HomeMy WebLinkAboutOrdinance #3553 [sFRC�iA1+b t d4-w-az
ORDINANCE NO. 3553
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
THE HUNTINGTON BEACH ZONING AND SUBDIVISION CODE BY
AMENDING CHAPTER 211 C AND 214.04 THEREOF RELATING TO COMMERCIAL
DISTRICTS AND PUBLIC SEMIPUBLIC DISTRICTS
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and the Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 01-09, which amends Chapters
211C and 214 of the Huntington Beach Zoning and Subdivision Code relating to Commercial
Districts and Public-SemiPublic Districts; and
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1: That Section 211.04 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
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.
"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
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classification heading, referenced provisions shall apply to all use classifications
under the heading.
Co CG CV Additional Provisions
Residential (J)(Q)(R)(V)
Group Residential PC PC PC
Multifamily Residential - - PC
Public and Semipublic (J)(Q)(R)(V)
Cemetery - - -
Clubs and Lodges ZA ZA -
Community and Human Services
Drug Abuse Centers - PC -
Primary Health Care L-11 L-11 -
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 P P - (Y)
Emergency Health Care L-2 L-2 -
Government Offices P P PC
Heliports PC PC PC (B)
Hospitals PC PC -
Park &Recreation Facilities L-9 L-9 L-9
Public Safety Facilities PC PC PC
Religious Assembly ZA ZA -
Schools, Public or Private PC PC -
Utilities, Major PC PC PC
Utilities, Minor P P P (L)
(rest of page not used)
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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 (J)(Q)(R)
Ambulance Services - ZA -
Animal Sales & Services
Animal Boarding - ZA -
Animal Grooming - P -
Animal Hospitals - ZA -
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 P P P
Building Materials and Services - P -
Catering Services P P P
Commercial Filming P P P (F)
Commercial Recreation and - PC PC (D)
Entertainment
Communication Facilities. P P P
Eating and Drinking Estab. P P P L-4 (Y)
W/Alcohol ZA ZA ZA (N) (Y)
W/Drive Through - ZA ZA
W/Live Entertainment ZA ZA ZA (W) (Y)
W/Dancing PC PC PC (H)
W/Outdoor Dining ZA ZA ZA (X) (Y)
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
Pawn Shops - ZA -
Personal Enrichment Services L-10 L-10 - (Y)
Personal Services P P P
Research &Development Services L-1 ZA -
Retail Sales - P P (U)(V)
Secondhand Appliances/Clothing - P -
Swap Meets, Indoor/Flea Markets - PC - (T)
Swap Meets, Recurring - ZA -
Tattoo Establishments - PC -
Travel Services P P P
Vehicle Equipment/Sales & Services
Automobile Rentals - L-8 L-S L-12
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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
Vehicle Equipment/Sales & Services
(cont)
Automobile Washing - L-7 -
Commercial Parking - PC PC (P)
Service Stations - PC PC (E)
Vehicle Equip. Repair - L-5 -
Vehicle Equip. Sales &Rentals ZA ZA - L-12
Vehicle Storage - - -
Visitor Accommodations
Bed & Breakfast Irms PC PC PC (K)
Hotels,Motels - PC PC (I)
Quasi Residential
Time Shares - PC PC (I}(J)
Residential Hotel - PC PC (J)
Single Room Occupancy - PC PC (J)(0)
Industrial (J)(Q)(R)(V)
Industry, Custom - L-6 L-6
Accessory Uses (AV)
Accessory Uses & Structures P/U P/U P/U
Temporary Uses (F)(J)(V)
Animal Shows - TU -
Circus, Carnivals and Festivals - TU -
Commercial Filming, Limited - P P (M)
Real Estate Sales TU TU TU
Retail Sales, Outdoor TU TU (M)
Seasonal Sales TU TU TU (M)
Tent Event TU
Trade Fairs - TU -
Nonconforming Uses (G)(J)(V)
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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.
L-4 Permitted if greater than 300 feet from residential zone or use; if 300 feet or less
from residential zone or use limited notification is required (see Y).
L-5 Only"limited" facilities are allowed subject to approval of a conditional use
permit from the Zoning Administrator, 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 permitted
with a maximum 7 persons 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.
L-10 Permitted if the space is 2,500 square feet or less; allowed with conditional use
permit approval from the Zoning Administrator if space exceeds 2,500 square
feet.
In addition, Personal Enrichment uses within a retail building parked at a ratio
of one (1) space per 200 square feet, shall require no additional parking
provided the use complies with the following:
• Maximum number of persons per classroom does not exceed the number
of parking spaces allocated to the suite based upon the square footage of
the building; and
• The instruction area does not exceed 75 percent of total floor area of the
personal enrichment building area.
L-11 Permitted if the space is 2,500 square feet or less; allowed with a conditional
use permit from the Zoning Administrator if the space exceeds 2,500 square
feet.
L-12 Permitted for existing facilities proposing to expand up to 20%.
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(A) Reserved.
(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.
(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.
(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.
(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-in conjunction with the sale of gasoline or other
motor vehicle fuel.
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(2) Restaurants, Bars-and Liquor stores located 300 feet or more from any R
or PS district, public or private 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 additions of 10,000 square feet or more in floor
area; or additions equal to or greater than 50%of the existing building's floor
area; or additions to buildings on sites located within 300 feet of a residential
zone or use for a permitted use requires approval of a conditional use permit
from the Zoning Administrator. The Planning Director may refer any proposed
addition to the Zoning Administrator if the proposed addition has the potential
to impact residents or tenants in the vicinity(e.g., increased noise,traffic).
(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.
(U) See Section 230.94: Carts and Kiosks.
(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.
(W) Non-amplified live entertainment greater than 300 feet from a residential zone
or use shall be permitted without a conditional use permit.
(X) Outdoor dining that is 400 square feet or less with no alcohol sales shall be
permitted without a conditional use permit.
(Y) Limited notification requirements when no entitlement required.
1. Ten (10) working days prior to submittal for a building permit or
certificate of occupancy, applicant shall notice adjacent property owners
and tenants by first class mail.
2. Notice of application shall include the following:
a. Name of applicant.
b. Location of planned development or use, including address.
C. Nature of the proposed development shall be fully disclosed in the
notice.
d. Planning Department phone number and address of City Hall shall
be provided in the notice to call for viewing plans.
C. The date by which any comments must be received in writing by the
Planning Department and City appeal procedures.
f. Planning Department shall receive entire list including name and
address of those receiving the mailing.
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SECTION 2: That Section 214.04 of the Huntington Beach Zoning and Subdivision
Code is hereby amended to read as follows:
21.4.04 Applicability
The PS District shall be the base district for the use classifications listed in
Section 214.06 where these have a contiguous site area of 2 acres or more,
including alleys, streets, or other rights-of-way. This requirement does not apply
to Public-Semipublic use classifications in commercial districts. Public-
semipublic use classifications on sites of less than 2 acres shall be subject to the
provisions of the base and overlay districts in which they are located.
SECTION 3: This ordinance shall take effect thirty 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 15th day of April , 2002.
ATTEST:
City Clerk Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Adm' lstrator � City Attorney
INIT ED AND APPROVED:
ector of Planning
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STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH }
I, CONNM 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 1st day of April, 2002, and was again read to said City
Council at a regular meeting thereof held on the 15th day of April, 2002, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Green,Dettloff, Bauer, Cook, Houchen, Winchell, Boardman
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
• 2002
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie BrocjgwLay, Cily Clerk of the City Council of the City
&r4A�ewtv City Clerk of Huntington Beach, California