HomeMy WebLinkAboutOrdinance #2829 ORDINANCE NO. 2829
I
AN ORDINANCE OF THE CITY OF HUNTINGTON
BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY REPEALING ARTICLES 941,
943, 945, 947, 948, SECTION 9730.82 , SECTION
9730.83, SECTION 9730.84, AND AMENDING SECTION 9332
AND ADDING THERETO NEW ARTICLE 922 ENTITLED
"COMMERCIAL DISTRICTS (Cl, C2, C4) "
C' the City of Huntington Beach does ordain
The City Council of y g
as follows:
SECTION 1 . Articles 941, 943, 945, 947, 948, Section
9730.82, Section 9730.83 and Section 9730.84 of the Huntington
Beach Ordinance Code are hereby repealed.
SECTION 2. The Huntington Beach Ordinance Code is hereby
amended by amending section 9332, to read as follows:
9332 UNCLASSIFIED USES SUBJECT TO A CONDITIONAL USE
PERMIT. A conditional use permit may be granted in all districts
except residential, SP-1 and Sl for the following unclassified
uses:
(a) Public and quasi uses such as private clubs or
lodges, rest homes, sanitoriums, convalescent hospitals and
hospitals .
(b) Airports (general aviation stage one) .
(c) Heliports.
(d) Amusement enterprises.
(e) Transportation terminals .
(f ) Commercial recreation uses and/or centers excluding
golf courses .
(g) Golf diving range.
(h) Kennels, animal hospitals or clinics .
( i) Miniature golf courses.
(j ) Museums .
(k) Open air and/or drive-in theaters.
1.
Ill Commercial horse stables pursuant to all provisions
of Articles 938 and 939.
(m) Radio or television transmitters.
(n) Recreational vehicle parks subject to locational
criteria as adopted by Resolution of the City
Council.
(o) Post offices.
(p) Health centers and health clubs (over 2500 square
feet) subject to the following:
( 1) If the facility includes the installation of
handball, racquet, or tennis courts, the
parking requirement shall be four (4) spaces
for each court plus any additional parking
spaces deemed necessary by the Planning
Commission for floor area not calculated as
court area.
(2) If the facility does not include the
installation of handball, racquet or tennis
courts, the parking requirement shall be one
( 1) space for each two hundred (200) feet of
gross floor area.
SECTION 3. The Huntington Beach Ordinance Code is hereby
amended by adding hereto new Article 922 relating to Commercial
Standards for Cl, C2, and C4 Districts.
9220 GENERAL PROVISIONS. These regulations include pro-
visions for several of the commercial districts within the city.
The Neighborhood Commercial (Cl) District is intended to provide
for limited commercial development of under one and one-half acres
on one corner of the intersection of secondary arterial highways
which is compatible with surrounding residential uses. No
automotive uses or outside storage is permitted.
The Community Business (C2) District, a more intensive zone,
permits all uses within the Cl District and, in addition, permits
general retail uses including minor automobile repair and outside
storage, subject to specific standards.
The Highway Commercial (C4) District permits all uses included in
the other commercial districts as well as hotels and motels. This
district is intended to provide tourist facilities for vacation
visitors.
9220. 1 PERMITTED USES. The following section lists uses
permitted in the commercial districts and the applicable approval
process for each one.
2 .
(a) List A - All Districts. Initial establishment of
use and occupancy for List A uses shall be permitted in the Cl, C2
and C4 districts subject to plan review approval by the Director.
In the Cl District, the individual uses shall not exceed
thirty-two hundred (3,200) square feet.-
B. Retail bakeries (maximum seating capacity of 12) .
C. Candy Stores
D. Drug stores.
F. Florists
H. Hair salons.
I . Ice cream stores.
L. Laundromats and tailor shops/dressmaking
M. Markets, meats and groceries.
P. Professional offices.
R. Restaurants ( take-out and dine-in with maximum
seating capacity of 12)
S. Shoe Repair
(b) List B - C2, C4 Districts. Initial establishment
of use and occupancy for List B uses shall be permitted in the C2
and C4 districts subject to plan review approval by the Director.
A. Animal grooming; no boarding or outdoor kennels.
Automotive parts
B. Bars/saloons and other on-sale liquor establishments
Bicycle shops.
Blueprint, copy, and print shops.
Bookstores and newsstands.
D. Department and clothing stores.
Dry cleaning (retail) .
E . Electronic part supply.
F. Financial institutions.
Frozen food lockers (retail) .
Furniture and applicance stores.
H. Home improvement, including paint, electrical,
plumbing, and hardware supplies.
Health clubs with less than twenty-five hundred
(2,500) square feet.
3.
I . Ice storage, limited to five ( 5) ton capacity.
J. Jewelry Stores
M. Marine Supplies
Movie theatres.
Music conservatories.
N. Nurseries (retail) .
0. Office supplies and stationery.
P. Pet stores.
Photography studios; equipment and sales.
R. Repair shops, appliances and electronics only.
(c) List C - C2 and C4 Districts: Use Permit. Initial
establishment of use and occupancy for List C uses shall be
permitted subject to the approval of a use permit by the Board of
Zoning Adjustments within the C2 and C4 Districts.
A. Automobile minor repair pursuant to Section 9730. 58.
Automobile, motorcycle, and recreational vehicle
sales, including service and repair as an accessory
use.
C. Carwash
G. Game arcades pursuant to Section 9220. 11.
M. Mortuaries
0. Outside uses pursuant to Section 9220.10.
R. Restaurants, including drive-through and dine-in.
Retail uses and services not specifically listed
under (a) or (b) , but of a similar nature.
(d) List D - C2, C4 Districts: Conditional Use Permit.
Initial establishment of use and occupancy for List D uses shall
be permitted within the C2 and C4 Districts (except as specified)
subject to the approval of a conditional use permit application by
the Planning Commission. Conditional Use Permits issued shall be
nontransferable for the uses below which are preceded by an
asterisk. (See Definitions for nontransferable restriction. )
A. *Adult Businesses pursuant to Article 969.
Animal clinic.
D. *Dancing and/or live entertainment, including
dancing for patrons under the age of twenty-one
(21) pursuant to Section 9220. 12 .
F. *Fortunetelling (C4 only. )
4.
H. Hotels and motels (C4 only, pursuant to Section
9220.13 ) .
L. Liquor Stores
S. Service stations pursuant to Section 9220.14.
U. Unclassified uses pursuant to Article 962.
9220.2 RESTRICTED USES.
(a) Storage permitted within the commercial districts
shall be limited to the accessory storage of retail products sold
on the premises . Outside storage and display shall be permitted
by use permit pursuant to Section 9220.10.
(b) A maximum of seven persons may be employed full
time in processing or treating retail products, limited to those
sold on the premises. This limitation is intended to prohibit all
manufacturing uses within commercial districts.
9220.3 MINIMUM PARCEL SIZE/FRONTAGE.
District Minimum Lot Size Minimum Frontage
C1 20,000 sq. ft. 100 ft.
C2/C4 10,000 sq. ft. 100 ft.
C4 20,000 sq. ft. 100 ft.
(Hotel/Motel)
9220.4 MAXIMUM DENSITY/INTENSITY. None.
9220.5 MAXIMUM BUILDING HEIGHT. Maximum building height
shall be as follows . Roof-mounted mechanical equipment shall not
exceed the height listed and shall be screened on all sides by the
architectural features of the building.
C1 20 feet
C2/C4 50 feet
C4(Hotel/Motel) 35 feet
9220.6 MAXIMUM SITE COVERAGE. None.
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5.
9220.7 SETBACKS. Setbacks are as listed below (in feet)
except if otherwise designated on the sectional district map.
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District Front Interior Side Exterior Side Rear
Cl 50 10 50 10
C2/C4 10 0 10 0
C4 15 5 10 5
(Hotel/Motel)
Exceptions.
(a) Where a parcel abuts a residential district,
interior side and rear setback requirements listed above shall be
increased by a minimum of ten (10) feet. For all uses other than
hotels and motels, the setback may be reduced to zero subject to
conditional use permit approval by the Planning Commission and
provided that the height of the structure is limited to eighteen
(18) feet within forty-five feet of the common property line.
(b) Projecting canopy structures and other
architectural features may extend five (5 ) feet into the required
front and exterior side yard setbacks for the entire width of the
building.
(c) Telephone booths shall be subject to staff approval
as to location for traffic safety purposes.
(d) All structures and buildings which are subject to
the fifty (50) feet or more setback requirement may encroach up to
twenty-five (25 ) feet if additional landscaping is provided on the
basis of one additional foot of landscaping for each one foot of
encroachment. The additional landscaping shall be provided along
the entire length of the building ' s encroachment and may be
counted towards the requirements of Article 960. The permitted
encroachment shall, in addition, be governed by the site angle
requirements depicted in Diagram A.
9220.8 FENCING. Fencing shall comply with the standards
outlined in Article 977 .
9220.9 PARKING AND LANDSCAPING. All developments shall be
required to meet the off-street parking standards and landscaping
requirements outlined -in Article 960.
9220.10 OUTSIDE USES--STORAGE AND DISPLAY. The following
regulations shall govern all outside storage and display within
the C2 and C4 Districts . No outside storage or display shall be
permitted within the Cl District. The intent of this section is
to limit the type of buildings and display items permitted within
and behind the required front and exterior side yard setbacks and
to establish comprehensive guidelines for the review of all such
requests .
i
6.
The Director shall consider the following issues in evaluating a
plan review application for outside uses: the intended duration,
location, and amount of display area; the method of display or
storage; the provisions for off-street parking and landscaping;
vehicular and pedestrian visibility at driveway access points; and
the guarantee of removal and clean-up if the use is temporary.
(a) The following items may be permitted adjacent to a
commercial building within the required setback areas. Those
items greater than six (6) feet in height shall be subject to the
site angle requirements depicted in Diagram A.
( 1) The display of a maximum of ten (10) new tires.
(2) Merchandise offered in conjunction with
approved temporary outdoor events such as
grand openings, anniversary sales, or an
ownership change. Such promotional activities
may not exceed thirty (30) days.
( 3) Auto, truck, motorcycle, boat, or recreational
vehicle sales provided that a three (3) foot
wide landscaping strip is provided along all
street frontages in addition to that which is
required by Article 960. A landscaping plan
shall be submitted for approval by the
Departments of Development Services and Public
Works in order to assure adequate pedestrian
access and compliance with adopted landscape
standards.
(4) Nursery display including plants, new garden
equipment, or trailer rentals subject to the
same landscaping standards as required above
for automobile sales.
(5) Newspaper racks.
(6) Collection containers for charitable
organizations such as Goodwill, provided they
shall not be placed on vacant lots.
(b) The following items may be permitted on a
commercial site behind all required setback areas if screened
from view on all sides by ( 1) a minimum six foot high decorative
masonry wall or a building, and (2) landscaping.
( 1) Rental equipment.
(2) Patio furniture.
(3) Masonry items, including brick, cement, stone.
(4) Lumber or fertilizer provided they are limited
in height to that of the adjacent screening
wall.
7 .
9220. 11 GAME ARCADES. Game arcades shall be permitted in
the C2 and C4 districts subject to the approval of a use permit by
the Board of Zoning Adjustments and conformance to the following
standards:
(a) Bicycle racks or a special bicycle parking area
shall be provided to eliminate obstruction of the public sidewalk
and building entry.
(b) Buffers shall be required as outlined in Section
9220.12(c) .
(c) The facility shall be situated in a commercial area
at an intersection with a traffic signal, and shall not be located
closer than one-half mile by the shortest walking distance to any
j elementary, junior or senior high school.
(d) Hours of operation shall be established by the
Planning Commission.
(e) One supervisory employee eighteen ( 18) years or
older shall be in attendance during operating hours.
9220. 12 DANCING/LIVE ENTERTAINMENT. Adult dancing and/or
live entertainment as a primary or secondary use, and dancing for
patrons under the age of twenty-one (21) shall be permitted in the
C2 and C4 districts subject to the approval of a conditional use
permit by the Planning Commission and conformance to the following
standards:
(a) The use shall comply with any applicable provisions
of the Huntington Beach Municipal Code, including Chapter 5.28,
Dance Halls, Chapter 5.44, Restaurants - Amusement and
Entertainment Premises, Chapter 5.70, Adult Entertainment
Businesses, and Chapter 8.40, Noises.
(b) For teen dancing facilities, bicycle racks or a
special bicycle parking area shall be provided to eliminate
obstruction of the public sidewalk and building entry.
(c) Buffers to provide separation between the use and
adjacent residentially zoned or general planned property shall be
provided in order to ensure effective protection from noise,
trash, and other potential nuisances. Buffers may include other
buildings, arterial streets, and permanent open space as defined
in this code. Block walls shall not be considered buffers.
9220.13 HOTELS/MOTELS. Hotels and motels shall be
permitted in the C4 district subject to the approval of a
conditional use permit by the Planning Commission and conformance
to the following standards:
(a) Hotels and motels shall be located and take access
from arterial highway.
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(b) A passive or active outdoor recreational amenity
shall be provided for the use of all guests subject to approval by
the Planning Commission.
(c) A minimum of 10% of the site shall be landscaped
and a minimum fifteen foot wide landscaped planter shall be
provided at all streetside property lines.
(d) Such use shall provide transient occupancy to
overnight guests for a maximum period of thirty consecutive days
and for a minimum daily stay.
(e) Such use shall comply with any applicable
Provisions of the Huntington Beach Ordinance Code .
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9220.14 SERVICE STATIONS. Service station uses warrant
separate consideration because they tend to have specialized
problems which require the regulation of location and design in
order to protect the health, safety and general welfare of the
community. These concerns include potential traffic hazards, the
unenclosed nature of the use, distinctive physical appearance,
hours of operation, noxious odors, noise, and the danger to life
and property due to the storage of flammable and explosive
materials .
(a) Locational Criteria. The Planning Commission shall
consider the following criteria when evaluating a proposed
conditional use permit:
(1) The site shall be at the intersection of
arterial highways or adjacent to a freeway
off-ramp. A site at the intersection of a
secondary arterial and any other highway may
be permitted if two of the remaining corners
are zoned and general planned for commercial
uses.
(2) The site ' s proximity to other service stations
or businesses associated with flammable
materials .
(3) The site ' s proximity to residences, schools,
hospitals, churches, theaters, parks, and
other places of public assembly.
(4) Potential adverse impacts on traffic
circulation and pedestrian safety the proposed
use would have on abutting streets .
(b) Prohibited Uses .
(1) No person owning, operating or having control
of a service station shall sell any alcoholic
beverage or permit or allow the sale or
consumption of any alcoholic beverage on such
premises . As used in this section, "alcoholic
9.
beverage" shall mean any malt, spiritous or
vinous liquor containing more than one-half of
1 percent or more of alcohol by volume, which
is fit for beverage purposes either alone or
when diluted, mixed or combined with other
substances.
( 2) Automobile repair shall be limited to minor
repair as defined in this code.
(c) Minimum Parcel Size and Frontage.
( 1) The minimum lot size shall be 22, 500 square
feet.
(2) The minimum frontage on any arterial highway
shall be one hundred fifty (150) feet.
(d) Accessory Uses. The accessory uses listed below
shall be permitted as included on the approved site plan. Such
uses shall be subordinate to the main operation and shall not
impede safe vehicular and pedestrian circulation or be detrimental
to surrounding properties or potential customers. Such uses shall
be included as part of the initial conditional use permit request
or shall be subject to new entitlement if proposed after the
initial application has been filed.
( 1) Convenience markets in conjunction with
gasoline sales shall be permitted provided no
automotive repair or truck or trailer rental
shall be permitted on the same site.
(2) Automatic washing, cleaning and waxing of
vehicles. Such activity shall be of an
integral design with the main structure.
(3) Vending machines provided they are placed
entirely within the main building.
(4) Tire storage provided such use is limited to a
single storage structure compatible with the
architecture of the building and limited in
size to eight (8) feet high by sixteen ( 16)
feet long. The location shall be behind
required street side setbacks, either adjacent
to the building or on an interior property
line. Outside display of any other type of
merchandise shall be prohibited.
( 5) Outside activities shall be limited to the
dispensing of gasoline, oil, water, and minor
accessory parts such as fan belts and wiper
blades. Outside storage of motor vehicles
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shall be prohibited except as provided for
truck rentals below. Outside storage shall
mean the parking of a motor vehicle outside
for a period in excess of twenty-four (24)
hours, or, if the vehicle is being serviced,
in excess of seven (7) days.
(6) Truck and utility trailer rental provided they
do not exceed twenty-five (25) feet in length,
and are stored a minimum of fifty (50) feet
from exterior property lines.
(e) Setbacks. Building setbacks shall conform to the
regulations stated for the district in which the site is located
or as specified on the sectional district maps for the site
itself. Pump islands and canopy structures shall maintain the
following setbacks from exterior property lines:
Pump island: 15 ft.
Canopy: 7 ft. with ground clearance of 12
ft. above centerline of the adjacent
street
( f) Design Standards. The following standards are
intended to encourage a safe and efficient site layout and
aesthetically pleasing architecture and landscaping.
( 1) In reviewing proposals, emphasis shall be
placed on quality design of building materials
and landscape features. Service stations
shall be designed so that form and scale are
harmonious and consistent with the character
of the specific site, the adjacent uses and
structures, and the general neighborhood.
(2) The location, number, and design of driveways
as well as on and off-site traffic circulation
impacts shall be analyzed.
( 3) Service bay openings shall be designed to
minimize the visual intrusion on surrounding
streets and properties. A maximum of three
(3) service bays shall be permitted per site,
none of which shall face a public right-of-way.
(4) Lighting shall be of low profile design,
indirect or diffused, and shall create a
pleasing appearance with no negative impact on
surrounding uses.
11 .
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(5 ) A minimum of ten (10%) percent of the site shall be
landscaped. Landscaping plans shall conform to all
applicable provisions of Article 960, as well as
conform to the following requirements:
(i) A three (3 ) foot wide planter ( inside
dimension) along interior property lines shall
be provided, except at vehicular circulation
openings . Additional landscaping may be
required to effectively screen service bays
from surrounding properties.
( ii ) A six hundred (600) square foot planter with a
minimum dimension of twenty (20) feet shall be
provided at the corner of intersecting streets.
( iii ) A total of seventy (70) square feet of
planting area shall be located adjacent to and
on the street side of the main building.
(g) Nonconforming Service Stations. Plans to
substantially alter or modernize existing service stations shall
be subject to the approval of a new conditional use permit and
conformance with all current code requirements . The reduced
requirements outlined below shall apply to existing nonconforming
service stations which shall meet all such standards by December
16, 1977.
(1) A minimum of six (6) percent of the site shall
be landscaped. Such plans shall conform to
all applicable provisions of Article 960,
Off-Street Parking and Landscaping.
(2 ) Where feasible, a minimum three (3 ) foot wide
landscape planter (inside dimension) shall be
provided along streetside property lines.
(3) A landscaped planter shall be provided at the
corner of the two intersecting streets .
(4) Where regulations for the placement of
planters would impede circulation or access,
landscaping shall be placed elsewhere on the
property to meet the minimum requirement.
(5) Trees shall be provided for the planters at a
rate of one thirty inch box tree per
forty-five (45 ) feet (or fraction thereof) of
planter length.
12 .
(6) All freestanding and attached signs shall be
altered or removed in order to comply with the
provisions of the sign code. Service stations
which were in conformance with all sign
provisions in effect on June 16, 1979, shall
not be required to come into conformance with
any newly adopted standards . Service station
signs which were not in conformance with
applicable requirements on this date shall be
required to be brought into conformance with
all provisions of the sign code as it exists
or may hereinafter be amended.
13 .
SITE ANGLE REQUIREMENTS
- �DIAGRAM A 180
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NOTE: >;:z}x:r;: � :::'}? r �{ 1
TYPICAL LOTS IN COMMERCIAL + }''' `{J '� ''� IORESICEVIIAL
DISTRICTS I f;y{M' {p�:y:1y\ti : .; DlSrRICT
[� MERCHANDISE LESS THAN
6 FT. IN HEIGHT. 25
MERCHANDISE OVER 6FT. 280
IN HEIGHT. 25,
® BUILDING ENCROACHMENT f
INTO THE REQUIRED SETBACK
(25 FT. MAXIMUM)
IH
SECTION 4. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decisions shall not affect the
validity of the remaining portions of this ordinance. The City
Council of the City of Huntington Beach hereby declares that it
would have adopted this ordinance and each section, subsection,
sentence, clause, phrase, or portions thereof, and amendments
thereto, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions, or
amendments be declared invalid or unconstitutional.
NO FURTHER TEXT ON THIS PAGE
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SECTION 5. Neither the adoption of this ordinance nor the
repeal of any ordinance shall in any manner affect the prosecution
for violation of ordinances which violations were committed prior
to the effective date hereof, nor be construed as affecting any of
the provisions of such ordinance relating to the collection of any
license or penalty of the penal provisions applicable to any
violation thereof, nor to affect the validity of any bond or cash
deposit in lieu thereof, required to be posted, filed or deposited
pursuant to any ordinance and all rights and obligations
thereunder appertaining shall continue in full force and effect.
SECTION 6. This ordinance shall take effect thirty days
after its passage.
PASSED AND ADOPTED by the City Council of the City of
Huntington beach at a regular meeting thereof held on
the 21st day of April , 1986.
L'a Va. W"�
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
� C
REVIEWED APPROVED: INITIATED AND APPROVED:
City Administrator r t r o Development
Services
Ord. No. 2829
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 7th day of April
19 86 , and was again read to said City Council at a regular
meeting thereof held on the 21st day of April 19 86 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Kelly, MacAllister, Finley, Mandic, Green, Thomas
NOES: Councilmen:
None
ABSENT Councilmen:
Bailey
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
1, Alicia M. Wentworth CITY CLERK of the City of
Huntington Beach and ex•off:cio Clerk of the City
Council, do hereby certify that a synapsis of this
ordinance has bean Published in the Huntington
Beach Independent on
.................... ....... f ,
in aceordar:tz Kith the chat t'ar c,t
ALICIA M, WENTWORtH
..
City CIO it
............1-...............OQO-A"44140.................-
I)OPuty City Clerk