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HomeMy WebLinkAboutOrdinance #2987 ORDINANCE NO. 2987 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9220 . 1(b) , 9220 .2 (d) , 9220 . 14 (b) , 9510 .01 ( c) , 9530 .01( c) , 9645 .1(a) (6 ) AND ADDING THERETO SECTIONS 9636 . 1 The City Council of the City of Huntington Beach does ordain as follows: SECTION 1 . The Huntington Beach Ordinance Code is hereby amended by amending Sections 9220 . 1(b) , 9220 .2( d) , 9220 . 14 (b) , 9510 . 01 (c) , 9530 .01 ( c) , 9645. 1( a) ( 6 ) to read as follows : §9220 . 1 (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 . 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 appliance stores H . Home improvement, including paint, electrical plumbing, and hardware supplies Health clubs with less than twenty-five hundred (2500 ) square feet 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 §9220 .2 (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. Alcoholic Beverage Sales pursuant to Article 963 *Adult business pursuant to Article 975 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) H . Hotels and motels (C4 only, pursuant to Section 9220 . 13 ) S. Service stations pursuant to Section 9220 .14 U. Unclassified uses pursuant to Article 963 §9220 . 14 (b) Prohibited uses ( 1 ) Automobile repair shall be limited to minor repair as defined in this code. 2 - §95103 (c) The following uses may be permitted subject to the approval of a conditional use permit by the Planning Commission: ( 1) Mixed Use Developments (refer to Section 9510 . 14 ) . (2 ) Restaurants or sandwich shops (2710-9/84 ) ( 3 ) Unclassified Uses pursuant to Article 963 §9530 .01(c) The following uses may be permitted subject to the approval of a conditional use permit by the Planning Commission: ( 1 ) Mixed Use Developments (refer to Section 9530 . 14 ) . (2 ) Major outside storage or operations ( 3 ) Automobile dismantling and storage ( refer to Section 9530 . 16 ) . (4 ) Restaurants or sandwich shops (2710-9/84 ) (5 ) _ '-' TTses pursuant to Article 963 §9645 . 1(a ) Dis 1„ ( 1 �/ a `�') iospitals (2 S; ( residential sanitariums; without d nformance with lards contained in Article (7 ) Apartments or condomiums when support services prescribed herein are integrated into such structures to implement the purpose of this article. ( 8 ) Support services to apartments and condominiums, including but not limited to, eating facilities, beauty/barber 3 - shops, libraries, private health clubs, health care facilities and retail commercial establishments . SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by adding thereto Sections 9636 and 9636 . 1 to read as follows : §9636 Alcoholic Beverage Sales A conditional use permit shall be required for any business proposing to sell alcoholic beverages for on-site or off-site consumption. §9636 .1 Exceptions . The following uses are exempt from the conditional use permit process. A. Retail markets which have 20,000 square feet or more of floor area and no more than 10 percent of the floor area devoted to sales, display, and storage of alcoholic beverages, and not in conjunction with the sale of gasoline or other motor vehicle fuel . B. Retail markets with less than 20 ,000 square feet of floor area, restaurants, bars, and liquor stores which satisfy the following requirements: ( 1 ) The subject property shall be located a minimum 300 feet from any residence, school, church, or public use, i .e. park, hospital, boys/girls club; (2 ) The restaurant shall be licensed by the State of California as a bona fide eating establishment; contain a fully equipped and permanently maintained kitchen; have a bar or lounge area with less floor area than the dining area; and no separate outside entrance to the bar or lounge area; ( 3 ) Retail markets with less than 20 ,000 square feet of floor area shall have no signs advertising the sale of alcoholic beverages directed toward persons outside of the building and no more than 10 percent of the floor area devoted to sales, display and storage of alcoholic beverages . ( 4 ) The sale of market goods shall not be carried on in conjunction with the sale of gasoline or other motor vehicle fuel . C . Florists shops offering the sale of a bottle of an alcoholic beverage together with floral arrangement . - 4 - D. Temporary Outdoor Events pursuant to Section 9730 .64 . SECTION 3 . 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 21 stday of February , 198 . Mayor ATT ST: APPROVED AS TO FORM: City Clerk /-�i. ity Attorney (:�j� �-" C� REVIEWED AND APPROVED: INITI ED AND APPROVED: City Administrator Direct r of Community Development 3859L 5 - 2987 Ord. No. 2987 STATE OF CALIFORNIA ) COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH , I, CONNIE BROCKWAY, 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 mernbers 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 therof held on the 6th day of February 1989 ___, and was again read to said City Council at a regular,._-_-_-__ meeting therof held on the 21st day of February 1989 , and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: MacAllister, Green, Winchell , Bannister, Mays, Silva, Erskine NOES: Councilmembers: None ABSENT: Councilmembers: None . yr CITY Clerk of the Cit of I, Connie Brockway, Y Huntington Beach and ex-offloo Clerk of the City Council, do hereby certify that a synopsis of this City Clerk and ex-offi .i o Clerk ordinance has been publis,"ed in t"�A ney Pilot on of the City Council of the City of Huntington Beach, California In accordance 7,.-J- Connie Clerk