wet 714.49 feet; thene_ due 40.00 feet; thenee-seuth 49243'49" west ,�.zeet; thenee nef4h7-4228'33 wee 186.82 feet; thenee neFth 51245'5$=�r�420 420.51 feet; �I nh 001T �11 . cn �6 , zv:-�-rGGr� Gc-nvrm-v�v—Gusi��-ry feet to the ei4 1: of the th half eFFhe nerth rte F id t' th .. .. .. .. ....: ... .. . .�. .,... ,ay.z-rezc$c�uzcrccr�iciu�eecivia�czic-nGz 0 1 �n east 1,844.00 feet aleng said nef4h line te4he tFue peint ef beginfiing, Emeepting ther-efir-em.the feller • be n a D nt "A", e nef4h 4 conn'nnn "'b• T�"IIa t��iervnn.�� en8 ��-vv-vv- east 190.00 feet*e�he�e��i�-e` „; thcicc ioFtnh 43- 755-" west 550.00 Fc GF r; 0 1 " 0 1 u feet;west 254.03 0 1 n o 1 n west 170.00 feet te Regulations. The regulations of the Downtown Specific Plan will serve as overlays for Eight and Nine whieh ' the portion of Dist rict 9 which retains the�(MH) zone, until such time that the Mobilehome District designation is removed. All areas retaining the (MH) zone shall be subject to the provisions of the Mobilehome District of the Huntington Beach Ordinance Code. In addition, these areas are subject to the provisions of the Mobilehome Overlay Zones/Removal/Rezoning/Change of Use Article of the Huntington Beach Ordinance Code. SECTION 20. This section makes no textual changes, but merely adopts a new map for District 10. SECTION 21. This section makes no textual changes, but merely adopts a new map for District 11. 22 ccdraftl.aoc CL- Di fiOWE f� Hui i" n ni U,54 ill� Do n L L In m :�,„„„�o,,,„,,,,�„, "'" SPECIFIC PLAN DISTRICT 10 DOWNTOWN 111� 0,< H fl'u[I M CVI 1I[ U4 IT nu Ifi IE 1fl Un UU Uri m- [in R-1 UU IT -IIJ 1- -11- 11 �� O [11 Ur;m m off][flu[]Ou Hu a ]r-11i[ [I [111111111[11][11- flU.M[EMEU UU TERM M J-1[111 F-Ii.] -nil[III HU r mHUNnNGTON BEACH CALIFORNIA DISTRICT I1 DOWNTOWN SPECIFIC PLAN ATTACHMENT 4 RESOLUTION NO. t A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING MODIFICATIONS TO THE COASTAL ELEMENT OF THE HUNTINGTON BEACH GENERAL PLAN AS SUGGESTED BY THE CALIFORNIA COASTAL COMMISSION (LCP AMENDMENT 3-94) WHEREAS, the City Council of the City of Huntington Beach, after notice duly given and public hearing as required by law, approved General Plan Amendment 94-1 on October 3, 1994; and On March 9, 1994, the California Coastal Commission considered said General Plan Amendment and approved it with suggested modifications; and The City Council of the City of Huntington Beach desires to accept and approve said modifications as suggested by the Coastal Commission, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1. That pursuant to provisions of Title 7, Chapter 3, Article 6 of California Government Code commencing with Section 65350, the suggested modfications to General Plan Amendment 94-1, as transmitted by the California Coastal Comission by letter dated March 16, 1995, are hereby adopted as an amendment to the General Plan Coastal Element and Land Use Element thereof, as specifically adopted herein. SECTION 2. That Figure 9.6 of the Coastal Element of the Huntington Beach General Plan is hereby amended as depicted on the new Figure 9.6 attached hereto as Exhibit"A," and by this reference inorporated as though fully set forth herein. SECTION 3. That Figure 9.8 of the Coastal Element of the Huntington Beach General Plan is hereby amended as depicted on the new Figure 9.8 attached hereto as Exhibit `B," and by this reference inorporated as though fully set forth herein. 1.. 4\s\Rlcp3-94l4l4l95 SECTION 4. That the section entitled "Goldenwest Street to Sixth Street" of Page 122 of the Coastal Element of the Huntington Beach General Plan is hereby amended to read as follows: GOLDENWEST STREET TO SIXTH STREET This area is comprised of 17 blocks along the inland side of Pacific Coast Highway. The entire 52.5 gross acre area was previously designated high density residential in the General Plan, however, the lots facing pacific Coast Highway are commercially zoned. Development in this area has been confined primarily to the residentially zoned lots, with much of the ocean-facing highway frontage remaining vacant. As a means of discouraging undesirable strip commercial development along Pacific Coast Highway, the coastal land use plan designates the majority of the area as residential with three nodes for visitor-serving commercial development --two half blocks between Goldenwest and Twenty-first Streets, two half blocks between Eighteenth and Sixteenth Streets, and three half blocks between Ninth Street and Sixth Street. The remaining area along Pacific Coast Highway has been designated high density residential with height limit of three stories. Within this area, a base density of 15 units per acre is assumed, with increases up to a maximum of 30 units per acre on a fully consolidated block. Development of the residential blocks is intended to be regulated by a specific plan, which will specify parking, open space, and setback requirements and variable lot area ratios to encourage property consolidation. SECTION 5. That the section entitled"Sixth Street to Lake Street" on Page 124 of the Coastal Element of the Huntington Beach General Plan is hereby amended as follows: A. The title is changed to "SIXTH STREET TO FIRST STREET." B. The fifth paragraph of this section is to read as follows: A maximum four story height limit has been applied to the entire Sixth to First Street area as a means of encouraging the provision of amneities and recycling of existing uses, as well as allowing the possibility for vertical mixed uses within individual developments and providing opportunity for ecean views. SECTION 6. That the second paragraph on Page 126 of the Coastal Element of the Huntington Beach General Plan is hereby amended to read as follows: 2 4\s\RIcp3-94/4/4/95 - I The 62 acre area located between Delaware Street and Beach Boulevard is owned by the City of Huntington Beach and leased to the Huntington Beach Inn and Driftwood Mobile Home Park and Golf Course. The northern half of this site is designated for residential uses. The rest of this area has been designated as commerical/support recreation to reflect existing uses and as a potential future site of a major commerciaUrecreational development to compliment the City Beach. (No further changes, rest of section remains as is) SECTION 7. That the last paragraph on Page 130a of the Coastal Element of the Huntington Beach General Plan is hereby amended to read as follows The Municipal Pier and adjoining restaurant are designated as Mixed Development in the existing General Plan. The Pier functions primarily as a visitor-serving facility and provides a focal point for the Downtown/Main Street Corridor; thus, the Pier and adjoining restaurant have been redesignated Visitor-Serving Commercial. 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. New buildings on the pier shall not exceed one story and 25 feet, excluding the end of pier cafe. Public access shall be required around the entire perimeter of the pier. 3 4\s\RIcp3-94/4/4/95 SECTION 8. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1995. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City torney p� REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Community Development 4\s\RIcp3-94/4/4/95 - LAND USE ACREAGE SUMMARY GOLDENWEST STREET TO BEACH BOULEVARD Acres RESIDENTIAL Medium Density 161 High Density 98 COMMERCIAL Visitor Serving 38 MIXED USE DEVELOPMENT Office/Residential 43 Commercial/Support Recreation 29 TOTAL 369 Figure 9.6 - I COASTAL LAND USE PLAN GOLDENWEST STREET TO BEACH BOULEVARD (GROSS ACRES) 1 ] IT- 1111 UIJ- l DENSITY �, =torie s)InL (3 ` \�I\ 1:. Vy.y �C� 16 f'acres) \ lit)US � I T 111 LEI1](� �Ll[��I�_ J I:I(_I(J( l(_IL :II.1 (.�_l( I�_I(-�J(�(__ �I:I:,�tj t_►� \,� II-fuEllJill I[ 1A11.111111111.111- _.1-111 [ _11=111- _ ] 3 0 W 'r..J lI - 4: L EU[1'L, n� 1.1.IMIXFrjjsUPPO1t1 RI:CR l{ON CONA 'Ike HIGH DENSITY VISITOR- HIGH VISITOR- - VISITOR- RESIDENTIAL SERVING DENSITY SERVING SERVING COMMERCIAL RESIDENTIAL' COMMERCIAL (3 Stories),", (3. acres) (3 stories)" .(7t acres) COMMERCIAL(41 t acres) (G stories)" (5�7 acres (29 *acres) *High Density Option Available Only on Consolidated Parcels ** See Page 43 for Clarification of Heights Limits ***May be Exceeded with Reduced Lot Coverage and Greater Setbacks Conceptual Alignment--Precise Alignment will be Curvilinear and shall Conform with Policy 9e. Approved February 1983 WW194 a damwr con ® HUNTINGTON BEACH CALIFORNIA® PLANNING DEPARTMENT Figure 1gure 9.8 l RCA ROUTING SHEET INITIATING DEPARTMENT: Community Development SUBJECT: Resolution # Downtown SpecificRan COUNCIL MEETING DATE: Aril 17, 1995 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorne Subleases, Third Party Agreements, etc. (Appoved as to form by City Attorne Certificates of Insurance (Approved by the City Attorney) Financial Impact Statement (Unbudget, over $5,000) Bonds (If applicable) Staff Report (If applicable) Commission, Board or Committee Report (If applicable) Findings/Conditions for Approval and/or Denial EXPLANATION FOR MESSING ATTACHMENTS . REVIEWED RETURNED F0 DED` Administrative Staff Assistant City Administrator Initial City Administrator Initial rCity Clerk EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use