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Home My WebLink AboutOrdinance #3248 ORDINANCE NO. 3248 AN ORDINANCE OF THE CITY OF H-NTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE AND THE DOWNTOWN SPECIFIC PLAN TO PERMIT CARTS AND KIOSKS WHEREAS, the City Council of the City of Huntington Beach desires to add carts and kiosks to the list of permitted uses in the Huntington Beach Municipal Code and the Downtown Specific Plan, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 4.3.01(a) of the Downtown Specific Plan is hereby amended to read as follows: 4.3.01 Permitted Uses: (a) The following list of Visitor-Serving Commercial uses in District No. 1 may be allowed. Other related uses not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For example: • Art gallery • Bakery • Banks and savings and loans branch offices (no drive-up windows; not to exceed five thousand (5,000) square feet) • Beach, swimming and surfing equipment • Bicycle sales, rental and repair • boat and marine supplies • Bookstores • Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code • Clothing stores • Delicatessens • Drug stores • Dry Cleaning • Florists • Grocery (convenience) • Hardware stores 1 41Ord:Carts2271.3/3/95 RLS 95-069 3248 • Ice cream parlors • Laundromats, Laundries • Meat or fish markets • Newspapers and magazine stores • Newstands • Office • Outdoor dining pursuant to 5.4.2.32 • Photographic equipment sales • Photographic processing • Public Facilities • Shoe stores • Sporting goods • Tourist related public and semipublic buildings, services and facilities • Travel agency SECTION 2. Section 4.5.01(a) of the Downtown Specific Plan is hereby amended to read as follows: 4.5.01 Permitted Uses. (a) The following list of uses which establishes a commercial core and which serves as the transition between visitor-serving and year round commercial uses in District No. 3 may be allowed. Other related uses not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For example: • .Art gallery • Bakeries • Banks and savings and loans branch offices (no drive-up windows; not to exceed five thousand (5,000) square feet) • Barber, beauty, manicure shops • Beach, swimming and surfing equipment • Bicycle sales, rental and repair • Boat and marine supplies • Bookstores • Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code • Clothing stores • Delicatessens • Drug stores • Florists 2 4\Ord:Cads22"/3/95 RLS 95-069 3248 • Ice cream parlors • Newspaper and magazine stores • Newstands • Outdoor dining pursuant to S.4.2.32 • Photographic equipment sales • Photographic processing • Shoe stores • Sporting goods • Tourist related public and semi-public buildings, services and facilities • Travel Agency SECTION 3. Section 4.6.01(a) of the Downtown Specific Plan is hereby amended to read as follows: 4.6.01 Permitted Uses. (a) The following list of principal uses in District No. 4 may be allowed. Other office-residential related uses not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For example: • Office Use - professional, general business and non-profit offices. • Outdoor dining pursuant to S.4.2.32 • Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code • Commercial Use- Commercial uses which are integrated within and clearly incidental to an office use, shall be permitted provided that it cumulatively does not exceed ten (10) percent of total gross floor areas of the development. Note: Single Family Detached dwellings which comply with the development standards in District 94 shall be subject to the approval of the Design Review Board in lieu of a conditional use permit. SECTION 4. Section 4.7.01(a) of the Downtown Specific Plan is hereby amended to read as follows: 4.7.01 Permitted Uses. (a) The following list of uses which establishes a commercial core and which serves as the transition between visitor-serving and year round 3 410r&Cw%2 2 713/3 19 5 RLS 95-069 3248 commercial uses in District No. 5 may be allowed. Other commercial/office/residential related uses not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For example: • Antique stores • Art gallery • Bakeries • Banks and savings and loans branch offices • Barber, beauty, manicure shops • Beach, swimming and surfing equipment • Bicycle sales, rental and repair • Boat and marine supplies • Boutiques • Bookstores • Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code • Clothing stores • Delicatessens • Drug stores • Dry cleaning • Florists • Groceries • General retail • Hardware stores • Hobby supplies • Ice cream parlors • Jewelry stores • Laundromats • Newstands • Office Supplies • Offices • Outdoor dining pursuant to 5.4.2.32 • Photographic equipment sales • Photographic processing • Shoe repair • Shoe stores • Sporting goods • Stationery stores • Tailor shops • Travel Agency i 4 414rd:Carts22T3/3/95 RIS 95-069 3248 SECTION 5. Section 4.8.01(a) of the Downtown Specific Plan is hereby amended to read as follows: 4.8,01 Permitted Uses. (a) The following list of uses which establishes new neighborhood commercial uses and which cater to year round residents in District No. 6 may be allowed. Other commercial/office/residential related uses not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For example: • Antique stores • Art gallery • Bakeries • Banks and savings and loans branch offices • Barber, beauty, manicure shops • Beach, swimming and surfing equipment • Bicycle sales, rental and repair • Boat and marine supplies • Boutiques • Bookstores • Carts and Kiosks pursuant to Section 23 0.94 of the Huntington Beach Municipal Code • Clothing stores • Delicatessens • Drug stores • Dry cleaning • Florists • Groceries • General retail • Hardware stores • Hobby supplies • Ice cream parlors • Jewelry stores • Laundromats • Newstands • Office Supplies • Offices • Outdoor dining pursuant to S.4.2.32 • Photographic equipment sales • Photographic processing • Shoe repair • Shoe stores 5 410rd:Carts227L313/95 RLs 95-069 3248 • Sporting goods • Stationery stores • Tailor shops • Travel Agency SECTION 6. Section 4.9.01(a) of the Downtown Specific Plan is hereby amended to read as follows: 4.9.01 Permitted Uses. (a) The following list of Visitor-Serving Commercial uses in District No. 7 may be allowed. Other related uses not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For example: • Art gallery • Bakeries • Banks and savings and loans branch offices (not to exceed five- thousand (5,000) square feet) • Beach, swimming and surfing equipment • Bicycle sales, rental and repair • Boat and marine supplies • Bookstores • Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code • Clothing stores • Delicatessens • Florists • Groceries (convenience) • Ice cream parlors • Laundromats, laundries • Meat or fish markets • Newsstands • Outdoor dining pursuant to S.4.2.32 • Photographic equipment sales • Photographic processing • Professional Office (not to exceed fifty [50] percent of total floor area) • Public Transportation Center • Shoe stores • Sporting goods • Tourist related public and semi-public buildings, services and facilities E • Travel Agency 6 41Ord:Carts227\313/9 5 RLS 95-069 3248 Note: Visitor-serving commercial uses must be a part of all development proposals in this District, with a minimum requirement that the entire street level be devoted to Visitor-Serving Commercial Uses. SECTION 7. Section 4.11.01(a) of the Downtown Specific Plan is hereby amended to read as follows: 4,11,01 Permitted Uses. (a) The following list of commercial recreation uses in District No. 9 may be allowed. Other related uses not specified herein may be allowed subject to the approval of the Director. A change of use shall be subject to the approval of the Director. For example: • Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code • Retail sales • Tourist related uses • Outdoor dining pursuant to S.4.2.32 SECTION 8. Section 4.12.01(a) of the Downtown Specific Plan is hereby amended to read as follows: 4.12.01 Permitted Uses. (a) The following list of pier related commercial uses in District No. 10 may be allowed. Other related uses not specified herein may be allowed subject to the approval of the Director. A change of use shall be subject to the approval of the Director. For example: • Bait and tackle shops • Beach rentals • Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code • Retail sales (beach related) • Outdoor dining pursuant to S.4.2.32 SECTION 9. Chapter 203 of the Huntington Beach Municipal Code is hereby amended by adding new definitions thereto to read as follows: Cart/Kiosk: Any portable, non motorized unit used by a vendor. Private Property: Property owned in fee by an individual, corporation, partnership, or a group of individuals as opposed to public property. 7 410rd:Carts22713/3/95 RLS 95-069 3248 Public Property: Property dedicated through acquisition or easement for public use which includes but is not limited to streets, alleys, parks, public right-of-ways, and sidewalks. Specific Event: A short term temporary use of public property as defined in Section 5.68.010. SECTION 10. Section 211.04 of the Huntington Beach Municipal Code, entitled"CO, CG and CV Districts: Land Use Controls," is hereby amended to add new subpart (U) to the list of Additional Provisions, to read as follows: (U) See Section 230.94: Carts and Kiosks SECTION 11. Section 211.04 of the Huntington Beach Municipal Code, entitled "CO, CG and CV Districts: Land Use Controls," is hereby amended to add Additional Provision (U) to the list of land use controls required for Retail Sales, as follows: CO CG CV Additional Provisions Retail Sales - P P (U) SECTION 12. Title 23 of the Huntington Beach Municipal Code is hereby amended to add new Section 230.94 to read as follows: 230.94 Carts and Kiosks. Carts and kiosks may be permitted on private property zoned for commercial purposes, subject to conditional use permit approval by the Zoning Administrator and compliance with this section. Carts and Kiosks may be permitted as a temporary use on public property subject to Specific Event approval pursuant to Chapter 5.68. A. LOCATION AND DESIGN CRITERIA Cart and Kiosk uses shall conform to the following: 1. No portion of a cart or kiosk shall overhang the line. property 2. The cart or kiosk shall not obstruct access to a parked vehicle, impede the delivery of materials to an adjoining property, interfere with access to an adjoining property or interfere with maintenance or use of street furniture. i 8 41Ord:Carts227\3/3/9 5 RLS 95-469 3248 3. The cart or kiosk shall not exceed a maximum of four(4) feet in width excluding any wheels, eight (8) feet in length including any handle, and no more than six (6) feet in height excluding canopies, umbrellas or transparent enclosures unless a larger size is approved by the Zoning Administrator. B. FACTORS TO CONSIDER The Zoning Administrator shall consider the following factors regarding the location and the design of cart or kiosk uses including: I. Appropriateness of the cart or kiosk design, color scheme, and character of its location; 2. Appropriateness and location of signing and graphics; 3. The width of the sidewalk or pedestrian accessway; 4. The proximity and location of building entrances; 5. Existing physical obstructions including, but not limited to signposts, light standards, parking meters, benches, phone booths, newsstands, utilities and landscaping. 6. Motor vehicle activity in the adjacent roadway including but not limited to bus stops, truck loading zones, taxi stands, hotel zones, passenger loading or parking spaces; 7. Pedestrian traffic volumes; and S. Handicapped accessibility. C. OPERATING REQUIREMENTS, PROVISIONS AND CONDITIONS 1. During hours of operation, the cart or kiosk must remain in the location specified on the approved site plan. 2. A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles. 3. The cart or kiosk operator shall pay all fees and deposits required by the Huntington Beach Municipal Code prior to establishment of the use. 4. All provisions of the Huntington Beach Municipal Code which are not in conflict with this section shall apply. 9 41Ord:Carts227L3/3/95 RLS 95-069 3248 5. The prices of items sold from a cart or kiosk must appear in a prominent, visible location in legible characters. The price list size and location shall be reviewed and approved by the Zoning Administrator. 6. The sale of alcoholic beverages shall be prohibited. 7. The number of employees at a cart or kiosk shall be limited to a maximum of two persons at any one time. 8. Fire extinguishers may be required at the discretion of the Fire Department. 9. All cart and kiosk uses shall be self contained for water, waste, and power to operate. 10. A cart or kiosk operator shall provide a method approved by the Zoning Administrator for disposal of business related wastes. D. PARKING Additional parking may be required for cart or kiosk uses by the Zoning Administrator. E. REVIEW; REVOCATION The Community Development Department shall conduct a review of the cart or kiosk operation at the end of the first six month period of operation. At that time, if there has been a violation of the terms and conditions of this section or the conditional use permit, a public hearing shall be scheduled before the Zoning Administrator for revocation pursuant to Sections 241.16 and 249.06. SECTION 13. Enforcement hereof shall be by the Community Development Director or his/her designated agent. 10 410rd:C arts227\313/9 5 RLS 95-069 3248 SECTION 14. Any existing cart or kiosk use that has been established without prior conditional use permit approval sball obtain a conditional use permit and, if applicable, a license agreement within 90 days following the effective date of this ordinance, PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15thday of May , 1995. f Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 31�s REVIEWED AND APPROVED: WTIATED AND APPROVED: City Administrator Director of Commu ' y Development i 11 41ord:Carts227\313195 RL.S 95-469 Ord. No. 3248 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-offlcio Clerk of the City Council of 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 an re lar meeting thereof held on the 1st of May,_1995, and was again read to said City Council at a regular meeting thereof held on the 15th of May, 1995, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Councilmembers: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: Councilmembers: None ABSENT: Councilmembers: None 1, Ci-nnie Brockway Cf i Y CLERK of the City of Huntington Beach and ex-0fficio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Dailj Pilot on City Clerk and ex-officio Clerk of the City Council of the City In accordance wi the City Charter of said City. of Huntington Beach, California Connie Brockway City Clerk C t. r Ci#y k G/kw/indexes/ordbkpg 5116/95