HomeMy WebLinkAboutOrdinance #3639 Ord 3639
ORDINANCE NO. 3639
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 211 OF THE HUNTINGTON BEACH/
ZONING AND SUBDIVISION ORDINANCE ENTITLED
COMMERCIAL DISTRICTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 211 of the Huntington Beach ZoningNand Subdivision Ordinance
P �
is hereby amended to read as follows:
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 District Established
The purpose of the Commercial distri Is 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:
A. The CO Office Com ,ercial District provides sites for offices for
administrative, finan cial, 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
Commerciaf land use designation within the coastal zone and provides
uses of specific benefit to coastal visitors. More specifically,the CV
district plybvides opportunities for visitor-oriented commercial activities,
including specialty and beach related retail shops, restaurants, hotels,
motelsftheaters, museums, and related services.
211.04 CO, CG, and CV Districts: Land Use Controls
In the follo ing 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.
i
"PC" designates use classifications permitted on approval of a-aconditio ial,,:use `'4
permit by the Planning Commission. i ` ��`` ��I
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Ord 3639
"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
r
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)
Group Residential ZA ZA ZA
Multifamily Residential - - PC
Public and Semipublic (J)(Q)(R)(V)
Clubs and Lodges P P -
Community and Human Services
Drug Abuse Centers - PC -
Primary Health Care L11 L11 -
Emergency Kitchens - L-2 -
Emergency Shelters - L-2 -
Residential Alcohol Recovery, General - PC -
Residential Care, General ZA ZA -
Convalescent Facilities ZA ZA -
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)
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Ord 3639
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 ,f(J)(Q)(R)
Ambulance Services - ZA
Animal Sales & Services
Animal Boarding - ZA -
Animal Grooming - P -
Animal Hospitals - A -
Animals: Retail Sales - P -
Equestrian Centers (CG Zone) - PC - (S)
Pet Cemetery - PC -
Artists' Studios P P P
Banks and Savings & Loans 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 Entertai ent - ZA ZA (D)
Communication Facilities L-13 L-13 L-13
Eating and Drinking Estab. P P P (Y)
W/Alcohol ZA ZA ZA (N)(Y)
W/Drive Through - P P
W/Live Entertainment ZA ZA ZA (W)(Y)
W/Dancing ZA ZA ZA (H)
W/Outdoor Dining ZA ZA ZA (X)(Y)
Food & Beverage Sales - P L-2
W/Alcoholic Beverage Sa'es - ZA ZA (N)
Funeral & Internment Services - ZA -
Laboratories L-1 L-1 -
Maintenance & Repair Se,ervices - P -
Marine Sales and Services - P P
Nurseries ` - ZA -
Offices, Business 7tServices
ofessional P P P
Pawn Shops - ZA -
Personal Enrichme L-10 L-10 - (Y)
Personal Services/ P P P
Research & Devefopment 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 Esta blishments - PC -
Travel Services P P P
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Ord 3639
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
Automobile Rentals - L-8 L-8 L-12
Automobile Washing - L-7 -
Commercial Parking - ZA ZA (P)
Service Stations - ZA ZA (E)
Vehicle Equip. Repair - L-5 -
Vehicle Equip. Sales & Rentals ZA ZA - L-12
Visitor Accommodations
Bed &Breakfast Inns ZA ZA ZA (K)
Hotels, Motels - ZA 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 (J)(V)
Accessory Uses & Structures P/U P/U P/U
Temporary Uses (F)(J)(V)
Animal Shows - TU -
Circus and Carnivals and Festivals - TU -
Commercial Filming, Limited - P P (M)
Real Estate Sales P P P
Retail Sales, Outdoor - TU TU (M)
Seasonal Sales TU TU TU (M)
Tent Event P
Trade Fairs - P -
Nonconforming Uses (G)(J)(V)
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Ord 3639
CO, CG, and CV Districts: Additional Provisions
L-1 Permitted if the�space is 5,000 square feet or less; allowed with Neighborhood
Notification pursuant to Chapter 241 if the laboratory space exceeds 5,0
square feet.
L-2 Permitted if the space is 5,000 square feet or less; allowed with a nditional
use permit from the Zoning Administrator if the space exceeds 5, 00 square
feet.
L-3 Repealed.
L-4 Repealed.
L-5 Only "limited" facilities are allowed subject to appr val of a conditional use
permit from the Zoning Administrator, and body d 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 i se Classifications, are permitted
with a maximum 7 persons employed full 'me in processing or treating retail
products, limited to those sold on the pre ises.
L-7 Attended facilities allowed with a con tional use permit from the Zoning
Administrator; unattended facilities p rmitted.
L-8 On-site storage limited to two rent cars.
L-9 Public facilities permitted, but a onditional use permit from the Zoning
Administrator is required for co mercial facilities.
L-10 Permitted if the space is 5,00 square feet or less; allowed with conditional use
permit approval-from the Zo ing Administrator if space exceeds 5,000 square
feet.
In addition, Personal Enri hment uses within a retail building parked at a ratio
of one (1) space per 200 quare feet, shall require no additional parking
provided the use compl' s with the following:
• Maximum n mber of persons per classroom does not exceed the
number of arking spaces allocated to the suite based upon the square
footage of e building; and
• The instr tion area does not exceed 75 percent of total floor area of
the perso al enrichment building area.
L-11 Permitted if the ace is 5,000 square feet or less; allowed with a conditional use permit
from the Zonin- Administrator if the space exceeds 5,000 square feet.
L-12-Permitted for xisting facilities proposing to expand up to 20% of floor area or
display area.
L-13 For wireles communication facilities see Section 230.96 Wireless Communication
Facilities. All other communication facilities permitted. (3568-sl02)::zr �f R AU
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Ord 3639
(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
;r 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.
(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 or the Zoning Administrator 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.
(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.
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Ord 3639
(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 bui-iding'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
1 from the Zoning Administrator. The Planning Director mqy 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., incre ssed noise, traffic).
(R) Projects within 500 feet of a PS District see Chapte i244.
(S) See Section 230.48: Equestrian Centers
(T) See Section 230.50: Indoor Swap Meets/Fle Markets
(U) See Section 230.94: Carts and Kiosks
(V) In the coastal zone,the preferred retailsales 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, indels, theaters, museums, and related services.
(W) Non-amplified live entertainmewt 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) Neighborhood Notification requirements pursuant to Chapter 241.
211.06 CO, CG and CV Districts: Development Standards
The following schedule prescribes development standards for the CO, CG and CV
districts. The first threecolumns 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.
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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 0 (D)(E)(0)
Side (ft.) 5 0 0 (F)
Street Side (ft.) 10 10 0 (E)
Rear(ft.) 5 0 0 (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)(I)
Building Design Standards (0)
Fences and Walls (J)(K)
Off-Street Parking/Loading (L)
Outdoor Facilities See Section 230.74 (M)
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.
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Ord 3639
(F) Along a side or rear property line abutting an R district, a I0-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 fft in height.
(3) Hotels and Motels. A 15-foot wide landscaped strip shall be provided
along all street frontages, except for nec �sary driveways and walks.
Chapter 2: Landscape v m n 7(I) See Chap 23 a dscape Impro e e
(J) See Section 230.88: Fencing and Yards
(K) A solid masonry or concrete wall at 1 ast 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 exc pt openings opposite a street property line,the
Director may grant an exceptio to this requirement. A wall within 15 feet of a
street property line shall not a ceed 3.5 feet in height.
(L) See Chapter 231: Off-Stree Parking and Loading.
(M) See Section 230.44: Rec cling 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,lor a series of offsets, projections or recesses at intervals of
not more than 40 fyet 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 olr unique structures subject to Design Review, Chapter 244.
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Ord 3639
2Q ft. Oft.
i Max.100 ft.
�- 100 ft. �` unbroken wall—'
25 ft.
or more
1
\I00f`ft.
Single Horizonal Offsets: 20ft.
Max. 100 ft.
unbroken wall 2 ft. 20ft.
40FT. Min. 4 ft.
` recess
25 ft. 250%o of wall
or more must be varied
Variable Offsets: 20 ft. and 4 ft. 211-OFFS
MAXIMUM WALL LENGTH AND REQUIRED BREAD
(0) Two building design standards are established to make commercial areas more
attractive and provide a unified streetscape:
(1) In the CV District a 10-foot minimum upper-story setback is required
above the second story along street frontages.
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Ord 3639
Required Setback
' Max.two stories without
W veltiCal break
s11-Cvse.
CV DISTRICT: UPPER-STORY SETT ACID
(2) In the CO and CV Districts, and on frontage/adjacent to major or primary
arterials in the CG District at least 40 perce a building surface may be
located at the minimum setback line if ad ltional landscaping is provided
on the site.
Min. 40 percent
of front buildin
elevation at
setback line
Setback line
211-FACE.Ma
BUILDING ACE AT SETBACK LINE
211.08 Review of PI ns
All applications for new con truction, initial establishment of use, exterior alterations
and additions shall be sub ed to the Planning Department for review.
Discretionary review shall 'e required as follows:
A. Zoning Administr or 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.
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SECTION 2. This ordinance shall become effective 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 day of ,2004.
Mayor
ATTEST:
APPROVED AS TO FORM:
• c
City Clerk
S City Att rney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City dministrator Director of Planning
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