HomeMy WebLinkAboutOrdinance #3482 ORDINANCE NO. 3482
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE AND THE DOWNTOWN SPECIFIC PLAN
TO INCORPORATE CHANGES
AS SUGGESTED AND APPROVED BY THE CALIFORNIA COASTAL
COMMISSION RELATED TO CARTS AND KIOSKS
WHEREAS, the City Council of the City of Huntington Beach desires to add carts and kiosks
to the list of permitted uses in the Huntington Beach Municipal Code and the Downtown Specific Plan;
and
The California Coastal Commission has reviewed LCPA No. Qr2A.and approved it with
suggested modifications; and
The City Council desires to approve the modifications as approved by the Coastal Commission,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as
follows:
SECTION 1. Section 4.3.01(a) of the Downtown Specific Plan is hereby amended to read as
follows:
4.3.01 Permitted Uses:
(a) The following list of Visitor-Serving Commercial uses in District No. I
may be allowed. Other visitor serving related uses as described in the
Land Use Plan, and which have the same parking demand as the existing
use not specified herein may be allowed subject to the approval of the
Director. Change of use shall be subject to the approval of the Director.
For example:
• Art gallery
• Bakery
• Banks and savings and loans branch offices (no drive-up windows;
not to exceed five thousand (5,000) square feet)
• Beach, swimming and surfing equipment
• Bicycle sales, rental and repair
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• Boat and marine supplies
• Bookstores
• Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach
Municipal Code
• Clothing stores
• Delicatessens
• Drug stores
• Florists
• Grocery(convenience) -
• Ice cream parlors
• Laundromats, Laundries
• Meat or fish markets
• Newspaper and magazine stores
• Newstands
• Office
• Outdoor dining pursuant to S.4.2.33
• Photographic equipment sales
• Photographic processing
• Public Facilities
• Shoe stores
• Sporting goods
• Tourist related public and semipublic buildings, services and
facilities
• Travelagency
SECTION 2. Section 4.5.01(a) of the Downtown Specific Plan is hereby amended to read as
follows:
4.5.01 Permitted Uses.
(a) The following list of uses which establishes a commercial core and
which serves as the transition between visitor-serving and year round
commercial uses in District No. 3 may be allowed. Other visitor serving
related uses as described in the Land Use Plan, and which have the same
parking demand as the existing use not specified herein may be allowed
subject to the approval of the Director. Change of use shall be subject to
the approval of the Director. For example:
• Art gallery
• Bakeries
• Banks and savings and loans branch offices (no drive-up windows;
not to exceed five thousand (5,000) square feet)
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• Barber, beauty, manicure shops
• Beach, swimming and surfing equipment
• Bicycle sales, rental and repair
• Boat and marine supplies
• Bookstores
• Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach
Municipal Code
• Clothing stores
• Delicatessens -
• Drug stores
• Florists
• Ice cream parlors
• Newspaper and magazine stores
• Newstands
• Outdoor dining pursuant to S.4.2.33
• Photographic equipment sales
• Photographic processing
• Shoe stores
• Sporting goods
• Tourist related public and semi-public buildings, services and
facilities
• Travel Agency
SECTION 3. Section 4.6.01(a) of the Downtown Specific Plan is hereby amended to
read as follows:
4.6.01 Permitted Uses.
(a) The following list of principal uses in District No. 4 may be allowed.
Other office-residential related uses not specified herein may be allowed
subject to the approval of the Director. Change of use shall be subject to
the approval of the Director. For example:
• Office Use -professional, general business and non-profit offices.
• Outdoor dining pursuant to S.4.2.33
• Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach
Municipal Code
• Commercial Use - Commercial uses which are integrated within and
clearly incidental to an office use, shall be permitted provided that it
cumulatively does not exceed ten(10)percent of total gross floor
areas of the development.
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Note: Single Family Detached dwellings which comply with the
development standards in District 44 shall be subject to the approval of
the Design Review Board in lieu of a conditional use permit.
SECTION 4. Section 4.7.01(a) of the Downtown Specific Plan is hereby amended to read as
follows:
4.7.01 Permitted Uses.
(a) The following list of uses which establishes a commercial core and
which serves as the transition between visitor-serving and year round
commercial uses in District No. 5 may be allowed. Other
commercial/office/residential related uses not specified herein may be
allowed subject to the approval of the Director. Change of use shall be
subject to the approval of the Director. For example:
• Antique stores
• Art gallery
• Bakeries
• Banks and savings and loans branch offices
• Barber, beauty, manicure shops
• Beach, swimming and surfing equipment
• Bicycle sales, rental and repair
• Boat and manine supplies
• Bookstores
• Boutiques
• Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach
Municipal Code
• Clothing stores
• Delicatessens
• Drug stores
• Dry cleaning
• Florists
• Groceries
• General retail
• Hardware stores
• Hobby supplies
• Ice cream parlors
• Jewelry stores
• Laundromats
• Newstands
• Office Supplies
• Offices
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• Outdoor dining pursuant to SA,2.33
• Photographic equipment sales
• Photographic processing
• Public Facilities
• Shoe repair
• Shoe stores
• Sporting goods
• Stationery stores
• Tailor shops
• Travel Agency
SECTION 5. Section 4.8.01(a) of the Downtown Specific Plan is hereby amended to read as
follows:
4.8.01 Permitted Uses.
(a) The following list of uses which establishes new neighborhood
commercial uses and which cater to year round residents in District No. 6
may be allowed. Other commercial/office/residential related uses not
specified herein may be allowed subject to the approval of the Director.
Change of use shall be subject to the approval of the Director. For
example:
• Antique stores
• Art gallery
• Bakeries
• Banks
• Barber,beauty, manicure shops
• Bicycle sales, rental and repair
• Bookstores
• Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach
Municipal Code
• Clothing stores
• Delicatessens
• Drug stores
• Dry cleaning
• Florists
• Glass shops
• Groceries
• Hardware stores
• Ice house
• Jewelry stores
• Laundromats, laundries
• Newspaper and magazine stores
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• Newstands
• Offices
• Outdoor dining pursuant to 5.4.2.33
• Photographic equipment sales
• Photographic processing
• Photographic studios
• Public Facilities
• Shoe repair
• Shoe stores -
• Sporting goods
• Tailor shops
• Travel Agency
• Undertakers
SECTION 6. Section 4.9.01(a) of the Downtown Specific Plan is hereby amended to read as
follows:
4.9.01 Permitted Uses.
(a) The following list of Visitor-Serving Commercial uses in District No. 7
may be allowed. Other visitor serving related uses as described in the
Land Use Plan, and which have the same parking demand as the existing
use not specified herein may be allowed subject to the approval of the
Director. Change of use shall be subject to the approval of the Director.
For example:
• Art gallery
• Bakeries
• Banks and savings and loans branch offices (not to exceed five-
thousand (5,000) square feet)
• Beach, swimming and surfing equipment
• Bicycle sales, rental and repair
• Boat and marine supplies
• Bookstores
• Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach
Municipal Code
• Clothing stores
• Delicatessens
• Florists
• Groceries (convenience)
• Ice cream parlors
• Laundromats, laundries
• Meat or fish markets
• Newspaper and magazine stores
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• Newsstands
• Outdoor dining pursuant to 5.4.2.33
• Photographic equipment sales
• Photographic processing
• Professional Office (not to exceed fifty [50] percent of total floor _
area)
• Public Transportation Center
• Shoe stores
• Sporting goods -
• Tourist related public and semi-public buildings, services and
facilities
• Travel Agency
Note: Visitor-serving commercial uses must be a part of all development
proposals in this District, with a minimum requirement that the entire
street level be devoted to Visitor-Serving Commercial Uses.
SECTION 7. Section 4.11.01(a) of the Downtown Specific Plan is hereby amended to read as
follows:
4.11.01 Permitted Uses.
(a) The following list of commercial recreation uses in District No. 9
may be allowed. Other related visitor serving uses as described
in the Land Use Plan, and which have the same parking demand
as the existing use not specified herein may be allowed subject to
the approval of the Director. A change of use shall be subject to
the approval of the Director. For example:
• Carts and Kiosks pursuant to Section 230.94 of the
Huntington Beach Municipal Code
• Retail sales
• Tourist related uses
• Outdoor dining pursuant to 5.4.2.33
SECTION S. Section 4.12.01(a) of the Downtown Specific Plan is hereby amended to read as
follows:
4.12.01 Permitted Uses.
(a) The following list of pier related commercial uses in District No.
10 may be allowed. Other pier related uses as described in the
Land Use Plan, and which have the same parking demand as the
existing use not specified herein may be allowed subject to the
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approval of the Director. A change of use shall be subject to the
approval of the Director. For example:
• Bait and tackle shops
• Beach rentals
• Carts and Kiosks pursuant to Section 230.94 of the
Huntington Beach Municipal Code
• Retail sales (beach related)
• Outdoor dining pursuant to S.4.2.33
SECTION 9. Chapter 203 of the Huntington Beach Municipal Code is hereby amended by
adding new definitions thereto to read as follows:
Cart/Kiosk: Any portable, non motorized unit used by a vendor as described in
Section 230.94.
Private Property: Property owned in fee by an individual, corporation,partnership,
or a group of individuals as opposed to public property.
Public Property: Property dedicated through acquisition or easement for public use
which includes but is not limited to streets, alleys, parks,public right-of-ways, and
sidewalks.
Specific Event: A short term temporary use of public property as defined in
Section 5.68.010.
SECTION 10. Section 211.04 of the Huntington Beach Municipal Code, entitled "CO, CG and
CV Districts: Land Use Controls," is hereby amended to add new subpart (U) to the list of Additional
Provisions, to read as follows:
(U) See Section 230.94: Carts and Kiosks
SECTION 11. Section 211.04 of the Huntington Beach Municipal Code, entitled "CO, CG and
CV Districts: Land Use Controls,"is hereby amended to add Additional Provision(U) to the list of
land use controls required for Retail Sales, as follows:
CO CG CV Additional Provisions
Retail Sales - P P (U)
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SECTION 12. Title 23 of the Huntington Beach Municipal Code is hereby amended to add
new Section 230.94 to read as follows:
230.94 Carts and Kiosks. Carts and kiosks may be permitted on private property
zoned for commercial purposes; subject to conditional use permit approval by the
Zoning Administrator and compliance with this section. Carts and Kiosks may be -
permitted as a temporary use on public property subject to Specific Event approval
pursuant to Chapter 5.68.
A. LOCATION AND DESIGN CRITERIA
Cart and Kiosk uses shall conform to the following:
1. No portion of a cart or kiosk shall overhang the property line.
2. The cart or kiosk shall not obstruct access to or occupy a parking space;
obstruct access to a parked vehicle; impede the delivery of materials to an adjoining
property; interfere with access to public property or any adjoining property, or interfere
with maintenance or use of street furniture. If any existing parking spaces will be
displaced or partially or totally blocked by the proposed cart or kiosk, those spaces must
be replaced on-site at a one-to-one (1.1) ratio.
3. The cart or kiosk shall not exceed a maximum of four(4) feet in width
excluding any wheels, eight(8) feet in length including any handle, and no more than
six (6) feet in height excluding canopies, umbrellas or transparent enclosures unless a
larger size is approved by the Zoning Administrator.
4. A limit of one cart or kiosk shall be allowed for each commercial
business that meets the above locational and design criteria.
B. FACTORS TO CONSIDER
The Zoning Administrator shall consider the following factors regarding the
location and the design of cart or kiosk uses including:
1. Appropriateness of the cart or kiosk design, color scheme, and character
of its location;
2. Appropriateness and location of signing and graphics;
3. The width of the sidewalk or pedestrian accessway;
4. The proximity and location of building entrances;
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5. Existing physical obstructions including, but not limited to signposts,
light standards, parking meters, benches, phone booths, newsstands, utilities and
landscaping.
6. Motor vehicle activity in the adjacent roadway including but not limited
to bus stops, truck loading zones,taxi stands, hotel zones, passenger loading or parking
spaces;
7. Pedestrian traffic volumes; and
8. Handicapped accessibility.
C. OPERATING REQUIREMENTS, PROVISIONS AND CONDITIONS
1. During hours of operation, the cart or kiosk must remain in the location
specified on the approved site plan.
2. A cart or kiosk operator shall not sell to or solicit from motorists or
persons in vehicles.
3. The cart or kiosk operator shall pay all fees and deposits required by the
Huntington Beach Municipal Code prior to establishment of the use.
4. All provisions of the Huntington Beach Municipal Code which are not in
conflict with this section shall apply.
5. The prices of items sold from a cart or kiosk must appear in a prominent,
visible location in legible characters. The price list size and location shall be reviewed
and approved by the Zoning Administrator.
6. The sale of alcoholic beverages shall be prohibited.
7. The number of employees at a cart or kiosk shall be limited to a
maximum of two persons at any one time.
8. Fire extinguishers may be required at the discretion of the Fire
Department.
9. All cart and kiosk uses shall be self contained for water, waste, and
power to operate.
10. A cart or kiosk operator shall provide a method approved by the Zoning
Administrator for disposal of business related wastes.
D. PARKING
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Additional parking may be required for cart or kiosk uses by the Zoning
Administrator.
E. REVIEW; REVOCATION
The Planning Department shall conduct a review of the cart or kiosk operation at
the end of the first six month period of operation. At that time, if there has been a
violation of the terms and conditions of this section or the conditional use permit, a
public hearing shall be scheduled before the Zoning Administrator for revocation
pursuant to Sections 241.16 and 249.06.
SECTION 13. Enforcement hereof shall be by the Planning Director or his/her designated
agent.
SECTION 14. Any existing cart or kiosk use that has been established without prior
conditional use permit approval shall obtain a conditional use permit and, if applicable, a license
agreement within 90 days following the effective date of this ordinance.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 6th day of November , 2000.
Mayor
ATTEST: APPROVED AS TO FORM:
r
Cof
City Clerk -6 ity Attorney P REVIEWED AND AND APPROVED: INITIATED AND APPROVED:
City Adrinistrator Director of Comm lty Develoovent
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Ord. No. 3482
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of 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 loth day of October, 2000, and was again read
to said City Council at a regular meeting thereof held on the Gth day of
November, 2000, and was passed and adopted by the affirmative vote of at least a
majority of all the members of said City Council.
AYES: Julien, Sullivan, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: Harman, Green
ABSTAIN: None
I,Connie Brockway CITY CLERK ofthe 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
AIQ(}e/?Z r-,- 12000
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
Deputy Depttty City Clerk of Huntington Beach, California
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