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HomeMy WebLinkAboutOrdinance #2656 r ,d ORDINANCE NO. 2656 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING A NEW ARTICLE 949 PERTAINING TO VISITOR-SERVING COMMERCIAL DISTRICT The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. The Huntington Beach Ordinance Code is amended by adding a new Article 949 to read as follows: ARTICLE 949 "VSC" VISITOR-SERVING COMMERCIAL DISTRICT Sections: 9490 Purpose 9491 Permitted Principal Uses and Structures 9491. 1 Permitted Accessory Structures 9491. 2 Uses and Structures Subject to a Conditional Use Permit 9491. 3 Minimum Building Site, Width and Depth 9491. 4 Building or Structure Height Limitations 9491. 5 Site Coverage 9491.6 Yard Requirements 9491. 7 Off-Street Parking 9491. 8 Landscaping 9491. 9 Signs 9491. 10 Dedication and Improvements 9491. 11 Minimum Open Space Requirements 9491. 12 Refuse and Refundable Bottle or Container Collection Areas 9491. 13 Outside Storage 9490 PURPOSE. The purpose of the Visitor-Serving Commercial (VSC) District is to implement the General Plan land use designa- tion of Commercial: Visitor Serving, and to provide for hotels, motels, restaurants and other retail and service uses of specific benefit to the city' s coastal visitors and year-round residents. 9491 PERMITTED PRINCIPAL USES AND STRUCTURES. The following principal uses and structures shall be permitted in the VSC Dis- trict subject to administrative review. Said review shall ,insure that the uses are developed in a manner compatible with the purposes of this District. (A) ( 1 ) Antique Store ( 2 ) Art gallery and/or dealer (3 ) Arts and crafts supplies ADL:ps 9/16/83 1. (B) ( 1 ) Bakery (not more than seven ( 7 ) employees and all goods sold on premise ) (2 ) Banks, Savings and Loans (branch offices not to exceed five thousand ( 5, 000 ) square feet) (3 ) Barber, beauty, manicure shops (as an appurtenant use to a hotel or motel ) (4 ) Beach, swimming and surfing equipment (5 ) Bicycle sales, repair and rental shop ( 6 ) Boat and marine supplies ( 7 ) Bookstore ( 8 ) Botanical garden (C) ( 1 ) Camera shop (2 ) Clothing store (3 ) Confectionary store (4 ) Convenience market ( 5) Curio shop (D) ( 1 ) Delicatessen (2 ) Drug store (F ) (1 ) Flower and ornamental plant shop ( 2 ) Fruit and vegetable store (G) ( 1 ) Gift and party shops (H ) ( 1 ) Health and sports clubs (under two thousand five hundred ( 2, 500 ) square feet ) ( I ) (1 ) Ice cream parlor (J ) (1 ) Jewelry store (L) (1 ) Laundries (self-service or pick-up) ( 2 ) Liquor store (M) ( 1 ) Marine insurance (2) Meat or fish market (N ) ( 1 ) Newspaper and magazine store ( 2 ) Newsstand (3 ) Novelties (P ) ( 1 ) Photographic studio ( 2 ) Photographic processing (no more than one ( 1 ) developing machine ) ( 3 ) Photographic equipment sales (R) ( 1 ) Real estate office ( in conjunction with sale and management of properties on site ) ( 2 ) Restaurant (excluding drive-in/through/up) (S ) ( 1 ) Shoe store (2 ) Sporting goods store 2. r (T) ( 1 ) Travel agency (2 ) Tourist related public and semipublic buildings, services and facilities (such as, but not limited to, museums or tourist information bureaus ) (Y) ( 1 ) Yacht broker 9491 . 1 PERMITTED ACCESSORY STRUCTURES. All structures custom- arily incidental and accessory to a permitted use or structure may be constructed on any lot containing a main building provided that such structure (s) shall not exceed fifteen ( 15 ) feet in height nor be closer than ten ( 10 ) feet from any other structure on the same lot and shall conform with all yard requirements of this District. Multiple story parking structures are excluded from the provisions of this section. 9491. 2 USES AND STRUCTURES SUBJECT TO CONDITIONAL USE PERMIT. The following uses and structures may be permitted in the VSC District subject to approval of a conditional use permit: (A) ( 1 ) Arcade (2 ) Automobile service station, with or without con- venience market, subject to the provisions contained in the C2 "Community Business District" or "Service Station Standards" of the Huntington Beach Ordinance Code as applicable. (B) (1 ) Bar (C ) (1 ) Cabaret ( 2 ) Club and lodge (private ) (3 ) Cocktail lounge (D) (1 ) Dancing and/or live entertainment as a primary or accessory use (2 ) Drive-in/through/up restaurants (H ) (1 ) Hotel and motel, subject to the provisions contained in the C4 "Highway Commercial District" (0) ( 1 ) Office (business and professional ) , subject to the entire street level or one-third (1/3 ) of the total floor area (with at least fifty percent ( 50% ) of the street level ) being devoted to visitor-serving uses* (2 ) Outdoor retail sales as a primary use ( 3 ) Outdoor eating area (P) ( 1 ) Commercial parking lot and parking structure (R) ( 1 ) Recreational vehicle overnight camping (2 ) Residential uses not to exceed twenty-five ( 25 ) 3. units per acre, subject to the entire street level or one-third ( 1/3 ) of the total floor area (with at least fifty percent ( 50%) of the street level ) being devoted to visitor-serving uses* (T) (1 ) Tavern * Such uses must either be provided prior to other development, or assured as part of the development. In the event of a consolida- tion of a minimum one block area, or eighty-seven thousand (87, 000 ) square feet, conditional 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-third ( 1/3 ) of the total floor area permitted is devoted to visitor-serving uses, and provided that at least ten percent ( 10%) public open space and pedestrian access amenities are provided to maintain a predominantly visitor-serving orientation. 9491. 3 MINIMUM BUILDING SITE, WIDTH AND DEPTH. (A) The minimum building site area, lot width, and lot depth shall be the following: (1 ) Minimum Building Site: Ten thousand ( 10, 000 ) square feet; (2) Minimum Lot Width: One hundred ( 100 ) feet; (3 ) Minimum Lot Depth: One hundred ( 100 ) feet. (B) Any lawfully established and recorded individual lot not meeting the standards within this section shall not be used as a building site (unless combined with sufficient land to provide the above listed minimum standards) except upon the applicant ' s submittal to the Director of a plot plan encompassing the entire parcel which delineates all structures proposed for initial or future construction, and the adoption of a use permit with the following findings by the Board of Zoning Adjustments or the Planning Commission: (1 ) Special conditions exist because of topography or existing development patterns; (2 ) A demonstrated uniqueness of design is pro- posed that responds to the purpose of this District; (3 ) The development complies with all other applicable city ordinances. 9491. 4 BUILDING OR STRUCTURE HEIGHT LIMITATIONS. No building, structure or combination of buildings and structures shall exceed fifty ( 50 ) feet in height. Rooftop mechanical equipment and screening are exempted from the above provision and: 4. (A) May exceed the fifty ( 50 ) foot building height limit by not more than fourteen (14 ) feet; (B) Shall be screened from view from adjacent public rights-of-way, except for residential attic turbines and solar collector panels. 9491 . 5 SITE COVERAGE. Shall not exceed fifty percent ( 50%) of the site area. 9491. 6 YARD REQUIREMENTS. All yards shall be measured from the ultimate right-of-way lines as required by the Huntington Beach Ordinance Code . (A) Front Yard. The minimum front yard setback shall be ten ( 10 ) feet except as otherwise designated on a sectional district map. (B) Side Yard. (1 ) Exterior Side Yard. The minimum exterior side yard setback shall be ten ( 10 ) feet except as otherwise designated on a sectional district map. (2 ) Interior Side Yard. The minimum interior side yard setback "is zero (0 )feet, except where the permitted use abuts a residential district, then the setback shall be a minimum of ten ( 10 ) feet. (C ) Rear Yard. The minimum rear yard setback is zero ( 0 ) feet except where the permitted use abuts a residential district, then the setback shall be a minimum of ten ( 10 ) feet. 9491 . 7 OFF-STREET PARKING. The arrangement, access, safety sight angles, dimensions, turning radii , screening and number of all parking spaces shall conform to the "off-street parking" require- ments of the Huntington Beach Ordinance Code . 9491.8 LANDSCAPING. As provided for within the Huntington Beach Ordinance Code. 9491 . 9 SIGNS. Except as provided herein all proposed signs shall comply with the provisions of the Huntington Beach Ordinance Code . The exceptions are as follows: (A) No sign shall cause glare, reflection or nuisance to residential uses. (B) All commercial signage within mixed use buildings shall be restricted to the commercial portion of said buildings. 5. 9491. 10 DEDICATION AND IMPROVEMENTS. All proposed structures and uses shall comply with dedication and improvement requirements of the Huntington Beach Ordinance Code . 9491. 11 MINIMUM OPEN SPACE REQUIREMENTS. (A) Requirements for all projects. For any development devoted exclusively to commercial usage, public open space shall equal at least ten percent ( 10%) of the site area. In mixed use developments, which include residential units, public open space shall equal at least five percent ( 5% ) of the site area and may have common recreational space requirements applied toward meeting the requirements of this subsection. Yard requirements shall not be applied toward meeting the requirements of this subsection. (1 ) Public open space is accessible to the public and shall be: (a ) Open air commercial ( i ) Open to the street on the first floor; or ( ii ) Open on at least one side above the first floor; or ( iii ) Open to the sky. (b) Patios (c) Plazas (d ) Balconies (e ) Gardens (f ) View areas (2 ) Public open space provided above the second floor shall have its area value decreased by fifty percent ( 50% ) for the purposes of meeting the requirements of this section. (B) Requirements for the residential portion of mixed use development. The combined total of private and common recreational space shall equal at least twenty-five percent ( 25%) of the floor area of each dwelling unit. Yard requirements shall not be applied toward meeting the requirements of this subsection. (1 ) Private open space shall be: (a ) Contiguous to the dwelling unit it serves and for the exclusive use of the occupants; (b) Have a minimum area of not less than sixty ( 60 ) square feet and a minimum dimension of not less than six ( 6 ) feet per side ; P 6. i (c ) Only accessible to the dwelling unit it serves ; (d) Physically separated from public areas by a wall or hedge at least forty-two (42 ) inches in height; (e ) Provided at the following minimum ratio: (i ) Bachelor or studio (efficiency) dwelling unit: sixty ( 60 ) square feet ( ii ) One (1 ) bedroom dwelling unit: seventy-five ( 75) square feet I ( iii ) Two ( 2 ) bedroom dwelling unit: one hundred ( 100 ) square feet ( iv) Three (3 ) bedroom dwelling unit: one hundred fifty (150 ) square feet (v) Larger than three (3) bedroom dwelling unit: two hundred ( 200 ) square feet (2 ) Common recreational space: (a) Shall be accessible to all dwelling units within the development; (b) Shall not include parking areas or driveways; (c ) May be located on roofs. 9491 .12 REFUSE AND REFUNDABLE BOTTLE OR CONTAINER COLLECTION AREAS. All refuse and refundable bottle or container collection areas shall be screened from view on all four sides by a six (6 ) foot high decorative masonry wall, building or gate . Residents shall be provided with collection areas that are separate and distinct from the collection area of commercial activities and said collection area shall not be located further than two hundred (200) feet from each residence. 9491. 13 OUTSIDE STORAGE. All goods, wares, merchandise, pro- duce, and any other commodities which are stored in this District shall be housed in a fully enclosed building or structure. SECTION 2. This ordinance shall take effect thirty days after adoption. 7. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of November 1983. Mayor ATTEST: APPROVED AS TO FORM: 1 � Kj Ci y Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED• C ty Ydminqstrator Director of Develop16enU Servic s i i 8. Ord. No. 2656 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified 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 17th day of October 19 83 , and was again read to said City Council at a regular meeting thereof held on the 7th day of November 19 83 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Pattinson, Thomas, Kelly, MacAllister NOES: Councilmen: None ABSENT: Councilmen: Finley, Bailey, Mandic City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California CITY CLERK of the City of FAWentworth ach and ex•offttio Clerk of the City t eby certity that a synopsis of this ordinance •as been putltished fn the Huntington Beach in:'epen-dent on ................................ 1n accordance with the City Ghsr;•; cf Said City. UICIA M. WENTWORTH .... ...... # City Clerk . .. .......I......... . ........-". ............1-1-.1..........? Deputy City Clerk