HomeMy WebLinkAboutOrdinance #3378 ORDINANCE NO. 3378
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTERS 204, 211, 212, 231 AND 236 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE CHANGING THE ZONING
DESIGNATION FOR SEX ORIENTED BUSINESSES (ZTA NO. 97-4)
WHEREAS, pursuant to the State Planning and Zoning Law, the Huntington Beach
Planning Commission and Huntington Beach City Council have held separate public hearings
relative to Zoning Text Amendment No. 97-4 wherein both bodies have carefully considered all
information presented at said hearings, and after due consideration of the findings and
recommendations of the Planning Commission and all evidence presented to said City Council, the
City Council finds that such zoning text amendments are proper, and consistent with the General
Plan.
NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as
follows:
SECTION 1. That Huntington Beach Zoning and Subdivision Ordinance, Chapter 204,
Use Classifications, is hereby amended by deleting Adult Businesses as a use classification and
adding"Sex Oriented Business," as contained in Exhibit "A" attached hereto.
SECTION 2. That the Huntington Beach Zoning & Subdivision Ordinance, Chapter 211,
Commercial Districts, is hereby amended by deleting Adult Businesses from the commercial zone,
as contained in Exhibit "B" attached hereto.
SECTION 3. That Huntington Beach Zoning& Subdivision Ordinance, Chapter 212,
Industrial Districts, is hereby amended by adding Sex Oriented Businesses as permitted uses in the
industrial zone, as contained in Exhibit "C" attached hereto.
SECTION 4. That Huntington Beach Zoning & Subdivision Ordinance Chapter 231,
Off-Street Parking and Loading Provisions, is hereby amended by deleting parking requirements
for"Adult Businesses" and adding parking requirements for"Sex Oriented Businesses, as
contained in Exhibit "D" attached hereto.
SECTION 5. That Huntington Beach Zoning& Subdivision Ordinance Chapter 236,
Non-conforming Uses and Structures, is hereby amended by adding"Sex Oriented Businesses," as
contained in Exhibit "E" attached hereto.
SECTION 6. That after careful consideration of the locational criteria for sex oriented
businesses, those parcels which are in substantial compliance with the locational criteria as of the
effective date of this ordinance have been designated as available sites on the map attached hereto
as Exhibit"F." Further, Claremont School closed on or about September 15, 1997. The map
further identifies those parcels which will become available sites if the School remains closed
through September 15, 1998 and the Conditional Use Permit for Claremont School expires.
1
jmp/jmp/sobzn/11/4197
3378
SECTION 7. This ordinance shall take effect 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 5th day of jam Lary 1998
ATTEST: .
Mayor
City Clerk
APPROVED AS TO FORM:
REVIEWED AND APPROVED: �=
2�-(�6 Attorney
nt-s r
City AAministrator INITIATED AND APPROVED:
Director of Comm ty Development
Exhibits: A: Chapter 204, Use Classifications
B: Chapter 211, Commercial Districts
C: Chapter 212, Industrial Districts
D. Chapter 231, Off-Street Parking and Loading Provisions
E: Chapter 236, Non-conforming Uses and Structures
F: Map of Available Industrial SOB Sites
2
jmp/jmp/sobzn/11/4/97
3378
No
yTQp }},/��/ fir{ TT7�1p f](1�1j (1 f] (f
4i+�� 1 O'7sl.li �5S1G.1x101<iS- Y rY�
Sections:
204.02 Applicability
204.04 Uses Not Classified
204.06 Residential Use Classifications
204.08 Public and Semipublic Use Classifications
204.10 Commercial Use Classifications
204.12 Industrial Use Classifications
204.14 Accessory Use Classifications
204.16 Temporary Use Classifications
204.02 Applicability
Use classifications describe one or more uses having similar characteristics, but do not list
every use or activity that may appropriately be within the classification. The Director shall
determine whether a specific use shall be deemed to be within one or more use
classifications or not within any classification in this Title. The Director may determine
that a specific use shall not be deemed to be within a classification, if its characteristics are
substantially different than those typical of uses named within the classification. The
Director's decision may be appealed to the Planning Commission. (3334)
204.04 Uses Not Classified
Any new use, or any use that cannot be clearly determined to be in an existing use
classification, may be incorporated into the zoning provisions by a Zoning and Subdivision
Ordinance text amendment, as provided in Chapter 247. Such an incorporation shall not be
effective unless certified by the Coastal Commission as a Local Coastal Program
amendment. (3334)
204.06 Residential Use Classifications
A. Day Care, Limited (or Small-Family). Non-medical care and supervision of
six or fewer persons on a less than 24-hour basis. This classification
includes nursery schools, preschools, and day-care centers for children and
adults.
B. GroW Residential. Shared living quarters without separate kitchen or
bathroom facilities for each room or unit. This classification includes
boarding houses, but excludes residential hotels or motels.
1
WsJM-204-Fin
10/30/97
EXHIBIT A
3378
C. Multifamily Residential. Two or more dwelling units on a site. This
classification includes manufactured homes.
D. Residential Alcohol Recovery, Limited. Twenty-four-hour care for no more
than six persons suffering from alcohol problems in need of personal
services, supervision, protection or assistance. This classification includes
only those facilities licensed by the State of California.
E. Residential Care. L imited. Twenty-four-hour non-medical care for 6 or
fewer persons in need of personal services, supervision, protection, or
assistance essential for sustaining the activities of daily living. This
classification includes only those services and facilities licensed by the State
of California.
F. Single-Family Residential. Buildings containing one dwelling unit located
on a single lot. This classification includes manufactured homes.
204.08 Public and Semipublic Use Classifications
A. Cemeterv. Land used or intended to be used for the burial of human remains
and dedicated for cemetery purposes. Cemetery purposes include
columbariums, crematoriums, mausoleums, and mortuaries operated in
conjunction with the cemetery, business and administrative offices, chapels,
flower shops, and necessary maintenance facilities.
B. Clubs and Lodges. Meeting,recreational, or social facilities of a private or
nonprofit organization primarily for use by members or guests. This
classification includes union halls, social clubs and youth centers.
C. Communitv and Human Service Facilities.
1. Drug Abuse Centers. Facilities offering drop-in services for persons
suffering from drug abuse, including treatment and counseling
without provision for on-site residence or confinement.
2. Primary Health Care. Medical services, including clinics, counseling
and referral services,to persons afflicted with bodily or mental
disease or injury without provision for on-site residence or
confinement.
3. Emergency_Kitchens. Establishments offering food for the
"homeless" and others in need.
4. Emergency Shelters. Establishments offering food and shelter
programs for "homeless" people and others in need. This
classification does not include facilities licensed for residential care,
as defined by the State of California, which provide supervision of
daily activities.
5. Residential Alcohol Recovery, General. Facilities providing 24-hour
care for more than six persons suffering from alcohol problems, in
need of personal services, supervision, protection or assistance.
2
JM/s:JM:204-Fin
10/30/97
3378
These facilities may include an inebriate reception center as well as
facilities for treatment,training, research, and administrative services
for program participants and employees. This classification includes
only those facilities licensed by the State of California.
6. Residential Care, General. Twenty-four-hour non-medical care for
seven or more persons, including wards of the juvenile court, in need
of personal services, supervision,protection, or assistance essential
for sustaining the activities of daily living. This classification
includes only those facilities licensed by the State of California.
D. Convalescent Facilities. Establishments providing care on a 24-hour basis
for persons requiring regular medical attention, but excluding facilities
providing surgical or emergency medical services.
E. Cultural Institutions. Nonprofit institutions displaying or preserving objects
of interest in one or more of the arts or sciences. This classification includes
libraries, museums, and art galleries.
F. Day Care, Lay,-e-Family. Provision of non-medical care for 7 to 12 children
on a less than 24-hour basis.
G. Dav Care. General. Provision of non-medical care for 13 or more persons on
a less than 24-hour basis. This classification includes nursery schools,
preschools, and day-care centers for children or adults.
H. Emergency Health Care. Facilities providing emergency medical service
with no provision for continuing care on an inpatient basis.
I. Government Offices. Administrative, clerical, or public contact offices of a
government agency, including postal facilities, together with incidental
storage and maintenance of vehicles.
J. Heliports. Pads and facilities enabling takeoffs and landings by helicopter.
K. Hospitals. Facilities providing medical, surgical, psychiatric, or emergency
medical services to sick or injured persons,primarily on an inpatient basis.
This classification includes incidental facilities for out-patient treatment, as
well as training, research, and administrative services for patients and
employees.
L. Maintenance and Service Facilities. Facilities providing maintenance and
repair services for vehicles and equipment, and materials storage areas. This
classification includes corporation yards, equipment service centers, and
similar facilities.
M. Marinas. A boat basin with docks, mooring facilities, supplies and
equipment for small boats.
N. Park and Recreation Facilities. Noncommercial parks,playgrounds,
recreation facilities, and open spaces.
3
JM/s:JM:204-Fin
10/30/97
3378
Q. Public Safety Facilities. Facilities for public safety and emergency services,
including police and fire protection.
P. Religious Assembly. Facilities for religious worship and incidental religious
education, but not including private schools as defined in this section.
Q. Schools. Public or Private. Educational institutions having a curriculum _
comparable to that required in the public schools of the State of California.
R. Utilities,Mayor. Generating plants, electrical substations, above-ground
electrical transmission lines, switching buildings, refuse collection, transfer,
recycling or disposal facilities, flood control or drainage facilities, water or
wastewater treatment plants, transportation or communications utilities, and
similar facilities of public agencies or public utilities.
S. Utilities, Minor. Utility facilities that are necessary to support legally
established uses and involve only minor structures such as electrical
distribution lines, underground water and sewer lines, and recycling and
collection containers.
204.10 Commercial Use Classifications
A. Ambulance Services. Provision of emergency medical care or
transportation, including incidental storage and maintenance of vehicles as
regulated by Chapter 5.20.
B. Animal Sales and Services.
1. Animal Boarding. Provision of shelter and care for small animals on
a commercial basis. This classification includes activities such as
feeding, exercising, grooming, and incidental medical care, and
kennels.
2. Animal Grooming. Provision of bathing and trimming services for
small animals on a commercial basis. This classification includes
boarding for a maximum period of 48 hours.
3. Animal Hospitals. Establishments where small animals receive
medical and surgical treatment. This classification includes only
facilities that are entirely enclosed, soundproofed, and air-
conditioned. Grooming and temporary (maximum 30 days) boarding
of animals are included, if incidental to the hospital use.
4. Animals: Retail Sales. Retail sales and boarding of small animals,
provided such activities take place within an entirely enclosed
building. This classification includes grooming, if incidental to the
retail use, and boarding of animals not offered for sale for a
maximum period of 48 hours.
5. Equestrian Centers. Establishments offering facilities for instruction
in horseback riding, including rings, stables, and exercise areas.
4
JM/s:3M:204-Fin
10/30/97
3378
b. Pet Ceme�, Land used or intended to be used for the burial of
animals, ashes or remains of dead animals, including placement or
erection of markers, headstones or monuments over such places of
burial.
C. Artists' Studios. Work space for artists and artisans, including individuals
practicing one of the fine arts or performing arts, or skilled in an applied art
or craft.
D. Banks and Savings and Loans. Financial institutions that provide retail
banking services to individuals and businesses. This classification includes
only those institutions engaged in the on-site circulation of cash money. It
also includes businesses offering check-cashing facilities.
1. With Drive-up Service. Institutions providing services accessible to
persons who remain in their automobiles.
E. Building Materials and Services. Retailing, wholesaling, or rental of
building supplies or equipment. This classification includes lumber yards,
tool and equipment sales or rental establishments, and building contractors'
yards, but excludes establishments devoted exclusively to retail sales of paint
and hardware, and activities classified under Vehicle/E ui ment Sales and
Services.
F. Catering Services. Preparation and delivery of food and beverages for off-
site consumption without provision for on-site pickup or consumption. (See
also Eating and Drinking Establishments.)
G. Commercial Filming. Commercial motion picture or video photography at
the same location more than six days per quarter of a calendar year. (See
also Chapter 5.54, Commercial Photography)
H. Commercial Recreation and Entertainment. Provision of participant or
spectator recreation or entertainment. This classification includes theaters,
sports stadiums and arenas, amusement parks, bowling alleys,billiard
parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated
by Chapter 5.28; ice/roller skating rinks, golf courses, miniature golf
courses, scale-model courses, shooting galleries, tennis/racquetball courts,
health/fitness clubs, pinball arcades or electronic games centers having more
than 4 coin-operated game machines as regulated by Chapter 9.28; card
rooms as regulated by Chapter 9.24; and fortune telling as regulated by
Chapter 5.72.
I. Limited. Indoor movie theaters, game centers and performing arts
theaters and health/fitness clubs occupying less than 2,500 square
feet.
I. Communications Facilities. Broadcasting, recording, and other
communication services accomplished through electronic or telephonic
mechanisms, but excluding Utilities (Major). This classification includes
5
Ws:7M:204-Fin
10/30/97
337s
radio, television, or recording studios;telephone switching centers; and
telegraph offices; and cellular telephone facilities.
I Eating and Drinking Establishments. Businesses serving prepared food or
beverages for consumption on or off the premises.
1. With Fast-Food or Take-Out Service. Establishments where patrons
order and pay for their food at a counter or window before it is
consumed and may either pick up or be served such food at a table or
take it off-site for consumption.
a. Drive-through. Service from a building to persons in vehicles
through an outdoor service window.
b. Limited. Establishments that do not serve persons in vehicles
or at a table.
2. With Live Entertainment/Dancing. An eating or drinking
establishment where dancing and/or live entertainment is allowed.
This classification includes nightclubs subject to the requirements of
Chapter 5.44 of the Municipal Code.
K. Food and Beverage Sales. Retail sales of food and beverages for off-site
preparation and consumption. Typical uses include groceries, liquor stores,
or delicatessens. Establishments at which 20 percent or more of the
transactions are sales of prepared food for on-site or take-out consumption
shall be classified as Catering Services or Eating and Drinking
Establishments.
1. With Alcoholic Bevera e Sales. Establishments where more than 10
percent of the floor area is devoted to sales, display and storage of
alcoholic beverages.
L. Food Processing. Establishments primarily engaged in the manufacturing or
processing of food or beverages for human consumption and wholesale
distribution.
M. Funeral and Interment Services. Establishments primarily engaged in the
provision of services involving the care, preparation or disposition of human
dead other than in cemeteries. Typical uses include crematories,
columbariums, mausoleums or mortuaries.
N. Horticulture. The raising of fruits, vegetables, flowers, trees, and shrubs as a
commercial enterprise.
O. Laboratories. Establishments providing medical or dental laboratory
services; or establishments with less than 2,000 square feet providing
photographic, analytical, or testing services. Other laboratories are classified
as Limited Indust
P. Maintenance and Repair Services, Establishments providing appliance
repair, office machine repair, or building maintenance services. This
6
JMIs:JM:204-Fin
10/30/97
3378
classification excludes maintenance and repair of vehicles or boats; see
(Vehicle/Equipment Repair).
Q. Marine Sales and Services. Establishments providing supplies and
equipment for shipping or related services or pleasure boating. Typical uses
include chandleries,yacht brokerage and sales, boat yards, boat docks, and _
sail-making lofts.
R. Nurseries. Establishments in which all merchandise other than plants is kept
within an enclosed building or a fully screened enclosure, and fertilizer of
any type is stored and sold in package form only.
S. Offices, Business and Professional. Offices of firms or organizations
providing professional, executive, management, or administrative services,
such as architectural, engineering, graphic design, interior design, real estate,
insurance, investment, legal, veterinary, and medical/dental offices. This
classification includes medical/dental laboratories incidental to an office use,
but excludes banks and savings and loan associations.
T. Pawn Shops. Establishments engaged in the buying or selling of new or
secondhand merchandise and offering loans secured by personal property
and subject to Chapter 5.36 of the Municipal Code.
U. Personal Enrichment Services. Provision of instructional services or
facilities, including photography, fine arts, crafts, dance or music studios,
driving schools, business and trade schools, and diet centers, reducing
salons, and fitness studios.
V. PersonaI Services. Provision of recurrently needed services of a personal
nature. This classification includes barber and beauty shops, seamstresses,
tailors, shoe repair shops, dry-cleaning businesses (excluding large-scale
bulk cleaning plants), photo-copying, and self-service laundries.
W. Research and Development Services. Establishments primarily engaged in
industrial or scientific research, including limited product testing. This
classification includes electron research firms or pharmaceutical research
laboratories, but excludes manufacturing, except of prototypes, or medical
testing and analysis.
X. Retail Sales. The retail sale of merchandise not specifically listed under
another use classification. This classification includes department stores,
drug stores, clothing stores, and furniture stores, and businesses retailing the
following goods: toys, hobby materials, handcrafted items,jewelry,
cameras, photographic supplies, medical supplies and equipment, electronic
equipment,records, sporting goods, surfing boards and equipment, kitchen
utensils, hardware, appliances, antiques, art supplies and services, paint and
wallpaper, carpeting and floor covering, office supplies, bicycles, and new
automotive parts and accessories (excluding service and installation).
Y. Secondhand Appliances and Clothing Sales. The retail sale of used
appliances and clothing by secondhand dealers who are subject to Chapter
7
JM/s:JM:204-Fin
10/30/97
3378
5.36. This classification excludes antique shops primarily engaged in the
sale of used furniture and accessories other than appliances, but includes
junk shops.
Z. Sex Oriented Businesses. Establishments as regulated by Chapter 5.70;
baths, sauna baths and massage establishments, as regulated by Chapter
5.24; and figure model studios as regulated by Chapter 5.60.
AA. Swap Meets. Indoor/FIea Markets. An occasional, periodic or regularly
scheduled market held within a building where groups of individual vendors
offer goods for sale to the public.
BB. Swap Meets, Recurring. Retail sale or exchange of handcrafted or
secondhand merchandise for a maximum period of 32 consecutive hours,
conducted by a sponsor on a more than twice yearly basis.
CC. Tattoo Establishment. Premises used for the business of marking or coloring
the skin with tattoos as regulated by Chapter 8.70.
DD. Travel Services. Establishments providing travel information and
reservations to individuals and businesses. This classification excludes car
rental agencies.
EE. Vehicle/Equipment Sales and Services.
1. Automobile Rentals. Rental of automobiles, including storage and
incidental maintenance, but excluding maintenance requiring
pneumatic lifts.
2. Automobile Washing. Washing, waxing, or cleaning of automobiles
or similar light vehicles.
3. Commercial Parking Facility. Lots offering short-term or long-term
parking to the public for a fee.
4. Service Stations. Establishments engaged in the retail sale of gas,
diesel fuel, lubricants, parts, and accessories. This classification
includes incidental maintenance and minor repair of motor vehicles,
but excluding body and fender work or major repair of automobiles,
motorcycles, light and heavy trucks or other vehicles.
5. Vehicle/Equipment Re air. Repair of automobiles, trucks,
motorcycles, mobile homes,recreational vehicles, or boats, including
the sale, installation, and servicing of related equipment and parts.
This classification includes auto repair shops, body and fender shops,
transmission shops, wheel and brake shops, and tire sales and
installation, but excludes vehicle dismantling or salvage and tire
retreading or recapping.
a. Limited. Light repair and sale of goods and services for
vehicles, including brakes, muffler, tire shops, oil and lube,
and accessory uses, but excluding body and fender shops,
iM/s:7M:204-Fin
10/30/97
3378
upholstery, painting, and rebuilding or reconditioning of
vehicles.
6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles,
motorcycles, trucks,tractors, construction or agricultural equipment,
manufactured homes,boats, and similar equipment, including storage
and incidental maintenance.
7. Vehicle Storage. Storage of operative or inoperative vehicles. This
classification includes storage of parking tow-aways, impound yards,
and storage lots for automobiles,trucks, buses and recreational
vehicles, but does not include vehicle dismantling.
FF. Visitor Accommodations.
1. Bed and Breakfast Inns. Establishments offering lodging on a less
than weekly basis in a converted single-family or multi-family
dwelling or a building of residential design, with incidental eating
and drinking service for lodgers only provided from a single kitchen.
2. Hotels and Motels. Establishments offering lodging on a weekly or
less than weekly basis. Motels may have kitchens in no more than 25
percent of guest units, and "suite" hotels may have kitchens in all
units. This classification includes eating, drinking, and banquet
service associated with the facility. (3334)
GG. _Warehouse and Sales Outlets. Businesses which store large inventories of
goods in industrial-style buildings where these goods are not produced on
the site but are offered to the public for sale.
HH. Quasi Residential
1. Residential Hotels. Buildings with 6 or more guest rooms without
kitchen facilities in individual rooms, or kitchen facilities for the
exclusive use of guests, and which are intended for occupancy on a
weekly or monthly basis.
2. Single Room Occupancy. Buildings designed as a residential hotel
consisting of a cluster of guest units providing sleeping and living
facilities in which sanitary facilities and cooking facilities are
provided within each unit; tenancies are weekly or monthly.
3. Time-Share Facilities. A facility in which the purchaser receives the
right in perpetuity, for life or for a term of years, to the recurrent
exclusive use or occupancy of a lot, parcel, unit or segment of real
property, annually or on some other periodic basis for a period of
time that has been or will be allocated from the use or occupancy
periods into which the plan has been divided. A time-share plan may
be coupled with an estate in the real property or it may entail a
9
JM OM:204-Fin
10/30/97
3378
license or contract and/or membership right of occupancy not
coupled with an estate in the real property. (3334)
204.12 Industrial Use Classifications
A. Industry_ Custom. Establishments primarily engaged in on-site production
of goods by hand manufacturing involving the use of hand tools and small-
scale equipment.
1. Small-scale. Includes mechanical equipment not exceeding 2
horsepower or a single kiln not exceeding 8 kilowatts and the
incidental direct sale to consumers of only those goods produced on-
site. Typical uses include ceramic studios, candle-making shops, and
custom jewelry manufacture.
B. Industry. Qeneral. Manufacturing of products, primarily from extracted or
raw materials, or bulk storage and handling of such products and materials.
Uses in this classification typically involve a high incidence of truck or rail
traffic, and/or outdoor storage of products, materials, equipment, or bulk
fuel. This classification includes chemical manufacture or processing, food
processing and packaging, laundry and dry cleaning plants, auto dismantling
within an enclosed building, stonework and concrete products manufacture
(excluding concrete ready-mix plants), small animal production and
processing within an enclosed building, and power generation.
C. Industry. Limited, Manufacturing of finished parts or products, primarily
from previously prepared materials; and provision of industrial services, both
within an enclosed building. This classification includes processing,
fabrication, assembly,treatment, and packaging, but excludes basic
industrial processing from raw materials and Vehicle/Equipment Services,
but does allow food processing for human consumption.
D. Industry; Research and Development. Establishments primarily engaged in
the research, development, and controlled production of high-technology
electronic, industrial or scientific products or commodities for sale, but
prohibits uses that may be objectionable in the opinion of the Director, by
reason of production of offensive odor, dust, noise, vibration, or in the
opinion of the Fire Chief by reason of storage of hazardous materials. Uses
include aerospace and biotechnology firms, and non-toxic computer
component manufacturers.
This classification also includes assembly, testing and repair of components,
devices, equipment, systems, parts and components such as but not limited
to the following: coils,tubes, semi-conductors; communication, navigation,
guidance and control equipment; data processing equipment; filing and
labeling machinery; glass edging and silvering equipment; graphics and art
equipment; metering equipment; optical devices and equipment;
photographic equipment; radar, infrared and ultraviolet equipment; radio and
television equipment.
10
TM/s:JM:204-Fin
10/30/97
3378
This classification also includes the manufacture of components, devices,
equipment, parts and systems which includes assembly, fabricating, plating
and processing, testing and repair, such as but not limited to the following:
machine and metal fabricating shops, model and spray painting shops,
environmental test, including vibration analysis, cryogenics, and related
functions,plating and processing shops, nuclear and radioisotope.
This classification also includes research and development laboratories
including biochemical and chemical development facilities for national
welfare on land, sea, or air; and facilities for film and photography,
metallurgy; pharmaceutical, and medical and x-ray research.
E. Wholesaling. Distribution and Storage. Storage and distribution facilities
without sales to the public on-site or direct public access except for recycling
facilities and public storage in a small individual space exclusively and
directly accessible to a specific tenant. This classification includes mini-
warehouses.
204.14 Accessory Use Classifications
Accessory Uses and Structures. Uses and structures that are incidental to the principal
permitted or conditionally permitted use or structure on a site and are customarily found on
the same site. This classification includes detached or attached garages, home occupations,
caretakers' units, and dormitory type housing for industrial commercial workers employed
on the site, and accessory dwelling units.
204.16 Temporary Use Classifications
A. Animal Shows. Exhibitions of domestic or large animals for a maximum of
seven days.
B. Circuses and Carnivals. Provision of games, eating and drinking facilities,
live entertainment, animal exhibitions, or similar activities in a tent or other
temporary structure for a maximum of seven days: This classification
excludes events conducted in a permanent entertainment facility.
C. Commercial Filming, Limited. Commercial motion picture or video
photography at a specific location six or fewer days per quarter of a calendar
year. (See also Chapter 5.54, Commercial Photography)
D. Personal Property Sales. Sales of personal properly by a resident("garage
sales") for a period not to exceed 48 consecutive hours and no more than
once every six months.
E. Real Estate Sales. An office for the marketing, sales, or rental of residential,
commercial, or industrial development. This classification includes "model
homes."
11
JM/sJM:204-Fin
10/30/97
3378
F. Retail Sales, Outdoor. Retail sales of new merchandise on the site of a
legally established retail business for a period not to exceed 48 consecutive
hours no more than once every 3 months.
G. Seasonal_Sales. Retail sales of seasonal products, including Christmas trees,
Halloween pumpkins and strawberries.
H. Street Fairs. Provision of games, eating and drinking facilities, live
entertainment, or similar activities not requiring the use of roofed structures.
1. Trade Fairs. Display and sale of goods or equipment related to a specific
trade or industry for a maximum period of five days per year.
J. Temporary Event. Those temporary activities located within the coastal
zone that do not qualify for an exemption pursuant to Section 245.08. (3334)
12
JMJs:JM:204-Fin
10/30/97
3378
,�i:a"' "" 9 - » ♦ m r'' a
1hapter� 1Coinrnecaal Dstr�cts,.
Sections:
211.02 Commercial Districts Established
211.04 CO, CG, and CV Districts: Land Use Controls
211.06 CO, CG and CV Districts: Development Standards
211.08 Review of Plans
211.02 Commercial Districts Established
The purpose of the Commercial districts is to implement the General Plan and Local
Coastal Program commercial land use designations. Three(3) commercial zoning
districts are established by this chapter as follows: (3334)
A. The CO Office Commercial District provides sites for offices for
administrative, financial,professional, medical and business needs.
B. The_CG General_Commercial District provides opportunities for the full
range of retail and service businesses deemed suitable for location in
Huntington Beach.
C. The CV Visitor Commercial District implements the Visitor Serving
Commercial land use designation within the coastal zone and provides
uses of specific benefit to coastal visitors. More specifically, the CV
district provides opportunities for visitor-oriented commercial activities,
including specialty and beach related retail shops, restaurants, hotels,
motels,theaters, museums, and related services. (3334)
211.04 CO, CG, and CV Districts: Land Use Controls
In the following schedules, letter designations are used as follows:
"P" designates use classifications permitted in commercial districts.
"L" designates use classifications subject to certain limitations prescribed by the
"Additional Provisions" that follow.
"PC" designates use classifications permitted on approval of a conditional use
permit by the Planning Commission.
"ZA" designates use classifications permitted on approval of a conditional use
permit by the Zoning Administrator.
"TU" designates use classifications allowed upon approval of a temporary use
permit.
JfUi/s:JM:211-Fin EXHIBIT B
10/30/97
3378
"P/U" for an accessory use means that the use is permitted on the site of a
permitted use, but requires a conditional use permit on the site of a conditional
use.
Use classifications that are not listed are prohibited. Letters in parentheses in the
"Additional Provisions" column refer to provisions following the schedule or located
.elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use _
'.classification heading, referenced provisions shall apply to all use classifications
under the heading.
P Permitted
CO, CG, L — Limited (see Additional Provisions)
and CV PC = Conditional use permit approved by Planning Commission
Districts ZA = Conditional use permit approved by Zoning Administrator
Land Use TU = Temporary Use Permit
Controls P/U = Requires conditional use permit on site of conditional use
= Not Permitted
CO CG CV Additional Provisions
Residential (J)(Q)(R)(V) (3334)
Group Residential PC PC PC (3334)
Multifamily Residential - - PC (3334)
Public and Semipublic (A)(J)(Q)(R)(V) (3334)
Cemetery - - -
Clubs and Lodges ZA ZA - (3334)
Community and Human Services
Drug Abuse Centers - PC -
Primary Health Care L-2 L-2 -
Emergency Kitchens - L-2 -
Emergency Shelters - L-2 -
.Residential Alcohol Recovery, General - PC -
Residential Care, General PC PC -
Convalescent Facilities PC PC -
Cultural institutions PC PC PC
Day Care, General L-2 L-2 -
Day Care, Large-Family L-2 L-2 -
Emergency Health Care L-2 L-2 - (3334)
Government Offices P P PC (3334)
Heliports PC PC PC (B)
Hospitals PC PC _ (3334)
Park &Recreation Facilities L-9 L-9 L-9
Public Safety Facilities PC PC PC
Religious Assembly PC PC -
Schools, Public or Private PC PC -
Utilities, Major PC PC PC
Utilities, Minor P P P (L)
2
JM/s:J M:211-Fin
10/30/97
3378
P = Permitted
CO, CG, L — Limited(see Additional Provisions)
and CV PC = Conditional use permit approved by Planning Commission
Districts ZA = Conditional use permit approved by Zoning Administrator
Land Use TU = Temporary Use Permit
Controls P/U = Requires conditional use permit on site of conditional use
Not Permitted
CO CG CV Additional Provisions
Commercial Uses (3)(Q)(R) (3341.10/96)
Ambulance Services - ZA -
Animal Sales & Services
Animal Boarding - PC -
Animal Grooming - P -
Animal Hospitals - PC -
Animals: Retail Sales - P -
Equestrian Centers - PC - (S)
Pet Cemetery - PC -
Artists' Studios P P P
Banks and Savings & Loans P P P
With Drive-Up Service ZA ZA ZA
Building Materials and Services - P -
Catering Services P P P
Commercial Filming P P P (F)
Commercial Recreation and Entertainment - PC PC (D)
Communication Facilities P P P
Eating and Drinking Estab. L-4 L-4 L-4 (N)
w/Fast-Food or Take-Out Service ZA ZA ZA
Drive Through - L-4 L-4
w/Live Entertainment/Dancing PC PC PC (H)
Food & Beverage Sales - P L-2
w/Alcoholic Beverage Sales - ZA ZA (N)
Funeral &Internment Services - ZA -
Laboratories L-1 L-1 -
Maintenance & Repair Services - P -
Marine Sales and Services - P P
Nurseries - ZA -
Offices, Business & Professional P P P (3334)
Pawn Shops - ZA -
Personal Enrichment Services L-2 L-2 -
Personal Services P P P
Research & Development Services L-1 ZA -
Retail Sales - P P (UP) (3285-6195,3334)
Secondhand Appliances/Clothing - P -
3
JMIs:JM:211-Fin
10/30/97
G�
3378
P — Permitted
CO, CG, L = Limited (see Additional Provisions)
and CV PC = Conditional use permit approved by Planning Commission
Districts ZA = Conditional use permit approved by Zoning Administrator
Land Use TU = Temporary Use Permit
Controls PIU = Requires conditional use permit on site of conditional use _
Not Permitted
CO CG CV Additional Provisions
Tattoo Establishments - PC -
Automobile Washing - L-7
Commercial Parking - PC PC (P)
Service Stations - PC PC (E)
Vehicle Equip. Repair - L-5 -
Vehicle Equip. Sales & Rentals - PC -
Vehicle Storage - - -
Visitor Accommodations
Bed & Breakfast Inns PC PC PC (K)
Hotels, Motels - PC PC (I) (3334)
Quasi Residential (3334)
Time Shares - PC PC (I)(J) (3334)
Residential Hotel - PC PC (J)
Single Room Occupancy - PC PC (J)(0)
Industrial (J)(Q)(R)(V) (3334)
Industry, Custom - L-6 L-6
Accessory Uses (J)(V) (3334)
Accessory Uses & Structures P/U PIU PIU
Temporary Uses (F)(J)(V) (3334)
Animal Shows - TU -
Circus and Carnivals - TU -
Commercial Filming, Limited - P P (M)
Real Estate Sales ZA ZA ZA
Retail Sales, Outdoor - P P (M)
Seasonal Sales P P P (M)
Trade Fairs - TU -
Nonconforming Uses (G)(J)(V) (3334)
4
JMls*JM:211-Fin
10/30/97
f`
3378
CO, CG, and CV Districts: Additional Provisions
L-1 Permitted if the space is 2,500 square feet or less; allowed with a conditional
use permit from the Zoning Administrator if the laboratory space exceeds 2,500 -
square feet.
L-2 Allowed with a conditional use permit from the Zoning Administrator if the
space is 2,500 square feet or less; allowed with a conditional use permit from
the Planning Commission if the space exceeds 2,500 square feet.
L-3 Repealed (3334)
L-4 Permitted with a maximum seating capacity of 12; allowed with a conditional
use permit from the Zoning Administrator if seating capacity exceeds 12.
L-5 Only "limited" facilities are allowed subject to approval of a conditional use
permit from the Planning Commission, and body and fender shops are permitted
only as part of a comprehensive automobile-service complex operated by a new
vehicle dealer.
L-6 Only "small-scale" facilities, as described in Use Classifications, are allowed
with a conditional use permit from the Zoning Administrator and maximum 7
persons may be employed full time in processing or treating retail products,
limited to those sold on the premises.
L-7 Attended facilities allowed with a conditional use permit from the Planning
Commission; unattended facilities allowed with a conditional use permit from
the Zoning Administrator.
L-8 On-site storage limited to two rental cars.
L-9 Public facilities permitted,but a conditional use permit from the Zoning
Administrator is required for commercial facilities.
(A) Limited to facilities on sites 2 acres or less.
(B) See Section 230.40: Helicopter Takeoff and Landing Areas.
(C) Repealed.
(D) See Section 230.38: Game Centers; Chapter 5.28: Dance Halls; Chapter 9.24:
Card Rooms; Chapter 9.32: Poolrooms and Billiards; and Chapter 9.28: Pinball
Machines.
(E) See Section 230.32: Service Stations.
(F) See Section 241.20: Temporary Use Permits
(G) See Chapter 236: Nonconforming Uses and Structures.
5
JM/s:JM:21 I-Fin
1013D/97
f -
3378 r
(H) For teen dancing facilities, bicycle racks or a special bicycle parking area shall
be provided. These may not obstruct either the public sidewalk or the building
entry. See also Chapter 5.28: Dancing Halls; Chapter 5.44: Restaurants -
Amusement and Entertainment Premises, and Chapter 5.70: Adult
Entertainment Businesses. (334 1-1 019 6)
(I) Only pennitted on a major arterial street, and a passive or active outdoor
recreational amenity shall be provided, subject to approval of the Planning
Commission.
(7) In the CV District the entire ground floor area and at least one-third of the total
floor area shall be devoted to visitor-oriented uses as described in the certified
Local Coastal Program Land Use Plan. Any use other than visitor serving
commercial shall be located above the ground level, and a conditional use
permit from the Planning Commission is required. Any use other than visitor
serving commercial uses shall only be permitted if visitor serving uses are either
provided prior to the other use or assured by deed restriction as part of the
development. No office or residential uses shall be permitted in any visitor
serving designation seaward of Pacific Coast Highway. (3334)
(K) See Section 230.42: Bed and Breakfast Inns.
(L) See Section 230.44: Recycling Operations.
(M) Subject to approval by the Police Department, Public Works Department, Fire
Department and the Director. See also Section 230.86 Seasonal Sales.
(N) The following businesses proposing to sell alcoholic beverages for on-site or
off-site consumption are exempt from the conditional use permit process:
(1) Retail markets with no more than 10 percent of the floor area devoted to
sales, display, and storage of alcoholic beverages provided the sale of
alcoholic beverages is not carried on in conjunction with the sale of
gasoline or other motor vehicle fuel.
(2) Restaurants, bars, and liquor stores that are located 300 feet or more from
any R or PS district, school, church, or public use.
(3) Florist shops offering the sale of a bottle of an alcoholic beverage together
with a floral arrangement.
(0) See Section 230.46: Single Room Occupancy.
(P) See Chapter 231 for temporary and seasonal parking.
(Q) Development of vacant land or initial construction of a building for permitted
use requires approval of a conditional use permit from the Zoning
Administrator.
(R) Projects within 500 feet of a PS District see Chapter 244.
(S) See Section 230.48: Equestrian Centers
(T) See Section 230.50: Indoor Swap Meets/Flea Markets
6
JMIs:JM:211-Fin
10/30/97
3378
(U) See Section 230.94: Carts and Kiosks {Note:Not certified by the California Coastal
Commission;however, these provisions are in effect and will be enforced by the City
Council of Huntington Beach) (3248-6195,3334)
(V) In the coastal zone, the preferred retail sales uses are those identified in the
Visitor Serving Commercial land use designation which provide opportunities
for visitor-oriented commercial activities including specialty and beach related
retail shops, restaurants, hotels, motels, theaters, museums, and related services.
211.06 CO, CG and CV Districts: Development Standards
The following schedule prescribes development standards for the CO, CG and CV
districts. The first three columns prescribe basic requirements for permitted and
conditional uses in each district. Letters in parentheses in the "Additional
Requirements" column refer to standards following the schedule or located elsewhere in
the zoning ordinance. In calculating the maximum gross floor area as defined in
Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional
numbers shall be rounded down to the nearest whole number. All required setbacks
shall be measured from ultimate right-of-way and in accordance with definitions set
forth in Chapter 203, Definitions.
(Rest of page not used)
7
JMIs:JM:211-Fin
10/30/97
3378
CO, CG and CV DISTRICTS
DEVELOPMENT STANDARDS
Co CG CV Additional Requirements
Residential Development (A)(B)
Nonresidential Development (B)
Minimum Lot Area(sq. ft.) 10,000 10,000 10,000 (C)
Minimum Lot Width(ft.) 100 100 100
Minimum Setbacks
Front (ft.) 10 10 (D)(E)(0)
Side (ft.) 5 - (F)
Street Side (ft.) 10 10 (E)
Rear (ft.) 5 (F)
Maximum Height of
Structures (ft.) 40 50 50 (F)(G)
Maximum Wall Dimensions (N)
Maximum Floor Area Ratio (FAR) 1.0 1.5 1.5
Minimum Site Landscaping 8 8 8 (H)(1)
BuildingDesign Standards
(0)
Fences and Walls (J)(K)
Off-Street Parking/Loading P
Outdoor Facilities See Section 230.74
Screening of Mechanical Equipment See Section 230.76
(M)
Refuse Storage Areas See Section 230.78
Underground Utilities See Chapter 17.64
Performance Standards See Section 230.82
Nonconforming Structures See Chapter 236
Signs See Chapter 233
CO, CG, and CV Districts: Additional Development Standards
(A) Dwelling units shall be subject to the standards for minimum setbacks, height
limits, maximum density, open space, balconies and bay windows, and parking
for the RMH District. The setback standards shall apply only to the stories of a
building that are intended for residential use.
(B) See Section 230.62: Building Site Required and Section 230.64: Development
on Substandard Lots.
(C) The minimum site area for a hotel or motel is 20,000 square feet.
(D) See Section 230.68: Building Projections into Yards and Required Open Space.
Double-frontage lots shall provide front yards on each frontage.
(E) A minimum 50-foot setback is required along Beach Boulevard, Pacific Coast
Highway and Edinger Avenue or 25-foot setback with the setback area entirely
landscaped.
8
JM/s:JM:21 1-Fin
10130197
3378
(F) Along a side or rear property line abutting an R district, a 10-foot setback is
required, and structures within 45 feet of the district boundary shall not exceed
18 feet in height.
(G) See Section 230.70: Measurement of Height and Section 230.72: Exceptions to
Height Limits.
(H) Planting_Areas:
(1) Required front and street side yards shall be planting areas except
properties with 50 foot setback shall provide a minimum 10 foot wide
planting area along street frontages.
(2) Required side and rear yards shall be planting areas or shall be enclosed by
a solid concrete or masonry wall at least 6 feet in height.
(3) Hotels and Motels. A 15-foot wide landscaped strip shall be provided
along all street frontages, except for necessary driveways and walks.
(1) See Chapter 232: Landscape Improvements.
(7) See Section 230.89: Fencing and Yards.
(K) A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of
an existing ground-floor residential use. However, where the portion of the site
within 10 feet of the front property line is occupied by planting area or by a
building having no openings except openings opposite a street property line, the
Director may grant an exception to this requirement. A wall within 15 feet of a
street property line shall not exceed 3.5 feet in height.
(L) See Chapter 231: Off-Street Parking and Loading.
(M) See Section 230.44: Recycling Operations and Section 230.80: Antennae.
(N) A front or street side wall surface shall be no longer than 100 feet without a
break, a recess or offset measuring at least 20 feet in depth and one-quarter of
the building length, or a series of offsets, projections or recesses at intervals of
not more than 40 feet that vary the depth of the building wall by a minimum of
4 feet. The Director may grant exceptions or allow these standards to be
modified for exceptional or unique structures subject to Design Review, Chapter
244.
(Rest of page not used)
9
JMIs:JM:211-Fin
10/30/97
3378
2 ft.
20ft.
Max.10 0 ft.
too ft' unbroken wall
25 ft.
or more
Single Horizonal Offsets: 20ft.
loo ft
unbroken Wall 2 ft- 20ft. 40FT. Min. 4 ft.
recess
25 ft. 25% of wall
or more must be varied
Variable Off-,ets-. 20 ft. and 4 ft.
MAXIMUM WALL LENGTH AND REQUIRED BREAK
(0) Two building design standards are established to make commercial areas more
attractive and provide a unified streetscape:
(1) In the CV District a I 0-foot minimum upper-story setback is required
above the second story.
(Rest of page not used)
10
JM/s:JM:211-Fin
10/30/97
3378
Required Setback
LMax.two stories without
vertical break
CV DISTRICT: UPPER-STORY SETBACK
(2) In the CO and CV Districts, and on frontages adjacent to major or primary
arterials in the CG District at least 40 percent of a building surface may be
located at the minimum setback line if additional landscaping is provided
on the site.
Min. 40 percent
of front building
elevation at
setback line
Setback line
21 1-FACE.BNT
BUILDING FACE AT SETBACK LINE
211.08 Review of Plans
All applications for new construction, initial establishment of use, exterior alterations
and additions shall be submitted to the Community Development Department for
review. Discretionary review shall be required as follows:
A. Zoning Administrator Review. Projects requiring a conditional use permit from
the Zoning Administrator; projects on substandard lots; see Chapter 241.
B. Design Review Board. Projects within redevelopment project areas and areas
subject to specific plans; projects within 500 feet of a PS District; see Chapter
244.
C. Planning Commission. Projects requiring a conditional use permit from the
Planning Commission; see Chapter 241.
D. Projects in the Coastal Zone. A Coastal Development Permit is required unless
the project is exempt; see Chapter 245.
11
J Mls:JM:21 1-Fin
10/30/97
3378
aw
Ca ter2�121 �ndusthriaD�srlc#s k
Sections:
212.02 Industrial Districts Established
212.04 IG and IL Districts: Land Use Controls
212.06 IG and 1L Districts: Development Standards
212.08 Review of Plans
212.02 Industrial Districts Established
Two (2) industrial zoning districts are established by this chapter as follows:
A. The 1G General Industrial District provides sites for the full range of
manufacturing, industrial processing, resource and energy production,
general service, and distribution.
B. The IL Limited Industrial District provides sites for moderate- to low-intensity
industrial uses, commercial services and light manufacturing.
212.04 IG and IL Districts: Land Use Controls
In the following schedules, letter designations are used as follows:
T" designates use classifications permitted in the I districts.
"L" designates use classifications subject to certain limitations prescribed by the
"Additional Provisions" which follow.
"PC" designates use classifications permitted on approval of a conditional use
permit by the Planning Commission.
"ZA" designates use classifications permitted on approval of a conditional use permit
by the Zoning Administrator.
"TU" designates use classifications allowed upon approval of a temporary use
permit by the Zoning Administrator.
"PIU" for an accessory use means that the use is permitted on the site of a
permitted use, but requires a conditional use permit on the site of a conditional use.
Use classifications that are not listed are prohibited. Letters in parentheses in the
"Additional Provisions" column refer to requirements following the schedule or located
elsewhere in this ordinance. Where letters in parentheses are opposite a use classification
heading, referenced provisions shall apply to all use classifications under the heading.
1
jmplklordinancelsob2 1 211 1 1419 7
EXHIBIT C
3378
IG AND IL P - Permitted
DISTRICTS: L - Limited (see Additional Provisions)
LAND USE PC - Conditional use permit approved by Planning
Commission -
CONTROLS ZA - Conditional use permit approved by Zoning Administrator
TU - Temporary Use Permit
P/U -Requires conditional use permit on site of conditional use
- Not Permitted
Additional
IG IL Provisions
Residential
Group Residential PC PC (J)
Public and Semipublic (A)(M)
Community and Human Service
Facilities PC PC (L)
Day Care, General PC PC
Heliports Maintenance & Service
Facilities PC PC (0)
Public Safety Facilities P P
Religious Assembly L-10 L-10
Schools, Public or Private L-6 L-6
Utilities, Major PC PC
Utilities, Minor L-7 L-7 (P)
Commercial Uses (D)(M)
Ambulance Services ZA ZA
Animal Sales and Services
Animal Boarding - PC
Animal Hospitals - PC
Artists' Studios P P
Banks and Savings and Loans L-1 L-1
Building Materials and Services P P
Catering Services - P
Commercial Filming ZA ZA
Commercial Recreation and
Entertainment L-2 L-2
Communication Facilities P P
Eating & Drinking Establishments L-3 L-3
Food & Beverage Sales PC PC
Hospitals and Medical Clinics - PC
Laboratories P P
Maintenance & Repair Services P P
Marine Sales and Services P P
Nurseries P P
Offices, Business & Professional L-1 L-1 (H)
2
jmplk/ordi nance/so5212/1114/97
3378
IG AND IL P - Permitted
DISTRICTS: L - Limited (see Additional Provisions)
LAND USE PC - Conditional use permit approved by Planning
Commission
CONTROLS ZA - Conditional use permit approved by Zoning Administrator
TU - Temporary Use Permit
P/U -Requires conditional use permit on site of conditional use
Not Permitted
Additional
IG IL Provisions
Personal Enrichment L-9 L-9
Personal Services L-1 L-1
Research & Development Services P P
Sex Oriented Businesses (regulated L-11 L-11
by HBMC Chapter 5.70)
Sex Oriented Businesses (regulated
by HBMC Chapters 5.24 and 5.60) PC PC (R)
Swap Meets, Indoor/Flea Markets PC PC (Q)
Vehicle/Equipment Sales & Services
Service Stations L-4 L-4
Vehicle/Equipment Repair P P
Vehicle/Equip. Sales/Rentals L-5 L-5
Vehicle Storage P ZA (1)
Visitor Accommodations PC PC (K)
Warehouse and Sales Outlets L-8 L-8
Industrial (See Chapter 204) (B)(M)(N)
Industry, Custom P P
Industry, General P P
Industry, Limited P P
Industry, R & D P P
Wholesaling, Distribution & Storage P P
Accessory Uses
Accessory Uses and Structures P/U P/U (C)
Temporary Uses
Real Estate Sales P P
Trade Fairs TU TU (E)
Nonconforming Uses (F)
3
jmp/k/ordinancelsob2 1 211 1/4197
3378
IG AND IL Districts: Additional Provisions
L-1 Only allowed upon approval of a conditional use permit by the Planning Commission _
for a mixed use project, subject to the following requirements:
Minimum site area: 3 acres
Maximum commercial space: 35 percent of the gross floor area and 50 percent of
the ground floor area of buildings fronting on an arterial highway.
Phased development: 25 percent of the initial phase must be designed for industrial
occupancy. For projects over 500,000 square feet, the initial phase must include 5
percent of the total amount of industrial space or 50,000 square feet of industrial
space, whichever is greater.
L-2 Allowed upon approval of a conditional use permit by the Planning Commission
when designed and oriented for principal use by employees of the surrounding
industrial development or when designed for general public use, after considering
vehicular access and parking requirements.
L-3 Allowed upon approval of a conditional use permit by the Planning Commission
when in a free-standing structure or as a secondary use in a building provided that
no more than 20 percent of the floor area is occupied by such a use.
L-4 Only stations offering services primarily oriented to businesses located in an I
District are allowed with a conditional use permit by the Planning Commission.
L-5 No new or used automobile, truck or motorcycle retail sales are permitted.
L-S Only schools offering higher education curriculums are allowed with conditional use
permit approval by the Planning Commission. No day care, elementary or
secondary schools are permitted.
L-7 Recycling Operations as an accessory use are permitted; recycling operations as a
primary use are allowed upon approval of a conditional use permit by the Planning
Commission.
L-8 Allowed upon conditional use permit approval by the Planning Commission when a
single building with a minimum area of 100,000 square feet is proposed on a site
fronting an arterial. The primary tenant shall occupy a minimum 95% of the floor
area and the remaining 5% may be occupied by secondary tenants.
L-9 Allowed by conditional use permit approval by the Zoning Administrator if the space
is 2,500 square feet or less; allowed by conditional use permit approval by the
Planning Commission if the space is over 2,500 square feet.
L-10 Allowed by conditional use permit approval by the Zoning Administrator as a
secondary use; allowed by conditional use permit approval by the Planning
Commission as a primary use for a period of time not to exceed five (5) years.
4
jmp/k/ordinance/sob21211114197
12
3378
L-11 Allowed subject to the following requirements:
A. A proposed sex oriented business shall be at least five hundred feet(500')
from any residential use, school,park and recreational facility, or any building
used for religious assembly(collectively referred to as a"sensitive use") and at
least seven hundred fifty feet (750') from another sex oriented business. For -
purposes of these requirements, all distances shall be pleasured from the lot line of
the proposed sex oriented business to the lot line of the sensitive use or the other
sex oriented business. The term "residential use"means any property zoned RL,
RM, RI FI, RH, RMP, and any properties with equivalent designations under any
specific plan.
To determine such distances the applicant shall submit for review a straight line
drawing depicting the distances from the lot line of the parcel of land on which
the sex oriented business is proposed which includes all the proposed parking and:
1. the lot line of any other sex oriented business within seven hundred
fifty feet (750') of the lot line of the proposed sex oriented business;.and
1 the lot line of any building used for religious assembly, school, or
park&recreational facility within five hundred (500') feet of the lot line
of the proposed sex oriented business; and
3. the lot line of any parcel of land zoned RL, RM, RMH, RH, and
RMP and any parcels of land with equivalent designations under any
specific plans within hundred feet(500') of the lot line of the proposed sex
oriented business.
B. The front facade of the building, including the entrance and signage, shall
not be visible from any major, primary or secondary arterial street as designated
by the Circulation Element of the General Plan adopted May, 1996, with the
exception of Argosy Drive.
C. Prior to or concurrently with applying for a building permit and/or a
certificate of occupancy for the building,the applicant shall submit application for
Planning Department Staff Review of a sex oriented business zoning permit with
the drawing described in subsection A, a technical site plan, floor plans and
building elevations, and application fee. Within ten (10) days of submittal, the
Director shall determine if the application is complete. If the application is
deemed incomplete, the applicant may resubmit a completed application within
ten (10) days. Within thirty days of receipt of a completed application, the
Director shall determine if the application complies with the applicable
development and performance standards of the Huntington Beach Zoning and
Subdivision Ordinance. Said standards include but are not limited to the
following:
j mpftgdrafU212rev11211/97
3378 )Mks
1. Chapter 203, Definitions; Chapter 212, Industrial Districts;
Chapter 230, Site Standards; Chapter 231, Off-Street Parking & Loading
Provisions; Chapter 232, Landscape Improvements; and Chapter 236,
Nonconforming Uses and Structures.
2. Chapter 233.08(b), Signs. Signage shall conform to the
standards of the Huntington Beach Zoning and Subdivision Ordinance
Code except:
a. that such signs shall contain no suggestive or graphic
language, photographs, silhouettes, drawings, statues, monuments,
sign shapes or sign projections, or other graphic representations,
whether clothed or unclothed, including without limitation
representations that depict"specified anatomical areas" or
"specified sexual activities;" and
b. only the smallest of the signs permitted under Chapter
233.08(b) shall be visible from any major, primary or secondary
arterial street, such streets shall be those designated in the
Circulation Element of the General Plan adopted May, 1996, with
the exception of Argosy Drive.
3. Compliance with Huntington Beach Municipal Code Chapter 5.70.
D. The Director shall grant or deny the application for a sex oriented business
zoning permit for a sex oriented business. There shall be no administrative appeal
from the granting or denial of a permit application thereby permitting the
applicant to obtain prompt judicial review.
E. Ten(10) working days prior to submittal of an application for a sex
oriented business zoning permit for Staff Review, the applicant shall: (i) cause
notice of the application to be printed in a newspaper of general circulation; and
(ii) give mailed notice of the application to property owners within one thousand
(1000') feet of the proposed location of the sex oriented business; and the City of
Huntington Beach, Department of Community Development by first class mail.
The notice of application shall include the following:
1. Name of applicant;
2. Location of proposed sex oriented business, including street
address if known) and/or lot and tract number;
3. Nature of the sex oriented business, including maximum height
and square footage of the proposed development;
4. The City Hall telephone number for the Department of Community
Development to call for viewing plans;
j mpA egdraft/212rev/12/1/97
5. The date by which any continents must be received in writing by
the Department of Community Development. This date shall be
ten (10) working days from staff review submittal; and
6. The address of the Department of Community Development.
F. A sex oriented business may not apply for a variance pursuant to
Chapter 241 nor a special sign permit pursuant to Chapter 233.
G. A sex oriented business zoning permit shall become null and void
one year after its date of approval unless:
1. Construction has commenced or a Certificate of Occupancy has
been issued, whichever comes first; or
2. The use is established.
H. The validity of a sex oriented business zoning permit shall not be affected
by changes in ownership or proprietorship provided that the new owner or
proprietor promptly notifies the Director of the transfer.
I. A sex oriented business zoning permit shall lapse if the exercise of rights
granted by it is discontinued for 12 consecutive months.
jmpA egdrafV212rev/I 2/1197
33-7P
IG AND IL Districts: Additional Provisions(continued)
(A) Limited to facilities on sites of 2 acres or less.
(B) A conditional use permit from the Zoning Administrator is required for any new use
or enlargement of an existing use, or exterior alterations and additions for an
existing use located within 150 feet of an R district. The Director may waive this
requirement if there is no substantial change in the character of the use which would
affect adjacent residential property in an R District.
(C) Accessory office uses incidental to a primary industrial use are limited to 10 percent
of the floor area of the primary industrial use.
(D) Adjunct office and commercial space, not to exceed 25 percent of the floor area of
the primary industrial use, is allowed with a conditional use permit from the Zoning
Administrator, provided that it is intended primarily to serve employees of the
industrial use, .no exterior signs advertise the adjunct use, the adjunct use is
physically separated from the primary industrial use, any retail sales are limited to
goods manufactured on-site, and the primary industrial fronts on an arterial.
(E) See Section 241.22: Temporary Use Permits.
(F) See Chapter 236: Nonconforming Uses and Structures.
(H) Medical/dental offices, insurance brokerage offices, and real estate brokerage
offices, except for on-site leasing offices, are not permitted in any I District.
Administrative, management, regional or headquarters offices for any permitted
industrial use, which are not intended to serve the public, require a conditional use
permit from the Zoning Administrator to occupy more than 10 percent of the total
amount of space on the site of the industrial use.
(1) Automobile dismantling, storage and/or impound yards may be permitted subject to
the approval of a conditional use permit by the Planning Commission and the
following criteria:
(a) The site shall not be located within 660 feet of an R district.
(b) All special metal cutting and compacting equipment shall be completely
screened from view.
(c) Storage yards shall be enclosed by a solid 6-inch concrete block or masonry
wall not less than 6 feet in height and set back a minimum 10 feet from
abutting streets with the entire setback area permanently landscaped and
maintained.
(d) Items stacked in the storage yard shall not exceed the height of the screening
walls or be visible from adjacent public streets.
(J) Limited to facilities serving workers employed on-site.
7
implk/ordinancelsob2 1 211 115197
33-7g
IG AND IL Districts: Additional Provisions - (continued)
(K) See Section 230-46: Single Room Occupancy.
(L) Limited to Emergency Shelters.
(M) New construction and initial establishment of a permitted use shall be subject to the
.approval of a conditional use permit by the Zoning Administrator unless Planning
Commission approval is required. Change of use shall be subject to the approval of
the Director unless the new use requires approval of a conditional use permit.
(N) Major outdoor operations require conditional use permit approval by the Planning
Commission. Major outside operations include storage yards and uses utilizing
more than 1/3 of the site for outdoor operation.
(0) See Section 230.40: Helicopter Takeoff and Landing Areas.
(P) See Section 230.44: Recycling Operations.
(Q) See Section 230.50: Indoor Swap Meets/Flea Markets
(R) See L-11(A) relating to locational restrictions.
212.06 IG AND IL Districts: Development Standards
The following schedule prescribes development standards for the I Districts. The first two
columns prescribe basic requirements for permitted and conditional uses in each district.
Letters in parentheses in the "Additional Requirements" column reference requirements
following the schedule or located elsewhere in this ordinance. In calculating the maximum
gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of
net site area. Fractional numbers shall be rounded down to the nearest whole number. All
required setbacks shall be measured from ultimate right-of-way and in accordance with
definitions set forth in Chapter 203, Definitions.
Additional
Requirements
IG IL
Residential Development (M)
Nonresidential Development
Minimum Lot Area (sq. ft.) 20,000 20,000 (A)(B)(N)
Minimum Lot Width (ft.) 100 100 (A)(B)
Minimum Setbacks (A)(C)
Front (ft.) 10;20 10;20 (D)
Side (ft.) - 15 (E)(F)
Street Side (ft.) 10 10
8
jmplklordinancelsob212/11/5197
33-71?
Rear (ft.) - - (E)
Maximum Height of Structures (ft.) 40 40 (G)
Maximum Floor Area Ratio (FAR) 0.75 0.75
Minimum Site Landscaping (°/8) 8 8 {H){I)
Fences and Walls See Section 230.88
Off-Street Parking and Loading See Chapter 231 (J) -
Outdoor Facilities See Section 230.74
Screening of Mechanical Equipment See Section 230.76 (K)
Refuse Storage Area See Section 230.78
Underground Utilities See Chapter 17.64
Performance Standards See Section 230.82 (L)
Nonconforming Uses and Structures See Chapter 236
Signs See Chapter 233
(rest of page not used)
9
jmplklordinancelsob212l1114l97
33-7.0
1G AND IL Districts: Additional Development Standards
(A) See Section 230.62: Building Site Required and Section 230.64: Development on -
Substandard Lots.
(B) Smaller lot dimensions for new parcels may be permitted by the Zoning
Administrator with an approved development plan and tentative subdivision map.
(C) See Section 230.68: Building Projections into Yards and Required Open Space.
Double-frontage lots shall provide front yards on each frontage.
(D) The minimum front setback shall 10 feet and the average setback 20 feet, except for
parcels fronting on local streets where only a 10 foot setback is required.
All I Districts: An additional setback is required for buildings exceeding 25 feet in
height (1 foot for each foot of height) and for buildings exceeding 150 feet in length
(1 foot for each 10 feet of building length) up to a maximum setback of 30 feet.
(E) In all I districts, a 15-foot setback is required abutting an R district and no openings
in buildings within 45 feet of an R district.
(F) A zero-side yard setback may be permitted in the I districts, but not abutting an R
district, provided that a solid wall at the property line is constructed of maintenance-
free masonry material and the opposite side yard is a minimum of 30 feet.
Exception. The Zoning Administrator or Planning Commission may approve a
conditional use permit to allow a 15-foot interior side yards opposite a zero-side yard
on one lot, if an abutting side yard at least 15 feet wide is provided and access
easements are recorded ensuring a minimum 30-foot separation between buildings.
This 30-foot accessway must be maintained free of obstructions and open to the
sky, and no opening for truck loading or unloading shall be permitted in the building
face fronting on the accessway unless a 45-foot long striped areas is provided solely
for loading and unloading entirely within the building.
(G) See Section 230.70: Measurement of Height. Within 45 feet of an R district, no
building or structure shall exceed a height of 18 feet.
(H) Planting Areas. Required front and street-side yards adjacent to a public right-of-
way shall be planting areas except for necessary drives and walks. A 6-foot wide
planting area shall be provided adjacent to an R district and contain one tree for
each 25 lineal feet of planting area.
(1) See Chapter 232: Landscape Improvements.
(J) Truck or rail loading, dock facilities, and the doors for such facilities shall not be
visible from or be located within 45 feet of an R district.
(K) See Section 230.80: Antennae.
90
jmplklord inancelsob21211114/97
337�
IG AND IL Districts: Additional Development Standards - (continued)
(L) Noise. No new use shall be permitted, or exterior alterations and/or additions to an -
existing use allowed, within 150 feet of an R district until a report prepared by a
California state-licensed acoustical engineer is approved by the Director. This
report shall include recommended noise mitigation measures for the industrial use to
ensure that noise levels will conform with Chapter 8.40 of the Municipal Code. The
Director may waive this requirement for change of use or addition or exterior
alteration to an existing use if it can be established that there had been no previous
noise offense, that no outside activities will take place, or if adequate noise
mitigation measures for the development are provided.
(M) Group residential or accessory residential uses shall be subject to standards for
minimum setbacks and height of the RH District.
212.08 Review of Plans
All applications for new construction and exterior alterations and additions shall be
submitted to the Community Development Department for review. Discretionary review
shall be required as follows:
A. Zoning Administrator Review. Projects requiring a conditional use permit
from the Zoning Administrator; projects including a zero-side yard exception;
projects on substandard lots.
B. Design Review Board. Projects within redevelopment project areas and
areas within 500 feet of a PS district; see Chapter 244.
C. Planning Commission. Projects requiring a conditional use permit from the
Commission.
D. Projects in the Coastal Zone. A Coastal Development Permit is required
unless the project is exempt; see Chapter 245.
11
j mp/k/ord ina ncelsob2 1 211 1 1419 7
__ .........
+ �eZla . '
Sections:
231.02 Basic Requirements for Off-Street Parking and Loading
231.04 Off-Street Parking and Loading Spaces Required
231.06 Joint Use Parking
231.08 Reduced Parking for Certain Uses
231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area
231.12 Parking Spaces for the Handicapped
231.14 Parking Space Dimensions
231.16 Application of Dimensional Requirements
231.18 Design Standards
231.20 Compact Parking
231.22 Driveways; Visibility
231.24 Landscape Improvements
231.26 Parking Area Plan Required
231.28 Oceanside or On-Street Parking within the Coastal Zone
231.02 Basic Requirements for Off-Street Parking and Loading
A. When Required. At the time of initial occupancy of a site, construction of a
structure, or major alteration or enlargement of a site or structure, off-street
parking facilities and off-street loading facilities shall be provided in accord with
this chapter and parking area landscaping shall be provided in accord with
Chapter 232. For the purposes of these requirements, "major alteration or
enlargement" shall mean a change of use, an expansion of greater than 50
percent of the existing space in a non-residential building or an addition of
bedrooms or units in a residential building. A change in occupancy that does
not involve a change in the use classification is not considered a change in use
for purposes of this requirement unless the change in occupancy involves an
intensification of use or an increase in parking demand.
B. Nonconforming Parking or Loading. No existing use of land or structure shall
be deemed to be nonconforming solely because of the lack of off-street parking
or loading facilities required by this chapter, provided that facilities being used
for off-street parking and loading as of the date of adoption of this chapter shall
not be reduced in number to less than that required by this chapter. Expansion
of a use with nonconforming parking shall be subject to the following
requirements:
1. A multi-family residential use with nonconforming parking may be
expanded by adding bedrooms or additional units provided that the
expansion complies with current standards contained in this chapter;
1
jmplklordin ancelsob2 3 1 11 1 1419 7
EXHIBIT D
.........
33-78
2. A single-family residence with nonconforming parking may be expanded
by adding bedrooms provided the dwelling complies with current
standards contained in this chapter; and
3. A nonresidential use with nonconforming parking may be expanded less
than 50 percent of the existing square footage or intensified if additional
parking is provided for the expansion or intensification. Expansions of 50
percent or more of the existing square footage require the site to be in
total compliance with the current parking standards contained in this
chapter.
C. Spaces Required for Alteration or Enlargement. The number of parking spaces
or loading spaces required for an alteration or enlargement of an existing use
or structure, or for a change of occupancy, shall be in addition to the number of
spaces existing prior to the alteration, enlargement, or change of occupancy
unless the preexisting number is greater than the number prescribed in this
chapter. In this case, the number of spaces in excess of the prescribed
minimum shall be counted in determining the required number of parking or
loading spaces.
D. Spaces Required for Multiple Uses. If more than one use is located on a site,
the number of off-street parking spaces and loading spaces to be provided
shall be equal to the sum of the requirements prescribed for each use. This
requirement applies not only to multiple uses under separate ownership but
also to multiple uses in the same ownership. If the gross floor area of
individual uses on the same site is less than that for which a loading space
would be required by Section 231.05A, but the aggregate gross floor area of all
uses is greater than the minimum for which loading spaces would be required,
the aggregate gross floor area shall be used in determining the required
number of loading spaces.
E. Location and Ownership. Parking facilities required by this chapter shall be on
the same site as the use served, except that an adjacent lot may be used
which is in the same person's possession as the structure or use. Such
possession may be by deed or long-term lease, approved as to form by the
City Attorney, and recorded in the Office of the County Recorder. A copy of the
recorded document stipulating the reservation of the property for parking
purposes shall be filed with the City prior to issuance of a building permit
and/or certificate of occupancy, whichever occurs first. No use shall be
continued if the parking is removed from the adjacent lot unless substitute
parking is provided. Parking facilities provided by a parking district or parking
authority are not subject to these locational requirements.
1. Parking in Yards in R_Districts. The parking of motor vehicles, trailers,
campers and boats shall be prohibited on all landscaped areas within the
front one-half of the lot except as provided below.
(a) Oversized vehicles (see Definitions Chapter 203), campers, trailers
and boats on trailers may be parked on the paved driveway area or
on a paved area between the driveway and the nearest side property
line provided that they do not project over any property line and that
the area is kept free of trash, debris and parts.
2
imp/k/ordinancelsob231l1114197
33�g
(b) Commercial oversized vehicles (see Definitions Chapter 203) or
special purpose machines shall be prohibited in any yard area.
2. Parking in Yards in C or I Districts. Required yards may be used for
required parking, subject to the landscaping standards of Chapter 232.
3. Access. When a lot abuts an arterial highway and a local street, access
to on-site parking shall be from the local street. When a lot abuts an alley,
then access to parking shall be provided from the alley unless the
Planning Commission approves a different access. When a lot abuts two
arterial highways or two local streets, access shall be subject to the
approval of the Director of Public Works.
4. Non-residential Parking in R Districts. Non-residential parking serving
adjacent commercial or industrial uses shall not be located in any R zoned
property.
F. Computation of Spaces Required. If, in the application of the requirements of
this chapter, a fractional number is obtained, one additional parking space or
loading space shall be required.
G. Other Requirements
1. Any off-street parking or loading facility which is permitted but not required
shall comply with all provisions of this chapter governing location, design,
improvement and operation.
2. Any motor vehicle incapable of movement by its own power and/or not
licensed to operate on California streets shall be stored either in an
enclosed building or entirely screened from view.
.231.04 Off-Street Parking and Loading Spaces Required
A. Non-residential uses shall provide one loading space (minimum fourteen [141
feet in width, twenty [20] feet in length, and fourteen [14] feet in height) for
each 20,000 square feet, or fraction thereof, of gross floor area; however, a
maximum of three (3) such spaces are required for buildings exceeding 60,000
square feet. No loading space is required for non-residential uses with less
than 20,000 square feet of gross floor area.
B. Off-street parking spaces shall be provided in accord with the following
schedule. References to spaces per square foot are to be computed on the
basis of gross floor area, unless otherwise specified.
Where the use is undetermined, the approving body shall determine the
probable use and the number of parking and loading spaces required. In order
to make this determination, the Director may require the submission of survey
data prepared by a state-registered traffic engineer for the applicant or
collected at the applicant's expense. Parking spaces over and above the
minimum number specified in this section may be required by the body
responsible for reviewing the use itself based on the intensity of the use.
3
jmp/k/ord1nance/sob231/11/4/97
33�8
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A
Use Classification Spaces
Residential
Single-family Dwellings
New construction
0-4 bedrooms 2 enclosed and 2 open
5 or more bedrooms 3 enclosed per unit and 3 open per unit
Existing Dwellin s
0-4 bedrooms 2 enclosed and 2 open'
5 or more bedrooms 2 enclosed per unit and 3 open per unit'
In the RMH-A district 2 enclosed spaces per unit with up to three
bedrooms, and 1 space for each additional
bedroom; 1 additional space per dwelling
where no on-street parking is allowed
Multi-family Dwellings
Studiolone bedroom 1 enclosed space per unit
2 bedrooms 2 spaces (1 enclosed) per unit
3 or more bedrooms 2.5 spaces (1 enclosed) per unit
Guests 0.5 space per unit
'Open spaces may be behind any required spaces andlor on a street adjacent to
the property. On-street parking may not be reserved for residents and/or guests but
.must be available to the general public on a first-come, first-serve basis.
(Rest of page not used)
4
jmplWord inancelsob23111114197
.. . ........... ..
3378
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A
Use Classification Off-Street Parking Spaces
Senior
Studio/one bedroom 1 covered space per unit
Two bedrooms 1.5 spaces per unit (1 covered)
.Manufactured Homes 2 spaces per unit; one covered, and one
may be behind the first
Guest 1 per 3 manufactured homes
Rooming House 1 space per guest room plus
1 space per owner/manager plus
1 space per each 10 guest rooms
Residential Care, Limited 1 per 3 beds
Public and Semi-public
Clubs and Lodges 1 per 35 sq. ft. used for assembly purposes
of 1 per 3 fixed seats (18 inches = one seat),
whichever is greater
Cultural Facilities 1 per 300 sq. ft. gross floor area
Day Care, General 1 per staff member plus one per classroom
Government Offices 1 per 250 sq. ft. gross floor area
Heliports As specified by use permit
Hospitals 1 per 1.5 beds
Maintenance and Service Facilities 1 per 500 sq. ft.
Park and Recreation Facilities As specified by conditional use permit for
private facilities
Public Safety Facilities As specified by the conditional use permit
Religious Assembly 1 per 35 sq. ft. of public assembly area, or 1
per 3 fixed seats (18 inches = 1 seat),
whichever is greater
Residential Care, General 1 per 3 beds; plus additional spaces, as
specified by conditional use permit
Schools, Public or Private
Preschools, nursery day 1 per staff member, plus one per classroom
care
Elementary, junior high 1.5 per classroom
High school/college 7 per classroom
5
jmp/Word inancelsob23111114197
337b'
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)
Use Classification Off-Street Parking Spaces
Trade schools, music 1 per 35 sq. ft. of instruction area
conservatories
Utilities, Major As specified by conditional use permit
Commercial
Ambulance Services 1 per 500 sq. ft.; plus 2 storage spaces
Animal Sales and Services
Animal boarding 1 per 200 sq. ft.
Animal grooming 1 per 200 sq. ft.
Animal hospitals 1 per 200 sq. ft.
Animal, retail sales 1 per 200 sq. ft.
Artists' Studios 1 per 1,000 sq. ft.
Banks and Savings & Loans 1 per 200 sq. ft.
Drive-Up Service Queue space for 5 cars per teller
Building Materials and Services 1 per 1,000 sq. ft. of lot area; minimum 10
plus 11300 sq. ft. office area
Catering Services 1 per 400 sq. ft.
Commercial Recreation and
Entertainment
Bowling Alleys 3 per lane, plus 1 per 250 sq. ft. of public
assembly and retail areas
Electronic Game Centers 1 per 200 sq. ft.
Health Clubs 1 per 200 sq. ft.
Stables 1 per 3 corrals plus 1 horse trailer space for
each 10 corrals plus 2 for caretaker's unit
Tennis/Racquetball 3 per court
Theaters 1 per 3 fixed seats, or 1 per 35 sq. ft. seating
area if there are no fixed seats
Other Commercial As specified by the Zoning Administrator or
Recreation and Planning Commission
Entertainment
Communications Facilities 1 per 500 sq. ft.
Eating and Drinking Establishments
with less than 12 seats 1 per 200 sq. ft.
with more than 12 seats 1 per 60 sq. ft. or 1 per 100 sq. ft. when on a
site with 3 or more uses
6
jmp/k/ordinancelsob231111/a/97
3 37V
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)
Use Classification Off-Street Parking Spaces
with dancing Plus 1 per 50 sq. ft. of dancing area
with drive through service Plus queue space for 5 cars per service
window
Food and Beverage Sales 1 per 200 sq. ft.
Furniture and Appliance Stores 1 per 500 sq. ft. excluding areas used for
storage or loading, but not less than 5
Funeral and Interment Services 1 per 35 sq. ft. of seating space
Hardware Stores 1 per 200 sq. ft. excluding areas used for
storage or loading, but not less than 5
Horticulture, Limited 1 per 2 acres
Laboratories 1 per 500 sq. ft.
Maintenance and Repair Services 1 per 500 sq. ft.
Marine Sales and Services 1 per 500 sq. ft.
Nurseries 1 per 1,000 sq. ft. of indoor/outdoor sales
and/or display lot area accessible for public
viewing, but no less than 10; plus 1 per 300
sq. ft. office area
Offices, Business and Professional 1 per 250 sq. ft. for less than 250,000 sq. ft.;
1 per 300 sq. ft. for 250,000 sq. ft. or more
Offices, Medical and Dental 1 per 175 sq. ft. (includes out-patient
medical/surgery centers)
Pawn Shops 1 per 200 sq. ft.
Personal Enrichment Services 1 per 35 sq. ft. of instruction area
Personal Services 1 per 200 sq. ft.
Research and Development 1 per 500 sq. ft.
Services
Retail Sales Not Listed Under 1 per 200 sq. ft.
Another Use Classification
Sex Oriented Business
Cabaret with less than 12 seats, 1 per 200 sq. ft.; with
7
jmplklord ina ncelsob231111l4197
337P
12 seats or more, 1 per 60 sq. ft. or 1 per
100 sq. ft. if on a site with three or more uses
Encounter center 1 per 35 sq. ft. of instruction area
Escort bureau 1 per 250 sq. ft.
Hotel/Motel 1.1 per guest room; plus 1 per passenger
transport vehicle (minimum of 2 stalls) and 2
spaces for any manager's unit and parking
for other uses as required by this schedule
Mini-motion picture 1 per 3 fixed seats, or 1 per 35 sq. ft. seating
theater, motion area if there are no fixed seats
picture theater or
motion picture
arcade
Retail sales 1 per 200 sq. ft.
Swap Meets, Indoor/Flea Markets 1/100 sq. ft. except as may be modified by
the Planning Commission through the
conditional use permit process, after
submittal, review and approval of a traffic
engineering study
(Rest of page not used)
8
jmp/k/ordinancelsob231/11/26197
337e
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)
Use Classification Off-Street Parking Spaces
Vehicle/Equipment Sales and
.Services
Automobile Rentals 1 per 1,000 sq. ft. of indoor/outdoor sales
and/or display lot area accessible for public
viewing, but no less than 10; plus 1/300 sq.
ft. office area; 1/200 sq. ft. auto service area
Automobile Washing (Car
Wash)
Full-service 10
(attended)
With fuel sales 12
Self-service (unattended) 1.5 per wash stall
Service Stations
full-serve/repair garage 1 per 500 sq. ft. but no less than 5
self-serve 2
with convenience 1 per 200 sq. ft. of retail space but no less
markets than 8
with self-serve car wash 4
with self-serve car wash 10
and convenience
market
Vehicle/Equipment Repair 1 per 200 sq. ft. but no less than 5
Vehicle/Equipment Sales 1 per 1,000 sq. ft. of indoor/outdoor sales
and Rentals and/or display lot area accessible for public
viewing, but no less than 10; plus 1 per 300
sq. ft. office area; 1 per 200 sq. ft. auto
service area
Vehicle Storage 1 per 5,000 sq. ft. lot area; no less than 5
Visitor Accommodations:
Bed and Breakfast 1 per guest room plus 1 guest and 1
manager/owner space
Hotels, Motels 1.1 per guest room; plus 1 per passenger
transport vehicle (minimum of 2 stalls) and 2
spaces for any manager's unit and parking
for other uses as required by this schedule
Single Room Occupancy, 0.5 per unit if project is within 2,000 feet of
Residential Hotels public bus stop; 1.0 per unit if project is not
within 2,000 feet of public bus stop; plus 1.0
per each resident staff member and 0.5 per
all remaining personnel
Warehouse and Sales Outlets 1 per 200 sq. ft.
E
Industrial
9
jmplk1ordinancelsob23111114197
33-78
Speculative buildings 1 per 500 sq. ft. (maximum 10% office area)
Manufacturing, research assembly, 1 per 500 sq ft.
packaging
Wholesaling, warehousing and 1 per 1,000 sq. ft.
distributing space
(Rest of page not used)
10
jmplklordinancelsob23111114197
3 3-78
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)
Use Classification Off-Street Parking Spaces
Offices 1 per 250 sq. ft. if office area exceeds 10
percent of gross floor area
Outside uses: Storage, wrecking/ 1 per 5,000 square feet of lot area, but no
salvage and lumber yards less than 5
Mini-storage facilities
Single-story 1 per 5,000 square feet
Each additional story 1 per 2,000 square feet plus 2 spaces for
any caretaker's unit
231.06 Joint Use Parking
In the event that two (2) or more uses occupy the same building, lot or parcel of
land, the total requirement for off-street parking shall be the sum of each individual
use computed separately except as provided in this section.
The Planning Commission or Zoning Administrator may grant a reduction in the total
number of required spaces as part of the entitlement for the use or uses, or by
conditional use permit when no other entitlement is required, when the applicant can
demonstrate that the various uses have divergent needs in terms of daytime versus
nighttime hours or weekday versus weekend hours. Such joint use approvals shall
be subject to the following:
1. The maximum distance between the building or use and the nearest point
of the parking spaces or parking facility shall be 250 feet; and
2. There shall be no conflict in the operating hours based on parking space
requirements for the different uses on the parcel; and
3. Evidence of an agreement for such joint use shall be provided by proper
legal instrument, approved as to form by the City Attorney. The
instrument shall be recorded in the Office of the County Recorder and
shall be filed with the City prior to issuance of building permit and/or
certificate of occupancy, whichever occurs first.
231.08 Reduced Parking for Certain Uses
A. The Planning Commission may approve a conditional use permit reducing the
number of spaces to less than the number specified in the schedule in Section
231.04, provided that the following findings are made:
1. The parking demand will be less than the requirement in Schedule A; and
2. The probable long-term occupancy of the building or structure, based on
its design, will not generate additional parking demand; and
11
jmplk/ordinance1sob231/11/4/97
337g
3. A Transportation Demand Management plan which exceeds the minimum
required by Section 230.36 has been approved by the Director.
B. In reaching a decision, the Planning Commission shall consider survey data
prepared by a state-registered traffic engineer that is submitted by an applicant
or collected at the applicant's request and expense. _
231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area
Parking requirements for private property uses within the Downtown Specific Plan
Area may be met by payment of an "in-lieu" fee for providing parking in a parking
facility subject to conditional use permit approval by the Planning Commission. Said
fee may be paid in multiple installments. The first installment in an amount
established by City Council Resolution for each parking space shall be paid prior to
the issuance of building permits or of a certificate of occupancy, whichever comes
first. Any successive installments shall be paid and secured by a mechanism
established in the conditions of approval.
231.12 Parking Spaces for the Handicapped
New and existing parking facilities shall comply with the State Handicapped
Regulations as mandated in State law.
231.14 Parking Space Dimensions
Required parking spaces shall have the following minimum dimensions in feet.
Striping requirements are depicted in Diagram A. Directional signs and/or pavement
markings shall be provided in any facility in which one-way traffic is established.
Angle of Stall Stall Aisle Width'
Parking Width Depth 1-way 2-way
00 9 19 (with 8 ft. Striped 12 20
(Parallel) maneuvering area
between every 2 spaces)
300 9 19 14 20
450 9 19 15 20
600 9 19 20 20
900 9 19 26 26
Residential 9 19 25 25
Compact 8 17 subject to Section 231.20
12
jmp/k/ord1nance/sob231/11/4/97
.. .... ..... ..... ..
33'7&'
'Minimum 24 feet when determined by Fire Department to be a fire lane.
300 ,450 & 600 Parking
119
dohs/0 0'...
900 Parking 24 In. Exterior
Dimension
C" 19 Ft. j 18 In. Interior
Dimension
Parallel Parking
9 ft. \
8 ft. -I 19 ft. 19 ft. 8 ftJ
GMV0DFZAW1231-STRP.8M
STRIPING REQUIREMENTS
DIAGRAM A
13
jmp/k/ordinance1sob231/11/4/97
231.16 Application of Dimensional Requirements
A. Relation to Walls and Posts/Columns. A parking space on a site with more
than five (5) parking spaces and which is adjacent to a wall over twelve (12)
inches in height shall be increased in width by three (3) feet. Post/columns
may be permitted along the side of each space only within three (3) feet of the
head and foot of each stall.
B. Vertical Clearance. Vertical clearance for parking spaces shall be 7 feet,
except that an entrance may be 6.67 feet. When handicapped parking is
provided, vertical clearance shall comply with California Code of Regulations
(Title 24, Part 2, Chapter 2-71).
For residential uses, non-structural improvements including wall-mounted
shelves, storage surface racks, or cabinets may encroach.into the vertical
clearance, provided a minimum 4.5 feet vertical clearance is maintained above
the finished floor of the garage within the front 5 feet of a parking space.
C. Wheel_Stops. All spaces shall have wheel stops 2.5 feet from a fence, wall,
building or walkway.
D. Parking Space Dimension Reduction. When a parking space abuts a
landscape planter, the front 2 feet of the required 19 foot length for a parking
space may overhang the planter as provided in Chapter 232.
231.18 Design Standards
A. Public Works Requirements. Drive entrances on arterial highways shall be
located in a manner to coordinate with future median openings and in accord
with Department of Public Works standards. The paved surface of driveways
and drive entrances shall comply with Department of Public Works
specifications. Parking facilities shall be prepared, graded, and paved to
ensure that all surface waters will drain into a public street, alley, storm drain,
or other drainage system approved by the Department of Public Works. Aisle
ways without adjacent parking shall be a minimum 24 feet in width.
B. Circulation Design. All off-street parking spaces shall have access to a public
street or alley, and shall have internal circulation, safe entrances and exits,
drives, and aisles in conformance with City standards. Every required parking
space shall have unobstructed access from an aisle without moving another
vehicle. All parking spaces, except residential garages and carports for single-
family dwellings and duplexes, shall have forward travel to and from parking
facilities when access is to a dedicated street. Traffic circulation shall be
designed so that no vehicle need enter a public street in order to progress from
one aisle to any other aisle within the same development.
Commercial centers which have 200 parking spaces or more shall have at least
one main entrance designed as depicted in Diagram B.
14
jmplklordinance/soh231/1114/97
3-3-7k
100,
4%
724ft 2dt
Oft.
COMMERCIAL CENTER MAIN ENTRANCE
FOR PARKING LOTS WITH OVER 200 SPACES
DIAGRAM B
A minimum 3-foot-by-3-foot-wide maneuvering area shall be.provided at the
end of dead-end parking aisles less than 150 feet in length. A vehicle
turnaround space shall be provided at the end of all dead-end parking aisles
which exceed 150 feet in length (measured from the closest intersecting aisle
with complete circulation). The maneuvering area and turnaround space shall
be designed as depicted in Diagram C. Other turnaround arrangements
providing the same maneuverability are subject to approval by the Director.
2 ft.
Wheel Maneuvering 19 ft..
stop I area
9 ft.
L 26 ft.
3 ft
V"Step off area C1.ND1V9DMVA23 I-MD.BMP
TURN-AROUND SPACE AND MANEUVERING AREA
DIAGRAM C
15
jMp/k/ordinance/sob231/11/4/97
, 3W
C. Illumination. All parking area lighting shall be energy-efficient and designed so
as not to produce glare on adjacent residential properties. Security lighting
shall be provided in areas accessible to the public during nighttime hours, and
such lighting shall be on a time-clock or photo-sensor system.
D. Residential parking
1. Garages and Carports. All required garages and carports, permitted as
accessory structures, shall be constructed at the same time as the main
building and shall be used only by persons residing on the premises for
storage of personal vehicles and other personal property.
2. Assignment of Spaces. Each studio and one bedroom dwelling unit shall
have a minimum of one assigned parking space and each two or more
bedroom units shall have a minimum of two assigned parking spaces.
Each dwelling unit shall have an enclosed, assigned space which shall be
within 200 feet walking distance of that unit and designated as such. The
assigned spaces shall be provided with the rental of a dwelling unit
without any additional cost. All unassigned spaces provided on site shall
be open and only used for the parking of vehicles by persons residing on
the property or their guests.
3. Turning Radius. The minimum turning radius for any garage, carport or
open parking space, entered directly from an alley or driveway, shall be
25 feet. (See Diagram D)
STREET
GA AGE
___----AtLEY--
DRIVEWAY
STREET
STREET
G ADMDRAM231-TURN.BMP
TURNING RADIUS
DIAGRAM D
16
jmplklordinancelsob23111114197
4. Driveway Width.
Length of Drive Minimum Driveway Width
150 feet or less 10 ft. for single family dwellings
20 ft. for multi-family dwellings
Greater than 150 feet 20 feet clear width
Exception: when designated as fire lane, all
Fire Department requirements shall apply.
5. Guest Parking. All guest parking shall be fully accessible.
6. Coastal Zone. Each dwelling unit located in the Coastal Zone shall have
a minimum of 2 on-site parking spaces. If the total coastal parking
requirements exceed the total minimum parking as required by this
chapter, the additional required parking spaces may be in tandem with
enclosed spaces, provided the tandem space is assigned to an enclosed
space and complies with the required turning radius.
7. Planned Residential Developments. In a planned residential development
where a garage is constructed a minimum of 20 feet from the curb, the
driveway in front of the garage may be used to provide one of the required
uncovered spaces.
S. Driveway Air Space. The air space above all driveways which exceed
150 feet in length shall remain open to the sky, except that eaves or roof
overhangs with a maximum 4-foot projection may be permitted above a
height of 14 feet.
9. Storage Space. 100 cubic feet of enclosed storage space for each unit
shall be provided in a secured parking area where there is no private
garage.
10. Accessory Dwelling. One additional off-street parking space shall be
required for an accessory dwelling, except that in the coastal zone there
shall be a minimum of four (4) parking spaces on-site.
E. Non-residential Parking and Loading
1. Designated Parking- Parking spaces within an integrated, non-residential
complex shall not be designated for exclusive use of any individual tenant
except as authorized by a parking management plan approved by the
Director.
2. Parking Controls. Parking controls, such as valet service, gates or
booths, and/or collection of fees may be permitted when authorized by
conditional use permit approval by the Planning Commission.
3. Minimum Driveway Width. 25 feet when providing access to the rear of a
structure.
17
jmplklordinancelsob231111!Al97
33`79>
4. Reciprocal Access. Reciprocal ingress/egress access with adjacent
properties shall be provided for all commercial properties.
5. Loading Location. On a site adjoining an alley, a required loading space
shall be accessible from the alley unless alternative access is approved
by the Director. An occupied loading space shall not prevent access to a
required parking space. Truck or rail loading, dock facilities, and doors for
such facilities shall not face or be located within 45 feet of property zoned
or general planned residential.
6. Loading Desi n. Any loading facility shall be designed and located so
that vehicles need not extend onto the public sidewalks, streets or alleys
during loading activities.
7. Landscape Buffer. Where the side or rear yard of a parcel is used for
loading activities and abuts an R District, a landscaped buffer along the
property line shall be provided.
F. _Seasonal and Temporary Parking Lots. Seasonal and temporary parking lots
may be allowed upon approval of a conditional use permit by the Zoning
Administrator. Seasonal lots may operate only from Memorial Day through the
third weekend in September and shall be located within 1,000 yards of the
mean high tide line of the Pacific Ocean. Temporary and seasonal commercial
parking lots may be permitted for a maximum of five years. The design and
layout of seasonal and temporary parking lots shall comply with this chapter,
Fire Department requirements, and the following standards:
1. Paving shall be 2 inches of asphalt over compacted native soil, or as
approved by the Department; except seasonal parking lots shall be
surfaced to meet minimum specifications for support of vehicles and to
provide dust control as required by the Zoning Administrator.
2. Boundaries of such lots shall be marked off and secured by chain or
cable, with posts a minimum of 3 feet in height, solidly built. At a
minimum, posts shall consist of 4" x 4" wood or equivalent metal posts a
minimum of 1-1/2 inches in diameter securely set in the ground and
placed 8 feet on center. The posts shall be connected with at least 1
strand of 1/2-inch cable or chain securely fastened to each post. An
opening shall be provided to accommodate vehicle access during
business hours. Seasonal lots shall be secured to prevent overnight
parking between the closing hour on one business day and the opening
hour the following business day.
3. Temporary parking lots shall have landscaped planters with an inside
dimension of 3 feet along street-side property lines excluding driveways.
Landscaping shall be protected from vehicle and pedestrian damage by
wheel bumpers (asphalt, concrete, or wood), or asphalt or concrete curbs,
or any other design that will provide adequate protection.
4. Seasonal parking lots are exempt from landscaping requirements of
Chapter 232.
5. Directional and informational signs shall be displayed on-site to identify
the entrance(s), fees, and hours of operation. Such signs shall be located
18
jmp/k/ordinance/sob231/11/4197
at the entrance of the parking lot and shall not exceed 12 square feet and
shall be 6 feet high. Signs for seasonal parking lots shall be removed
from the site each season no later than the third weekend in September.
6. Automatic entry devices or fee collection points shall be set back a
minimum of 20 feet from the public right-of-way, or at a distance
recommended by the Department of Public Works and approved by the
Director.
7. An attendant shall be on duty at all times during business hours of
seasonal parking lots.
8. An approved fire extinguisher shall be provided on the premises during
business hours.
9. The site shall be maintained in a clean condition, free from trash and
debris. Trash containers shall be placed on the site to accommodate and
store all trash that accumulates on the lot.
For seasonal parking lots, a certificate of insurance for combined single limit
bodily injury and/or property damage including products liability in the amount
of$1,000,000 per occurrence shall be filed with the Department of
Administrative Services. A hold harmless agreement holding the City harmless
shall also be filed with the Department of Administrative Services.
Subsequent to approval of an application for any seasonal or temporary
parking lot, the applicant shall meet all standards and requirements and install
all improvements. The parking lot shall then be inspected and approved by the
Director prior to issuance of a Certificate to Operate.
G. Parking Structures. Parking structures above or below grade shall be subject
to conditional use permit approval by the Planning Commission when no other
entitlement is required. In addition, parking structures proposed within the
coastal zone shall be subject to approval of a coastal development permit. All
parking structures shall comply with the following requirements:
1. Transition ramps which are also used as back-up space for parking stalls
shall have a maximum slope of 5 percent. The maximum slope for
transition ramps with no adjacent parking spaces shall be 10 percent. A
ramp used for ingress and egress to a public street shall have a transition
section at least 16 feet long and a maximum slope of 5 percent.
2. Parking structures with over 300 spaces shall provide secondary
circulation ramps and additional ingress and egress if deemed necessary
by a traffic study prepared by a state-registered traffic engineer.
3. Parking structures shall be provided with a minimum 10-foot-wide
perimeter landscape planter at ground level. Parked cars shall be
screened on each level through landscape planters or trellises and/or
decorative screening wall or railings. The Design Review Board shall
approve the landscaping plan.
4. All parking structures shall be architecturally compatible with existing or
proposed structures and shall be subject to review and approval by the
19
jmplk1ordinancelsob23111 V4197
�3-7
Design Review Board prior to hearing. The Design Review Board shall
consider the following factors in reviewing a proposal: bulk, scale,
proportion, building materials, colors, signage, architectural features, and
landscaping.
5. All parking structures proposed for conversion to a fee parking
arrangement shall be subject to conditional use permit approval by the
Planning Commission. Public parking structures within the coastal zone
proposed for conversion to a fee parking arrangement shall be subject to
approval of a coastal development permit.(3334)
231.20 Compact Parking
The Planning Commission, City Council, or Zoning Administrator, whichever is the
review body, may allow use of compact parking to satisfy a portion of the required
parking upon finding that compact parking will result in a more effective and efficient
circulation pattern and parking layout and enhance the general appearance of the
development and its surroundings. Compact spaces shall be distributed throughout
the parking area and have the same aisle width as full-size spaces. Compact
spaces shall be marked "COMPACT" on the foot of the stall. The number permitted
shall be subject to the following standards:
A. Non-residential developments with a minimum of 20 spaces shall be permitted
to have 20 percent of the total spaces as compact parking.
B. Residential developments with a minimum of 50 units may have 20 percent of
the non-guest parking spaces as compact provided that an equitable system of
assignment and distribution has been established.
231.22 Driveways; Visibility
Visibility of a driveway crossing a street or alley property line or of intersecting
driveways shall be consistent with the requirements of Section 230.88.
231.24 Landscape Improvements
Landscape, planting and irrigation plans shall be prepared consistent with the
requirements of Chapter 232.
231.26 Parking Area Plan Required
Prior to the construction, reconstruction, or restriping of an off-street parking area, a
parking area plan shall be submitted to the Director for the purpose of indicating
compliance with the provisions of this section. This plan shall include:
A. Location and description of fencing and architectural screen walls.
B. Location and placement of parking stalls, including bumpers, striping and
circulation, all dimensioned to permit comparison with approved parking
standards.
C. Location and placement of lights provided to illuminate the parking area.
20
implklordin a ncelsob23111114197
337k
D. A drainage plan showing drainage to a public way in accordance with accepted
standards or practices.
E. A landscape, planting and irrigation plan prepared consistent with the
requirements of Chapter 232.
Single-family dwellings on pre-existing lots are exempt from this requirement.
231.28 Oceanside or On-Street Parking within the Coastal Zone
If any existing oceanside or on-street parking within the coastal zone is removed, it
shall be replaced on a one for one basis in an area that would not result in the loss
of any sandy beach area and within walking distance of the existing site.
Replacement parking shall be assured prior to the issuance of the coastal
development permit and shall be provided before any existing parking is removed so
that there will be no reduction in the number of parking spaces available.
21
jmp/k/ordinancelsob231 I1114197
3378
ChapterF'236 Ming,"
Uses and Structures
Sections:
236.02 General Provisions.
236.04 Destruction of a Nonconforming Structure or Use.
236.06 Alterations to a Nonconforming Structure or Use.
236.08 Sex Oriented Businesses
236.02 General Provisions
A. A nonconforming structure or use shall not be enlarged, increased or
intensified except as provided in this chapter. If any such use ceases,the
subsequent use of such land, structure or building site shall be in
conformance with the regulations specified by this code.
B. A nonconfonu.ing use shall not be resumed, reestablished, or reopened
after it has been abandoned, discontinued or changed to a conforming use.
C. A nonconforming use shall be deemed to be discontinued or abandoned
when such use has ceased to operate or to exist for a period of six (6)
months.
D. A nonconforming use which is not housed in any structure, but occupies a
lot or portion of a lot, shall not be enlarged or extended to any other
portion of the lot or any other lot not so occupied at the time the use
became classified as nonconforming.
E. A nonconforming use occupying either a conforming structure or
nonconforming structure or portion thereof shall not be extended to any
portion of the structure not so occupied at the time the use became
nonconforming.
236.04 Destruction of a Nonconforming Structure or Use
These provisions shall govern reconstruction of the nonconforming structures and/or uses
listed below after such structure or use is destroyed by fire, explosion, act of nature or act
of the public enemy by the percentage of value specified.
A. Nonconforming structures and nonconforming uses destroyed 50% or less
of the value prior to damage may be completely rebuilt.
B. Nonconforming residential uses consisting of 10 or less units destroyed
more than 50% of the value may be completely rebuilt.
Chapter 236 236-1 10/3/94
EXHIBIT E
3378
C. Nonconforming residential uses consisting of more than 10 units destroyed
more than 50% of the value may be completely rebuilt subject to
conditional use permit approval by the Planning Commission provided
current requirements for setback and parking are met.
236.06 Alterations to a Nonconforming Structure or Use
A. Interior alterations and/or repairs may be made which do not enlarge the
square footage or increase the height of a nonconforming use. Reroofing
for health and safety purposes may also be permitted.
B. A structure for a nonconforming use shall not be enlarged or altered on the
exterior in any manner unless:
I. All aspects of the existing structure and the proposed addition are
made to conform to applicable provisions of this Code, or
2. The Planning Commission permits such alteration subject to
approval of a conditional use permit with the following findings:
a. That the alteration is necessary to secure added safety or
reduce the fire hazard or to improve the aesthetic
appearance of the structure's architecture by bringing the
design into greater conformance with the surrounding
neighborhood.
b. That the alteration or addition will not increase the number
of stories.
C. That the alterations will not cause the floor area to exceed
more than ten(10%)percent of the floor area the structure
contained at the time the use became nonconforming.
C. Nonconforming structures may be altered or enlarged provided that the
alteration or enlargement is in conformance with applicable provisions of
Titles 21 and 22.
D. Additions to nonconforming structures proposed to be constructed at the
existing nonconforming yard setbacks shall be subject to approval of a
conditional use permit by the Zoning Administrator,
E. The area of enlargement to a nonconforming structure in any five year
period shall not exceed 50% of the area of the structure as it exists on the
effective date of this ordinance.
236.08 Sex Oriented Businesses
A. Any sex oriented business lawfully operating on the effective date of the
Ordinance No3378that is in violation of Section 212.04 of this Code shall
be deemed a non-conforming use. A non-conforming use will be
Chapter 236 236-2 I0/3/94
337P
permitted to continue for a period of three years with possible one year
extensions (maximum extensions of five (5) years) to be granted by the
Planning Commission only upon a convincing showing by the applicant of
extreme financial hardship which is defined as the recovery of the initial
financial investment in the non-conforming use, unless sooner terminated
for any reason or voluntarily discontinued for a period of thirty (30) days
or more. Such non-conforming uses shall not be increased, enlarged,
extended or altered except that the use may be changed to a conforming
use. if two (2) or more sex oriented businesses are within 750 feet of one
another and otherwise in a permissible location, the sex oriented business
which was first established and continually operating at the particular
Iocation is the conforming use and the later established business(es) is
non-conforming.
B. A sex oriented business lawfully operating as conforming use is not
rendered a non-conforming use by the location, subsequent to the grant of
a sex oriented business zoning permit, of a building used for religious
assembly, school, park and recreational facility or any property zoned RL,
RM, RMH, RE, RMP, and any properties with equivalent designations
under any specific plan within five hundred feet(500') of the sex oriented
business.
C. Any application for a building permit to operate a sex oriented business in
a location that is in violation of Section 212.04 that is filed prior to, but
approved after the effective date of Ordinance N0�379 shall be deemed a
nonconforming use pursuant to Section A. Any such building permit shall
be in effect subject to the applicable zoning regulations in effect prior to
the effective date of Ordinance No. 3378_
Chapter 236 236-3 10/3/94
ID Available Industrial SOB Sites - 500 ft from Sensitive Uses
F-10 South of Bolsa Ave
I
F1043A AV 8. AY
.... _
I.
` fsJ 1 Y• I'
I
I •,
i
Q
O
u
..4
L'
Awilahie WAde P+rc•I+Oubide Srnfilire V+ceufftt Areif �� f—1U—
I inch=300 feet
SMKW Purce6 lorMuinNun Nunberd SOB SHm - - -
9uff—Around 5<IKSed F.CeiS Wf IWI 1$0k6om olhtt SOBsi rl/BCSC wOYI'S OEP.1Ar.RiG F
Octaber31,1997 P-6 Aor.—I w Are WR d—" sucscrrr as
- SOOheuffw Amend Lim Cla-1 Mich Schud5k .
Available Industrial SOB Sites - 500 ft from Sensitive Uses
�..__,.. East of Gothard Ave I I tII
__ ._I.
SLATER AY SLATERAY
-------------
}
j
� I
I
: e
� I !
I�
_
fl014L
TALRERT AY
I inch=200 feet ❑
5declad faeek 6or u,Ari n Nuneer w 503 ste A-WW.WS Sft B—Wd 7 pf k®SW R f-51Wd-lNa1
October 31,1997 mil~ 6uffenA d&InledPucehfw1l 750 pt fi—f—SOB.) �uGSPfaryc6 T
. � Partds Adp[m1lo AkvlalRwd�iy _ ,
RECEIVED
1:.tTy fn'Ei'K
CITy CIF
T-YiD
XJLJL3 CITY OF HUNTINGTON BEACH JANA
INTER-DEPARTMENT COMMUNICATION
TO: CAROL GIBBONS, Deputy City Clerk
FROM: JENNIFER MC GRATH, Deputy City Attorney
DATE. January 29, 1998
SUBJECT: Ordinance No. 3378, Sex Oriented Businesses, Amending Chapters 204,,211,
212, 231, and 236 of the Huntington Beach Zoning and Subdivision Ordinance
Code
Regarding the changes requested to the Sex Oriented Business Ordinance, only those
changes properly noticed may be implemented. The changes indicated to Chapter 211 C
Commercial Districts on page 3, inadvertently omitted categories, must be reinstated into the
codified version of the ordinance; however, the changes indicated to Chapter 211, page 6,
Chapter 212, pages 8, 9, and 10, should not be implemented as these changes were not
properly noticed. -
INIFER IVIC GRATH,�
Deputy City Attorney
JMP/k
r.
inip/Immes/13
P = Permitted
CO, CG, L — Limited(see Additional Provisions)
and CV PC = Conditional use permit approved by Planning Commission
Districts ZA = Conditional use permit approved by Zoning Administrator
Land Use TU = Temporary Use Permit
Controls P/U = Requires conditional use permit on site of conditional use
Not Permitted
CO CG CV Additional Provisions
Commercial Uses (3341-W96)
Ambulance Services - ZA -
Animal Sales& Services
Animal Boarding - PC -
Animal Grooming - P -
Animal Hospitals - PC -
Animals: Retail Sales - P -
Equestrian Centers - PC - (S)
Pet Cemetery - PC -
Artists' Studios P P P
Banks and Savings &Loans P P P
With Drive-Up Service ZA ZA ZA
Building Materials and Services - P -
Catering Services P P P
Commercial Filming P P P (F)
Commercial Recreation and Entertainment - PC PC (D)
Communication Facilities P P P
Eating and Drinking Estab. L-4 L-4 L-4 (N)
w/Fast•-Food or Take-Out Service ZA ZA ZA
Drive Through - L-4 L-4
w/Live Entertainment/Dancing PC PC PC (H)
Food &Beverage Sales - P L-2
w/Alcoholic Beverage Sales - ZA ZA (N)
Funeral & Internment Services - ZA -
Laboratories L-1 L-1 -
Maintenance&Repair Services - P -
Marine Sales and Services P P
Nurseries - ZA -
Offices, Business&Professional P P P (3334-W97)
Pawn Shops - ZA -
Personal Enrichment Services L-2 L-2 -
Personal Services P P P
Research&Development Services L-1 ZA -
Retail Sales - P P (U)(V) (3285-6l95,3334-6l9D
Secondhand Appliances/Clothing - P -
Swap Meets, Indoor/Flea Markets - PC - (T)
Swap Meets, Recurring - ZA -
Tattoo Establishments - PC - (C)
Travel Services P P P
Vehicle Equipment/Sales & Services
Automobile Rentals - L-8 L-8
Huntington Beach Zoning and Subdivision Ordinance
Chapter 211 211-3 2/98
(H) For teen dancing facilities, bicycle racks or a special bicycle parking area shall be
provided. These may not obstruct either the public sidewalk or the building
entry. See also Chapter 5.28: Dancing Halls; Chapter 5.44: Restaurants -
Amusement and Entertainment Premises, and Chapter 5.70: Sex Oriented
Businesses. (3341-10/96)
(I) Only permitted on a major arterial street, and a passive or active outdoor
recreational amenity shall be provided, subject to approval of the Planning
Commission.
(J) In the CV District the entire ground floor area and at least one-third of the total
floor area shall be devoted to visitor-oriented uses as described in the certified
Local Coastal Program Land Use Plan. Any use other than visitor serving
commercial shall be located above the ground level, and a conditional use permit
from the Planning Commission is required. Any use other than visitor serving
commercial uses shall only be permitted if visitor serving uses are either provided
prior to the other use or assured by deed restriction as part of the development.
No office or residential uses shall be permitted in any visitor serving designation
seaward of Pacific Coast Highway. (3334-6/97)
(K) See Section 230.42: Bed and Breakfast Inns.
(L) See Section 230.44: Recycling Operations.
(M) Subject to approval by the Police Department, Public Works Department, Fire
Department and the Director. See also Section 230.86 Seasonal Sales.
(N) The following businesses proposing to sell alcoholic beverages for on-site or off-
site consumption are exempt from the conditional use permit process:
(1) Retail markets with no more than 10 percent of the floor area devoted to
sales, display, and storage of alcoholic beverages provided the sale of
alcoholic beverages is not carried on in conjunction with the sale of
gasoline or other motor vehicle fuel.
(2) Restaurants, bars, and liquor stores that are located 300 feet or more from
any R or PS district, school, church, or public use.
(3) Florist shops offering the sale of a bottle of an alcoholic beverage together
with a floral arrangement.
(0) See Section 230.46: Single Room Occupancy.
(P) See Chapter 231 for temporary and seasonal parking.
(Q) Development of vacant land or initial construction of a building for permitted use
requires approval of a conditional use permit from the Zoning Administrator.
(R) Projects within 500 feet of a PS District see Chapter 244.
(S) See Section 230.48: Equestrian Centers
Huntington Beach Zoning and Subdivision Ordinance
Chapter 211 211-6 5/97
IG AND 11L Districts: Additional Provisions(continued)
(D) Adjunct office and commercial space, not to exceed 25 percent of the floor area of the
primary industrial use, is allowed with a conditional use permit from the Zoning
Administrator, provided that it is intended primarily to serve employees of the industrial use,
no exterior signs advertise the adjunct use, the adjunct use is physically separated from the
primary industrial use, any retail sales are limited to goods manufactured on-site, and the
primary industrial fronts on an arterial. (3254-10194)
(E) See Section 241.22: Temporary Use Permits. (3254-io/94)
(F) See Chapter 236: Nonconforming Uses and Structures. (3254-10/94)
(G) Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except
for on-site leasing offices, are not permitted in any I District. (325410194)
Administrative, management, regional or headquarters offices for any permitted industrial use,
which are not intended to serve the public, require a conditional use permit from the Zoning
Administrator to occupy more than 10 percent of the total amount of space on the site of the
industrial use. (3254-10194)
(H) Automobile dismantling, storage and/or impound yards may be permitted subject to the
approval of a conditional use permit by the Planning Commission and the following criteria:
(3254-10/94)
(a) The site shall not be located within 660 feet of an R district. (3254-10194)
(b) All special metal cutting and compacting equipment shall be completely screened from
view. (3254-10/94)
(c) Storage yards shall be enclosed by a solid 6-inch concrete block or masonry wall not
less than 6 feet in height and set back a minimum 10 feet from abutting streets with the
entire setback area permanently landscaped and maintained. (3254-10194)
(d) Items stacked in the storage yard shall not exceed the height of the screening walls or
be visible from adjacent public streets. (3254-io/94)
(I) Limited to facilities serving workers employed on-site. (3254-10194)
(I) See Section 230.46: Single Room Occupancy. (3254-10194)
(K) Limited to Emergency Shelters. (3254-10/94)
(L) New construction and initial establishment of a permitted use shall be subject to the approval
of a conditional use permit by the Zoning Administrator unless Planning Commission approval
is required. Change of use shall be subject to the approval of the Director unless the new use
requires approval of a conditional use permit. (3254-10/94)
Huntington Beach Zoning and 5ubdMsion Ordinance
Chapter 212 212-8 10194
IG AND IL Districts: Additional Provisions(continued)
M Major outdoor operations require conditional use permit approval by the Planning
Commission. Major outside operations include storage yards and uses utilizing more than 113
of the site for outdoor operation. (3254-10194)
(N) See Section 230.40: Helicopter Takeoff and Landing Areas. (3254-10/94)
(0) See Section 230.44: Recycling Operations. (3254-10/94)
(P) See Section 230.50: Indoor Swap Meets/Flea Markets (3254-10194)
(Q) See L-11(A) relating to locational restrictions. (3254-1 oi94,3378-2J98)
212.06 IG AND EL Districts: Development Standards (3254-10/94)
The following schedule prescribes development standards for the I Districts. The first two columns
prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses
in the "Additional Requirements" column reference requirements following the schedule or located
elsewhere in this ordinance. In calculating the maximum gross floor area as defined in Chapter 203,
the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded
down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-
way and in accordance with definitions set forth in Chapter 203, Definitions. (3254-10194)
Additional
IG IL Requirements
Residential Development (M)
Nonresidential Development
Minimum Lot Area (sq. ft.) 20,000 20,000 (A)(B)(N)
Minimum Lot Width (ft.) 100 100 (A)(B)
Minimum Setbacks (A)(C)
Front (ft.) 10;20 10;20 (D)
Side (ft.) - 15 (E)(F)
Street Side (ft.) 10 10
Rear (ft.) - - (E)
Maximum Height of Structures (ft.) 40 40 (G)
Maximum Floor Area Ratio (FAR) 0.75 0.75
Minimum Site Landscaping (%) 8 8 (H)(1)
Fences and Walls See Section 230.88
Off-Street Parking and Loading See Chapter 231 U)
Outdoor Facilities See Section 230.74
Huntington Beach Zoning and subdivision Ordinance
Chapter 212 212-9 2/98
IG AND IL Districts: Development Standards(continued)
Additional
IG II. Requirements
Screening of Mechanical Equipment See Section 230.76 (K)
Refuse Storage Area See Section 230.78
Underground Utilities See Chapter 17.64
Performance Standards See Section 230.82 {L)
Nonconforming Uses and Structures See Chapter 236
Signs See Chapter 233
IG AND IL Districts: Additional Development Standards
(A) See Section 230.62: Building Site Required and Section 230.64: Development on
Substandard Lots. (3254-10194)
(B) Smaller lot dimensions for new parcels may be permitted by the Zoning Administrator with an
approved development plan and tentative subdivision map. (3254-10/94)
(C) See Section 230.68: Building Projections into Yards and Required Open Space. Double-
frontage lots shall provide front yards on each frontage. (3254-10194)
(D) The minimum front setback shall be 10 feet and the average setback 20 feet, except for parcels
fronting on local streets where only a 10 foot setback is required. (3254-10194)
All I Districts: An additional setback is required for buildings exceeding 25 feet in height (1
foot for each foot of height) and for buildings exceeding 150 feet in length(1 foot for each 10
feet of building length) up to a maximum setback of 30 feet. (3254-1o/94)
(E) In all I districts, a 15-foot setback is required abutting an R district and no openings in
buildings within 45 feet of an R district. (3254-10/94)
(F) A zero-side yard setback may be permitted in the I districts, but not abutting an R district,
provided that a solid wall at the property line is constructed of maintenance-free masonry
material and the opposite side yard is a minimum of 30 feet. (3254-10194)
Exception. The Zoning Administrator or Planning Commission may approve a conditional use
permit to allow a 15-foot interior side yard opposite a zero-side yard on one lot, if an abutting
side yard at least 15 feet wide is provided and access easements are recorded ensuring a
minimum 30-foot separation between buildings. This 30-foot accessway must be maintained
free of obstructions and open to the sky, and no opening for truck loading or unloading shall
be permitted in the building face fronting on the accessway unless a 45-foot long striped area
is provided solely for loading and unloading entirely within the building. (3254-10194)
Huntington Beach Zoning and Subdivision Ordinance
Chapter 212 212-10 10194
Ord. No. 3378
STATE OF CALIFORNIA }
COUNTY OF ORANGE
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 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 15th of December, 1997, and was again read to
said City Council at a regular meeting thereof held on the 5th of January, 1998, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Julien, Harman, Green,Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway 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 Independent on
.. 15 V Cr
l95'�
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway City Clerk of the City Council of the City
�44, Deputy City Clerk of Huntington Beach, California
G/ordinanc/ordbkpg
I/29/98