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Home My WebLink AboutOrdinance #2849 ORDINANCE NO. 2849 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 949 AND TO RE-TITLE CHAPTER 92 "OFFICE AND COMMERCIAL DISTRICTS" AND ADDING THERETO NEW ARTICLE 924 ENTITLED "VISITOR-SERVING COMMERCIAL DISTRICT (VSC) " Beach does ordain The City Council of the City of Huntington as follows : SECTION 1. Article 949 of the Huntington Beach Ordinance Code is hereby repealed. SECTION 2. The Huntington Beach Ordinance Code is hereby amended by re-titling Chapter 92 "Office and Commercial Districts" .. SECTION 3 . The Huntington Beach Ordinance Code is hereby amended by adding thereto new Article 924, entitled "Visitor-Serving Commercial District (VSC) " to read as follows: 9240 GENERAL PROVISIONS. The purpose of the Visitor-Serving Commercial (VSC) District is to implement the General Plan designation of Commercial-Visitor Serving and to provide for hotels, motels, restaurants and other retail and service uses of specific benefit to both coastal visitors and permanent residents. 9241 PERMITTED USES . (a) Use Permit. The following uses shall be permitted in the VSC District subject to use permit approval by the Board of Zoning Adjustments. A. Antique Store Art gallery and/or dealer Arts and crafts supplies B. Bakery Beach, swimming and surfing equipment Bicycle sales, repair and rental shop Boat and marine supplies Bookstore Botanical garden 1. i C. Camera shop Clothing store Confectionary store Convenience market D. Delicatessen Drug Store F. Financial Institutions Flower shop G. Gift/Curio Shop H. Hair and nail salons (appurtenant to a hotel or motel) Health clubs less than two thousand five hundred (2,500) square feet I . Ice cream parlor J. Jewelry store L. Laundries (self-service or pick-up) M. Marine insurance P. Photographic studio Photographic processing (no more than one (1) developing machine) Photographic equipment sales R. Real estate office (in conjunction with sale/management on-site) Restaurant (excluding drive-thru) S. Shoe store Sporting goods store T. Travel Agency Tourist-related public and semipublic buildings, services and facilities such as, but not limited to, museums or tourist information bureaus Y. Yacht broker (b) Conditional Use Permit. The following uses shall be permitted in the VSC District subject to approval of a conditional use permit by the Planning Commission: B. Bar/cocktail lounge C. Cabaret Club and lodge (private) D. Dancing and/or live entertainment as a primary or accessory use 2. s H. Hotel or motel pursuant to Article 922 L. Liquor stores 0. Office (business and professional) provided the entire street level or one-third (1/3 ) of the total floor area (with at least fifty percent (50%) on the street level) shall be devoted to visitor-serving uses* Outdoor retail sales as a primary use Outdoor eating area R. Residential uses not to exceed twenty-five (25) units per acre provided the entire street level or one-third (1/3) of the total floor area (with at least fifty percent (50%) on the street level) shall be devoted to visitor-serving uses* Restaurants, drive-thru S. Service stations pursuant to the commercial district regulations * Visitor-serving uses must either be provided prior to other development, or assured as part of the development. In the event of a consolidation of a minimum one block area, or eighty-seven thousand (87,000) square feet, such 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 plan 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. 9242 MINIMUM PARCEL SIZE/FRONTAGE. Minimum Parcel Size: 10,000 square feet Minimum Lot Width: 100 feet Minimum Lot Depth: 100 feet 9243 MAXIMUM HEIGHT. Maximum height shall be fifty (50) feet,including any rooftop mechanical equipment. 9244 MAXIMUM SITE COVERAGE. Maximum site coverage shall be fifty percent 50% . 3 . 9245 SETBACKS. Setbacks are as listed below, except if depicted otherwise on the sectional district map. Interior side and rear setbacks shall be increased where the site abuts a residential district; this figure is indicated in parenthesis below. Front: 10 feet Side - Interior: 0 (10) feet - Exterior: 10 feet Rear: 0 (10) feet 9246 OPEN SPACE. (a) For any development devoted exclusively to commercial uses, public open space shall be ten percent (10%) of the site area. In mixed use developments which include residential units, public open space shall be five percent (5%) of the site area and may have the common recreation space requirements applied toward meeting this requirement. For the purposes of meeting these requirements, only one-half of the public open space provided above the second floor shall be counted. Setbacks shall not be used for meeting open space requirements. (1) Public open space shall be accessible to the public and provided in the form of open air commercial uses which are open to the street on the first floor, open on at least one side above the first floor; or open to the sky, or by any of the following: patios, plazas, balconies, gardens, or view areas. (b) The combined total of private and common recreation space for the residential portion of mixed use developments shall be twenty-five percent (25% ) of the residential floor area. Setbacks shall not be used for meeting open space requirements. (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; 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; 4. e. Minimum square footage shall be as follows, depending upon the unit size: Bachelor or studio: 60 One (1) bedroom: 75 Two (2 ) bedroom: 100 Three (3) bedroom: 150 Three or more bedrooms: 200 (2) Common recreation 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. 9247 PARKING AND LANDSCAPING. All developments shall be required to meet the off-street parking and landscaping standards outlined in Article 960. 9248 MISCELLANEOUS PROVISIONS. (a) Refuse Collection Areas . All refuse and refundable bottle or container collection areas shall be screened from view on all sides by a six (6) foot high decorative masonry wall. Residences shall be provided with collection areas separate from those for any commercial uses and located within two hundred (200) feet. (b) Accessory Structures. All structures customarily incidental to a permitted main use may be constructed on any lot with a main building provided that such structure shall be a maximum fifteen (15) feet in height and ten (10) feet from any other structure on the same lot. Setbacks shall be as required by this article. Multi-story parking structures are excluded from the provisions of this subsection. 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 decision 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 5. 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 are declared invalid or unconstitutional. SECTION 5. The provisions of this ordinance insofar as they are substantially the same as existing provisions of the Huntington Beach Ordinance Code relating to the same subject matter shall be construed as restatements and continuations and not as new enactments . 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 July 1986 . Mayor i ATTEST: APPROVED AS TO FORM: iz K2 Ci y er City Attorne n REVIEWED AND APPROVED: INITIATED AND APPROVED 'i City AdmilfffstratoV irec or Z5f Development Services 6. i Ord. No. 2849 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 l q t h day of D a„ 1986 , and was again read to said City Council at a regular meeting thereof held on the 21st day of J jnP 19gr, 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, MacA11ZstPr, Manriir . Rai ley, Green NOES: Councilmen: None ABSENT: Councilmen: Finley, Thomas 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•officio Clerk of the City Council, do hereby certify that a synopsis of this ordinance has been published In the Huntington Beach Independent on c in.accordance with the City Chai.er ct said City. AUCiA M+it EN WORTH ...........................................................'1..............City Clerk sty C"Clerk