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HomeMy WebLinkAboutOrdinance #2905 ORDINANCE NO. 2905-A AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 940 AND 949 .5, BY ADDING ARTICLE 920 "OFFICE PROFESSIONAL DISTRICT, " AND AMENDING SECTIONS 9021 AND 9060 The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. The Huntington Beach Ordinance Code is hereby amended by repealing Article 940 and Article 949 .5 . SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by adding Article 920 and amending Sections 9021 and 9060 as follows: S. 9200 GENERAL PROVISIONS. ` The Office Professional district is intended to provide for professional office uses as specified. S. 9200 .1 PERMITTED USES. The following uses shall be permitted in the OP district subject to plan review approval by the Director : (a) Professional offices, including, but not limited to, accountant, architect, attorney, chiropractor, collection agency, dentist, engineer , insurance broker, optometrist, physician and surgeon, private detective, real estate sales, social workers, surveyor and pharmacies. (b) Diagnostic laboratories and biochemical laboratories that do not exceed fifteen hundred (1500 ) square feet . S. 9200 .2 USE PERMIT. The following uses shall be permitted in the OP district subject to use permit approval by the Zoning Administrator : ( a) Diagnostic laboratories and biochemical laboratories exceeding fifteen hundred ( 1500 ) square feet. (b) Emergency medical centers and clinics, provided that any such facility operating between the hours of 10 :00 p.m. and 8 :00 a.m. shall be located a minimum of 150 feet from any residentially zoned property. (c) Uses of a similar nature, but not specifically listed in Section 9200 .1. S. 9200 .3 CONDITIONAL USE PERMIT. The following uses shall be permitted subject to conditional use permit approval by the Planning Commission: 1. (a) Building heights between twenty-five and thirty-eight feet when located within forty-five (45 ) feet of any property zoned or general planned for single family residential use. (b) Unclassified uses pursuant to the provisions of Article 963 . S. 9200 .4 MINIMUM PARCEL SIZE/FRONTAGE. A licensed land surveyor or civil engineer shall submit calculations showing lot width, depth, and area for any new parcel . (a) The minimum lot size shall be ten thousand ( 10 ,000 ) square feet . (b) The minimum lot frontage shall be one hundred (100 ) feet . (c ) Exception 1 : Any parcel or lot, or combination of parcels and lots, existing as a legal building site on or before June 19 , 1972, the effective date of Ordinance 1754, shall be considered a legal building site. Exception 2 : Any parcel or lot, or combination of parcels and lots, existing as a legal building site between June 19, 1972 , and November 4, 1987 , the effective date of Ordinance 2905, shall be considered a legal building site. S. 9200 .5 MAXIMUM BUILDING HEIGHT . The maximum building height shall be three (3 ) stories, but not to exceed thirty-eight (38 ) feet . Within forty-five (45 ) feet of any property zoned or general planned for single family residential use, building height shall be limited to two (2 ) stories and/or twenty-five (25 ) feet, except upon conditional use permit approval by the Planning Commission. Roof-mounted mechanical equipment shall be screened on all sides by the architectural features of the building. S. 9200 .6 SETBACKS. Setbacks are as listed below except if otherwise designated on the sectional district map. Front: 10 feet . Parcels fronting on a state highway shall be fifty (50 ) feet, except such setback may be reduced pursuant to S. 9220 .7 (d) . Interior side: 5 feet, except parcels abutting an R1 Dis- trict shall be minimum 15 feet . Exception: Expansions to existing buildings constructed prior to the effective date of this ordinance may be expanded at the legally estab- lished setback . Exterior side: 10 feet Rear : 5 feet, except parcels abutting an R1 District shall be a minimum of 15 feet . 2 . S. 9200 .7 PARKING AND LANDSCAPING. All developments shall be required to meet the off-street parking standards and landscaping requirements contained in Article 960 . S. 9021 APPLICATION. ( a) Scope. The provisions of these zoning regulations shall apply to all properties located wihin the city boundaries and to those areas the city chooses to designate outside of the incor- porated city limits, but within the city's adopted sphere of influence. (b) District Maps. The location and boundaries of the various zoning districts is as delineated on the zoning maps which include an index map and sectional district maps of the city. They are adopted in their entirety as Article 906 of this code. (c) District Boundaries . Boundaries of the zoning districts shall be made by ordinance adopting or amending the district maps. It is the intent to place zoning boundaries on or following property lines and/or streets . Where uncertainty exists as to the specific district boundary, the following rules shall apply: ( 1 ) Where such boundaries are indicated as approxi- mately following street or lot lines, such lines shall be construed to be the boundaries . (2 ) Where a district boundary divides a lot, the loca- tion of such boundary, unless indicated by dimen- sions, shall be determined by the scale appearing on the map. ( 3 ) Where a public street or alley is officially vacated or abandoned, the area shall acquire the classifica- tion of the property to which it reverts. (4 ) Where uncertainty remains as to a district boundary line, the City Council shall interpret and deter- mine the boundary upon written request. (d) Special Standards Depicted on District Maps. The requirements for lot size, lot width, setbacks, and density may be established as different from those set forth in district regula- tions if designated on the sectional district maps as outlined below. ( 1) Minimum Parcel Size. A numerical suffix to the district symbol which is greater than one hundred ( 100 ) square feet. A numerical prefix to the district symbol which is less than one hundred (100 ) shall designate the minimum parcel size in acres. 3 . (2 ) Minimum Parcel Frontage . A numerical prefix to the district symbol which is connected by a hyphen shall designate the minimum lot width in feet. (3 ) Setbacks . Special setback requirements may be indicated on the district maps which may show the dimensions of such required setbacks. (4 ) Maximum Density/Intensity. A numerical suffix to the district symbol which is in parenthesis shall designate the maximum number of units per gross acre for the site. (e) Annexations/Pre-Zoning. Unincorporated territory adjacent to the city may be prezoned for the purposes of deter- mining the zone district which will apply in the event of annexa- tion to the city. The procedure for prezoning property shall be the same as that for zone changes within the city. Such zoning shall become effective at the time the annexation becomes effec- tive. Any property which, after annexation or for any other reason, does not have a designation on the zoning map shall be deemed to be zoned R1, Single Family Residential . (f) Enforcement. ( 1) It shall be the duty of the director to enforce the provisions of the ordinance code. Officials and public employees of the city of Huntington Beach shall not issue permits or licenses for structures or uses which are in conflict with the provisions of this code. Any such permits or licenses issued in conflict with this code shall be deemed null and void. (2 ) No person shall use a building, structure, land or lot or portion thereof for any purpose or in any manner whatsoever unless permitted to do so by applicable provisions of this code for the district where such building, structure, land or lot is located. (3 ) Any person violating the provisions of the ordinance code shall be guilty of a misdemeanor . Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which the violation is committed, and upon conviction shall be punishable by a fine of up to five hundred dollars ($500 ) or by imprisonment for up to six (6 ) months in the Orange County jail or in Huntington Beach jail, or by both fine and imprisonment. ( 4 ) In addition to the penalties stated above, any con- dition permitted to exist in violation shall be deemed a public nuisance and may be summarily abated 4 . by the city. Any building or structure erected, placed, altered or enlarged contrary to the provi- sions of the ordinance code; and any use of land, building or premises established, conducted, operated or maintained contrary to the provisions of the ordinance code is hereby declared to be unlawful and a public nuisance. Upon direction, the city attorney shall immediately commence proceedings for the abatement, removal and enjoinment of the viola- tion and shall seek court action to abate and remove such building or structure, and restrain and enjoin any person from using or maintaining any property contrary to these provisions. S . 9060 ZONE DISTRICTS. In order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and open space; and to regulate population density; the following zone classifications and their abbreviations are established: RA Residential Agriculture R1 Single Family Residential R2 Medium Density Residential R3 Medium-High Density Residential R4 High Density Residential OT Oldtown TL Townlot MH Mobilehomes -PD Planned Development suffix -MFH Manufactured Home suffix -SR Senior Residential suffix OP Office Professional C1 Neighborhood Commercial C2 Community Business C4 Highway Commercial VSC Visitor-Serving Commercial MI-A Restricted Manufacturing M1 Light Industrial M2 Industrial SP-1, SP-2 Special Zone - Cemeteries LU Limited Use ROS Recreational Open Space Sl Shoreline CC Coastal Conservation WR Water Recreation FP Floodplain -CZ Coastal Zone suffix -0, -01 Oil suffix -CD Civic District suffix CF Community Facilities Overlay -MS Multi-story suffix Q Qualified classification 5 . The following designations also appear on the sectional district maps. They refer to specific plans that are available under separate cover from the City Clerk and Department of Development Services. North Huntington Center Specific Plan Pacifica Community Plan Seabridge Specific Plan Huntington Harbour Bay Club Specific Plan Downtown Specific Plan PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of October r 1987. 0 ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director, Co munity Development 2523L ps 6 . Ord. No. 2905A 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 21st day of September 19 87 , and was again read to said City Council at a regular meeting thereof held on the 5th day of October , 19 87 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES Councilmen: Winchell, Mays, Finley, Kelly, Bannister NOES: Councilmen: None ABSENT: Councilmen: Erskine, Green City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California i, 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 puatliished in the on ccof day., th tt,eO'ty Cy, v;` U y. a 1 ALICIA M. WENTWORTH City Clerk R _.F ..... ......... .... Deputy City Clerk