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HB Neighbors Litigation

August 14, 2010 Angela Rainsberger 1 comment

A Huntington Beach grassroots organization that wants to limit growth downtown and the number of liquor licenses is moving forward with litigation against a project that will increase development, with a trial date this winter.

The Huntington Beach Neighbors filed a lawsuit against the city in December claiming officials violated the California Environmental Quality Act by not adequately analyzing the impacts the Downtown Specific Plan will have on downtown residents. The lawsuit is scheduled to go to court Jan. 13.

The Neighbors contend officials didn’t complete a proper environmental impact report (EIR), which analyzes the effects the project will have, and want it redone with a new project that reflects more accurate findings.

“We want the city to do proper due diligence,” said Neighbor President David Rice.

The Downtown Specific Plan is a long-range planning document that dictates building and parking specifications and design guidelines and will increase development over the next 20 years.

The group asserts the report did not fully take into account the changes the plan will have on parking, traffic, noise, water and public services, according to the lawsuit.

“The project’s EIR fails to provide adequate information and adequate analysis of the significant adverse environmental impacts associated with this project,” according to the lawsuit. To read the full lawsuit, go to http://www.hbneighbors.com.

See the full story by By Britney Barnes at

at http://www.hbindependent.com/news/tn-hbi-0812-downtown-20100804,0,3366426.story

How Many Bars Do We Want In DT HB?

 How many alcohol licenses are too many alcohol licenses in our neighborhood?

“Downtown, which covers 1.5% of the city, makes up 11% of the calls the Huntington Beach Police Department responds to”, Small said. “The department also made 900 arrests downtown last year, and more than 600 of them were alcohol and drug related, he said. The small area has 10% of the city’s alcohol licenses in its 2.4 square miles.”

Police Chief Ken Small said at the town hall meeting as reported by the HB Independent March 10th 2010.

That’s 38 alcohol licenses in 2.4 square miles. That’s approximately 2 arrests per day in 2.4 square miles.  OUR POLICE CHIEF IS POINTING OUT THE CORRELATION BETWEEN CRIME AND ALCOHOL.  What are we going to do to help solve the problem?  Are we going to allow more CUPs to be approved and add more bars to this small area?  If our collective vision for downtown Huntington Beach includes a strong neighborhood culture and a safe place to live…….do we allow another bar to open up?  Do we want a Bourbon Street in HB?

Categories: Bars, In The News, Quotes

Huntington Beach Tomorrow Annual Fund Raiser

Huntington Beach Tomorrow Annual Fund Raiser

Citizens interested in the future of Huntington Beach are invited to this fun-filled event that features a fabulous dinner, door prizes, a raffle and entertainment by the renowned “Not-Ready-for-Prime-Time Players”.

Funds raised are used to elect city council candidates who HB Tomorrow believes will best serve the residents of Huntington Beach.  Make a difference in your future by helping citizen oriented city council candidates get elected and attend this entertaining event.

The event will be held on Saturday, May 22 at 6 p.m. at the International Machinists Lodge at 5402 Bolsa Avenue.

The cost is $30 per person.  Please send in your reservation by using the reservation form.

*  *  *  *

HUNTINGTON BEACH TOMORROW

Making a difference today for Huntington Beach Tomorrow

P.O. BOX 865 Huntington Beach, CA 92648

Phone: 714 840-4015        e-mail: info@HBTomorrow.org

HBT FUNDRAISER RESERVATION 2010

Reservation for (# of People) ________ x $30  =   Amount $ ______

Name: _________________________________________

Address: _______________________________________

City, St Zip: _____________________________________

Phone: _____________________  e-mail: _________________________

FPPC Regulations Require HBT report donations with a value exceeding $100.  If donating more thank $100 please provide:

Occupation (or retired): _________________________________

Employer: ___________________________________________

HBT is a registered, not-for-profit California corporation. Taxpayers ID# 33-0472079.

Thank you for supporting HBT’s fundraising efforts.

Categories: HB Neigbor Updates

You Be The Judge – Density – 1st Edition

DENSITY:

Why does the city want to increase the density and the heights of new Downtown tourist-oriented buildings? Did the city adequately address the resident concerns about the impacts of the density in the DTSP?

The goal of this newsletter series, presented by HB Neighbors (HBN), is to isolate the most important issues in the recently adopted Downtown Specific Plan (DTSP) and accompanying Environmental Report (EIR), to help HB residents understand the basic arguments. In this issue, a variety of knowledgeable HB residents and business people in opposition to the DTSP and EIR are set in counter to the city on the issue of Density. Read both sides of the issue presented and “You Be the Judge”!

BACKGROUND: The DTSP was initially conceived to “Create a healthy mix of land uses geared toward creating an urban village that serves as a destination to both residents and tourist.”  Yet, when City Council approved the modified DTSP, removing the large tourist attraction at Triangle Park, they did not reduce the 40% increase in downtown density. Who benefits from redeveloping viable low density building into high density buildings?

DTSP Chapter 8 -8.3 Economic Conditions Influencing Developmental Potential:

The following is a summary of key existing conditions that will influence the realistic range of future development opportunities in the Specific Plan Area.

The Specific Plan Area is largely “built out.”

Prevailing property values in the Specific Plan Area reflect the fact that most parcels are already developed with existing viable uses.  This situation will tend to limit the financial feasibility of redeveloping these parcels with lower-density land uses.  That is, in most cases, new development would need to be relatively high density in order for the ultimate value of the development to justify the costs associated with buying and clearing land that is currently occupied with other uses. While there may be some (currently underutilized) sites that are exceptions to this observation, it should apply as a good rule of thumb for defining the types of opportunities that are likely to exist for most parcels.

OPPOSITION DURING PUBLIC HEARINGS:

JILL HARDY, current city council woman spoke:

This was referenced as a controversial issue. That’s usually how we refer to issues that bring out 30-40 speakers.  I actually kind of looked at it and went “wow” what unity we have. We’ve got the residents’, the business owners, heck we even have Mike Adams, and the planning commissioners and Dick Harlo coming and speaking all on the same side……It’s clear to me what the residents’ want. It’s clear to me what the business owners want. Its planning commissioners who worked many more hours……………want. Who am I to say “No. I know better than everybody else who has spoken on this issue”. Quoted from Nov 2nd during City Council meeting

MIKE ADAMS, a former building and planning director for HB and now a land-use consultant representing many of the largest Downtown commercial property owners:

The listed project objectives are intended to reflect the reasons the Specific Plan is being updated. The stated objectives do not indicate a need for a 40% increase in downtown commercial activity, nor increased residential densities or building mass. The anticipated public improvements, including wider sidewalks, new bikeways, expanded beach parking and cultural arts building, will only add to the downtown’s problem with insufficient convenient parking and poor circulation. The limited area for downtown commercial will continue to function best if the area north of Orange Avenue addresses the needs of the residents and the area between Orange Avenue and PCH attracts the visitors along with the locals. This approach will allow for better, more cost effective implementation of the identified objectives”. ADAMS 6: September 1, 2009 Michael C Adams Associates Response to Draft EIR No. 08-001, 3.5 Statement of Objectives

RON MCLIN, co-owner/manager of Longboard, an HB resident and active member of the Downtown BID:

The increase of 213,467 sq.ft. of retail, 92,232, sq. ft. Restaurant, 92,784 sq. ft. office, 27,000 sq.ft. art center, 648 units of housing and 235 hotel rooms (188,000 sq. ft.) is huge for an area that is already struggling with what is already in place.  We have yet to see the burden when Pacific City comes on line. We now have what the State Department of Alcohol Beverage Control and our police department consider an over saturation of liquor licenses but are planning to add 20 restaurants by sq.ft.?……..The plan to enlarge and increase the business area will adversely affect residents and existing and future businesses. It is too large and doesn’t conform to the Huntington Beach lifestyle.  We like the village concept.” See Nov 2 public record. October 29 letter to the City Council.

JOHN SCANDURA, a current planning commissioner stated:

The heights of 5 stories or 50 units per acre, recommended by the staff, would create significant parking and traffic problems on Main and 5th streets. The plan traffic improvement on these streets are minimal and up to 105 parking spaced could be lost on these two streets.  The downtowns village character would be replaced by canyons of 4 and 5 story buildings.” Quoted from Nov 2nd during public comments at the City Council meeting

 CITY RESPONSE:

The City Responded to the comments made by MIKE ADAMS in ADAMS 6 as follows:

  • The allowable net increase in development included in the DTSP Update was developed in consideration of (1) project goals, objectives adopted by the City Council and the(2) market demand identified in the DTSP market study completed in July 2008 by The Natelson Dale Group.
  •  Parking and circulation issues related to implementation of the DTSP Update are evaluated in adequate detail in Chapter 4.12 – Transportation and Parking in the EIR.
  • The comment regarding alternate location considerations for the downtown commercial does not raise an environmental issue under CEQA and is acknowledged, and will be provided to the decision-makers for review and consideration during their deliberations of whether or not to approve the proposed project.

 NOTES(1) DTSP Section 1.5 pages 1-12 to 1-13 contain the project goals & objectives.  Increasing density downtown by 40% is NOT one of the listed goals or objectives. (2) OUTDATED STATS The city’s market study, was published July 23rd 2008, before the fall of Lehman Brothers (September 2008), and has no relevance to today’s generational shift in the economy.

Who wants this increase in density and why do they want it?

 

YOU BE THE JUDGE!

The Main Street Library is NOT SAFE!

Pages from the Updated DTSP regarding the Library use

The attached three pages are from the Updated DTSP prepared after the Nov 2nd City Council vote.  I was personally assured by Mayor Cathy Green that there would be a 99 seat MAXIMUM theater size in allowed uses. No such wording is included in the pages that address use of the site in the final DTSP. I hope this was an oversight. Please read them for yourself and YOU BE THE JUDGE!

3) Permitted Uses a) Figure 3-36 presents uses permitted within Subdistrict 1A. The table details permitted uses. Other cultural facility-related uses that have the same parking demand as the existing use not specified herein, as well as a change of use, may be allowed subject to the approval of the Director.

 

Do we want the power to change the use of the Main Street Library to be left up to the “Director”?  A city employee!  Don’t we want it to at least go to the City Council for approval or even better to the citizens for a vote.  Is that what everyone was supporting in the fight to save the library?  Is this a victory?

 

Richardson Gray Wrote: 

In addition to the possibility of a large live performance venue (community theater), with a size of as much as 25,000 SF, which could support 700 seats, and in addition to the Director of Planning’s unfettered power to change the use at the Main Street Library and Triangle Park, the newly adopted Downtown Specific Plan allows an unlimited amount of parking to be built at the library and park, in both aboveground and underground structures. Despite the HBDRA leaders’ confidence that the City will not do anything at the park and library to which downtown residents would object, I find the language regarding the library and park in the new Downtown Specific Plan unacceptable. Given that this plan is a 20+ year planning document, it is likely that none of the current HBDRA leaders will be around to protect the downtown residents from the City’s plans for the library and park in the long-term . It is for these reasons that I am strongly supporting HB Neighbors lawsuit against the City, challenging the Downtown Specific Plan concerning the library and park, and other issues as well. I encourage all downtown residents to give all of the money that they can afford, to support the HB Neighbors litigation. That is what I am doing. Without broad resident opposition, I fear that the City will continue to expand the downtown commercial district at the expense of the quality of life for all downtown residents.

PARKING STUDY BACKGROUND

The city contracted with the firm Kimley-Horn to prepare a parking study as support for the DTSP and the EIR.  This study was based upon a parking survey conducted in August 2008, almost two years ago.  The study shows the unrestricted parking inventory of:

Promenade, Pierside & Plaza Almeria Structures 1,280
On Street parking – Metered 338
On Street parking – No restrictions 309
     Total unrestricted parking available to the public 1,927

This map of the Downtown is from the parking study.  The area contained within the green boundaries is the parking inventory study area and the 1,927 unrestricted parking spots are all within this boundary.  We added the red circle, to illustrate the 1/2 mile distance from the center of the Downtown (the star) as identified by the study.   

The parking study did not consider the occupancy levels of the buildings nor did it adjust the parking demand levels to extrapolate parking demand for full occupancy.  The buildings within the area were NOT fully occupied at the time of the study. Once fully occupied the parking demand will increase.    

TYPICAL SUMMER WEEKEND

According to this study between the hours of 9 pm and 10 pm demand or cars actively seeking parking searched the streets from 9th St to the North, to 1st street to the South, past the intersections of Main & Palm and past the intersections of Frankfurt & Delaware heading East. The parking demand was approximately 1,800 cars at 9 pm.   At best, this means there are 192 open parking places in the downtown and a large number of cars were already parked in the residential neighborhoods as cars searched a wider area. 

Parking facilities are approximately 90% to 100% occupied on typical summer weekends and demand exceeds parking capacity during summer holidays and special events. ” Page 2 Par 3

 

HOLIDAY AND SPECIAL EVENTS

On a holiday or special event weekend the following hourly parking boundaries were illustrated.  We added the red circle again to show the ½ mile around the downtown.  The rainbow of lines illustrate just how far people are willing to walk.  It shows the areas impacted by cars searching for parking each hour. 

Would a residents permit parking program that covered the full ½ mile in each direction be adequate to solve the current parking problem?  This study shows that people are willing to walk more than ½ a mile for parking.  If the parking structures were 90% to 100% occupied, as they typically are, would this only shift the parking problem to the neighborhoods just outside of the permit parking area?

WHAT DOES THE FUTURE HOLD

If the current downtown buildings become fully occupied, where will the new visitors park?

If a new nightclub opens in Downtown Huntington Beach, where will the visitors park?

If a new developement is built under the reduced parking requirements of the new DTSP, where will the overflow park?

DTSP Parking Study

I attended the parking meeting held by the HBDRA last night. Thanks to the HBDRA for sponsoring the meeting.  It had solid attendance and it was educational for residents’.  It was disappointing that the officials on the panel had not prepared for the meeting by reading the parking study completed by Kimbely-Horn supporting the EIR associated with the recently adopted DTSP.  The data presented in the parking study was relevant to the meeting.

 Parking facilities are approximately 90% to 100% occupied on typical summer weekends….” Page 2 Par 3

Total downtown parking inventory is 2,703, including the Strand and the private parking lots not available to visitors. The parking inventory available to the general public is 1,927.

Another impact of a meter / permit program may be that it pushes parking demand further out into the neighborhood.” Page 50 par 6

Angela Rainsberger

[EIR Parking Study for the DTSP]

Register to vote in HB Neighbors BOD election

January 26, 2010 Angela Rainsberger Comments off

REGISTER to VOTE in the HB Neighbors Board or Directors election. The registration will only take a minute to complete and then you will receive a ballot to elect the BOD candidates that best represent your interests.

JOIN HB Neighbors

HB Neighbors DTSP GOALS

January 14, 2010 Angela Rainsberger 3 comments

HB Neighbors DTSP GOALS

1) Reduce density to 25 dwelling units per acre and reduce building heights to 3-story.

2) Limit the expansion of bars.

3) Create neighborhood services overlay north of Orange Ave.

4) Add neighborhood buffers for properties built adjacent to homes.

5) Institute parking improvements.

6) Limit the community theatre to 99 seats at the library site, with no new parking.

7) Add additional police services serving District 1. 

GOAL DETAILS

1)      REDUCE DENSITY AND BUILDING HEIGHTS

  • Within District 1 north of Walnut Avenue, density should be reduced to 25 dwelling units per acre and building heights limited to 3-story and 35 feet.

2)      LIMIT THE EXPANSION OF BARS

  • Embed the recently adopted Entertainment Permit violation and enforcement policy into the DTSP, and a maximum 2 new Entertainment Permits.
  • Limit the total number of approved CUPs to allow Type 47 (restaurant with full bar) and 41 (restaurant with beer & wine) alcohol licenses allowed in Districts 1, to total a maximum of 26 and 14 respectively. This is an increase of 2 and 3 respectively.

3)      NEIGHBORHOOD SERVICES OVERLAY

  • Place a Neighborhood Services overlay within District 1 north of Orange Avenue that changes the purpose and permitted uses to neighborhood serving commercial uses. No new Entertainment Permits. Business must close by 12:00 pm.

4)      ADD NEIGHBORHOOD BUFFERS for properties adjacent to or sharing an alley with a residence in Districts 1 and 4.

  • Limit the maximum building height to 3-story and 35 feet (the same as the maximum residential height limitation).
  • Not allow ABC Type 47 (full bar) licenses or any additional Entertainment Permits.
  • Limit hours of operation to 8am to 7pm Mon-Fri, 8am to 9pm Saturdays and Sundays including deliveries.

5)      PARKING

  • New tandem parking is only to serve two-bedroom dwelling units in all Districts 1 and 4.
  •  Metered parking on the 100 block from Main Street to Goldenwest, with allowances for resident parking.
  • City initiated and financed resident permit parking on 3rd, 6th, 7th, 8th and 600 and 700 blocks of Main Streets.

6)      LIBRARY USE RESTRICTIONS

  • Limit the theater size to no more than 99 seats. Limit hours of operation no later than a closing time of 11 pm. No new parking on site.
  • Remove the “Directors” power to override the use restrictions of the Library site.

7)      POLICE SERVICES

  • We are open to suggestions from the police department on ways to provide better police protection for the DT neighborhood.  The current protection is insufficient.
  • Add 2 police officers on bicycle patrol on outlying neighborhoods on Friday and Saturday 8pm to 2am, and Sunday 3pm to 10pm and weekday nights during summer months.

Quote from Joe Shaw on the DTSP

December 18, 2009 Angela Rainsberger 3 comments

“This plan, while it gives lip service to pedestrian and bicycle access, looks to create an uber-commercial neighborhood composed of big block five story buildings that will bring more traffic downtown, not less. We need a plan that minimizes car travel, enhances the parking we do have in creative ways and makes our downtown more liveable, not less. We need a plan that has adequate resources allocated for future police and fire needs, which this plan does not.”  Joe Shaw

Categories: Quotes Tags: ,