HomeMy WebLinkAboutOrdinance #1395 ORDINANCE NO. 1395
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING REGULATIONS LIMITING
THE TYPE, HEIGHT AND BULK OF STRUCTURES AND/OR
BUILDINGS PERMITTED WITHIN REQUIRED FRONT AND/OR
EXTERIOR SIDE YARD SETBACKS; LIMITING ALSO OUTSIDE
DISPLAY AND/OR STORAGE OF MERCHANDISE SOLD ON PREM-
ISES TO THOSE ITEMS NORMALLY CONDUCTED IN THE OPEN;
REPEALING SECTION 9431(d) AND AMENDING, RENUMBERING
AND ADDING SECTIONS TO DIVISION 9 OF THE HUNTINGTON
BEACH ORDINANCE CODE.
The City Council of the City of Huntington Beach does ordain
as follows:
Section 1. That Section 9431 (d) of the Huntington Beach
Ordinance Code is hereby repealed .
Section 2. That the following sections of the Huntington
Beach Ordinance Code are hereby amended, and as amended, shall read
in words and figures , as follows:
S . 9430.2 (P) Paint Stores
Pet Shops
Plant Nurseries
Plumbing Supply Shops
Printing Shops
S . 9430.5 (G) Gasoline Service Stations, including tire sbop and
minor repairs .
S . 9730.13 Housing of oods . All goods, wares, merchandise,
produce, and other commodities, except those being
transported, which are stored or offered for sale or exchange in the
professional, commercial, and industrial districts, shall be housed
in buildings , except as provided in Section 9432.
S . 9786 Effect of Setback Ordinance . After the effective
ate of any ordinance es-t—aFlisbing any setback
line or lines, or amendment of any such setback line or lines, it
shall be unlawful for any person, firm or corporation to construct
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Ord. No. 1395
any structures, building, wall, fence or hedge over 32 feet in
height or display and/or store merchandise within the space be-
tween the street line and the setback line or lines, except as
provided in Section 9432 and Article 976.
S. 9792.2 Landscaping. All required landscaping shall be
�tde within the off-street parking areas
except that landscaping required by Section 9432 which shall be
along the front property line.
S. 9792.2.4 physical Protection for Landscaping. All landscap-
ng shall e protected from ve icle and pedestrian
damage by a six (6) inch high curb. Additional vehicular protect-
ion shall be provided by one of the following methods :
(a) Wheel bumpers
(b) Concrete curbs
(c) Any other design or method that will provide
protection which is acceptable to the Build-
ing Department.
Section 3. That the following sections of the Huntington
Beach Ordinance Code are hereby renumbered as follows:
S. 9432 to s. 943
S. 9433 to s. 9434
s. 9433.1 to s. 9434.1
s. 943333.2 to s. 9434.2
S. 9pi�
433.3 to SS. 9994443344S.3
t S' 943b ,Section 4. That e follow ng sections are-hereby 'added
tor,the,- Haht1h9t0n,-Beach' OrdAnan.ce'}Code to read in words and figures,
as follows:
s. 9432 SETBACK ENCROACHMENT AND OUTSIDE DISPLAY AND/OR
STORAGE OF MERCHANDISE:
S. 9432.1 Purpose and Intent. The purpose and intent of this r
Section is to es ablish regulations that will limit
the type, height, and bulk of structures and/or buildings permitted
within the required front and/or exterior side yard setbacks. This
Section is intended to limit the outside display and/or storage of
merchandise sold on premises to those items normally conducted in the
open. It is further intended that one or more of the following criter-
ia shall provide standards for which structures,buildings,display
and/or storage may be permitted.
2.
Ord. No. 1395
(a-) Duration (temporary or permanent)
(.b) Landscaping to be provided
(c) Method of display and/or storage
(d) Amount of display and/or storage to
be provided in relation to the use, (size
and location of area to be used) .
(e) Guarant4e of removal (temporary display
and/or storage)
• (f) Vehicular and pedestrian access
(g) Visibility at driveway intersections
(h) Off-street parking
S. 9432.2 Non-conforming Dis lay and/or Storage. Any non-con-
orming display and/or storage within the required
setback shall be completely removed or changed to conform with
the requirements of this Section within three (3) months after
the time this Section takes effect or when such use becomes non-
conforming.
Any use made non-conforming by any requirement of
this Section shall be made to conform with this Section or shall be
be completely removed within one year after the time this Section
takes effect or when such use becomes non-conforming.
S. 9432.3 Dis la and/or Stora e permitted. Outside display
and/or storage o e following items may be permitt-
ed within or behind the required setback, subject to Administrative
Review by the Board of Zoning Adjustments. Said review shall in-
sure that the display and/or storage is developed in a manner com-
patible with the intent of this ordinance;
(a) Merchandise which is offered at special events
such as grand openings, business anniversary
sales, change of ownership or management and
change of business address. Approval is not
intended to be permitted. for events such as
clearance sales, weekly sales, specials, etc.
(b) New tire display (not to exceed ten (10) tires.
(c) Sale of automobiles, boat, trucks, cycles, trail-
ers, campers, mobile, homes, and similar type
vehicles.
(1 ) A landscape plan shall be required show-
ing a three (3) foot wide strip of land-
scaping along the entire frontage and
said plan shall provide for pedestrian
circulation. Said landscaping shall be
additional to the landscaping required
by Article 979 and subject; to the re-
quirements contained therein.
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Ord. No. 1395
(d) New motorized garden equipment display,
subject to the landscaping requirements
of Subsection (c) contained herein.
S.S. 2432.4 Retail Merchandise. Outside display and/or stor-
age or to roTT3=ng items may be permitted be-
hind the setback:
(a) Rental equipment
(b) Lumber (the height of which shall not ex-
ceed the screen wall height)
(c) Sacked fertilizer (the height of which
shall not exceed the screen wall
height) .
(d) Growing plants or nursery stock
(e) Masonry items (brick,cement and stone)
(f) Patio and lawn type furniture
(g) Utility trailer rentals.
S. 9432.4.1 Said display and/or storage shall be permitted
provided they are behind the setback and screen-
ed from view on all sides and rear by a six (6) foot high deco-
rative masonry wall, building or gate. The front shall be
screened from public view by the use of fencing, buildings, land-
scaping or any combination thereof, subject to Administrative
Review by the Board of Zoning Adjustments,
S. 9432.5 Automobile Service Station Merchandise. The follow-
ing items may be permItEea within Ehe required set-
back:
(a) Miscellaneous items offered for customer
convenience and other related incidental
items such as oil, wiper blades, etc. Dis-
play of such items shall be limited to pump
islands and adjacent to the building.
S. 9432.6.- Structures and/or. Buildings. The following struct-
sres alld/-Of bui dings. inay b6 constructed within the
required setback, subject to the conditions contained hereins
S. 9432.6.1. Automobile service station canopies, whether at-
tached or detached which are intended for public
comfort and convenience, may project over pump islands into the
required setback to within five (5) feet of the front and/or ex-
terior side property line, provided said canopies maintain a min-
imum ground clearance of twelve (12) feet above the center line
grade of the adjacent street. Maximum pitch of gable canopies
shall not exceed 4 in 12 with a maximum peak rise of four (4) feet.
4.
Ord. No. 1395
S. 9432.6.2 Automobile service station pump islands may
be constructed within the required setback,
provided the pumps are setback fifteen (15) feet from the
front and/or exterior side property line.
S. 9432.6.3 Attached canopies which are intended for pub-
lic convenience may project from any commer-
cial building over pedestrian walkways five (5) feet into the
required setback for the entire width of said building.
S, 9432.6.4 All telephone booths within the 50 foot setbacks
shall be placed in locations approved by the
Board of Zoning Adjustments, provided that adequate view for the
abutting property owner and traffic safety is maintained.
S. 9432.6.5 Other structures and/or buildings may be con-
structed within the required setback, subject
to the following requirements:
(a) The maximum encroachment shall not exceed
twenty-five (25) feet except as provided
in Section 9432.6.1,
(b) For each foot of encroachment a one foot
wide landscaping strip shall be provided
along the entire length of the encroachment.
Said landscaping shall be additional to
the landscaping required by Article 979
and subject to the requirements contained
therein.
S. 9432.7 Miscellaneous Display and/or Storage.
e Following items may be permitted within
the required setback, adjacent to the building, subject to the
conditions contained herein:
(a) Disabled American Veterans, Goodwill and
similar collection containers may be per-
mitted upon approval from the Building De-
partment. Said approval shall insure
that the placement of these items is in a
manner compatible with the intent of this
ordinance.
Said containers shall not be placed on
vacant lots.
(b) Vending machines and news stand racks,
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Ord. NO. 1395
s. 9432.8 General Provisions. All structures, build-
ings, displays and/or storage of merchandise
within the required setback which exceed a maximum height of
six (6), feet may encroach into said setback, subject to the
following sight angle requirementsi
6.
S . 9432. 8. 1
.SWT ANGLE
REQUIREMENTS
4,
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28' I g
SET Bi4CK
NOTE
TYPICAL LOTS IN COMMERCIAL
DISTRICTS
C� MERCHANDISE LESS THAN
6 FT. IN HEIGHT. 28
MERCHANDISE OVER 6 FT.
IN HEIGHT.
BUILDING ENCROACHMENT'
INTO THE REQUIRED SETBACK
(25 FT. MAXIMUM ). SCALE: I"= 50'
7 .
Ord. No. 1395
Section 5. The City Clerk shall certify to
the passage and adoption of this ordinance and shall cause the
same to be published by one insertion in the Huntington Beach
News, a weekly newspaper printed, published and circulated in
the City of Huntington Beach, California$ and thirty (30) days
after the adoption thereof, the same shall take effect and be
in force.
PASSED AND ADOPTED by the City Council of the
City of Huntington Beach at a regular meeting held on the 4th
day of February , 1968.
YUV
ATTE •
city cte PC
APPAOV S T 0
K. .D LE BUS
City Attorney
6
Ord. Nom1395
STATE OF CALIFORNIA )
- COUNTY OF ORANGE ) ss :
l CITY OF HUNTINGTON BEACH )
I , PAUL C. JONES , the duly elected, qualified , and
acting City Clerk of the City of Huntington Beach and ex-
officio Clerk of the City Council of the 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
ordinance was read to said City Council at a regular
meeting thereof held on the 19th day of February ,
19 68 , and was again read to said City Council at a regular
meeting thereof held on the 4th day of March ,
19 68 , and was passed and adopted by the affirmative vote of
more than a majority of all the members of said City Council®
fAYES: Councilmen:
Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk an x-officio Clerk
of the City Council of the City
of Huntington Beach, California
1. PAUL C. JONES, CITY CLERK of the City of
Lil, d
and ex-officio Clerk of the City
y certify that this ordinance has
the Hur.ti, ton Beach News on f
191p
the City f.ha;ter of said City
City Clerk
Deputy City Clerk