HomeMy WebLinkAboutOrdinance #3707 ORDINANCE NO. 3 7 0 7
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 211 OF THE HUNTINGTON BEACH ZONING
AND SUBDIVISION ORDINANCE TITLED COMMERCIAL DISTRICTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 211.04 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended as set forth in Exhibit A attached hereto and incorporated herein
by this reference.
SECTION 2. The table of Development Standard for the CO, CG, and CV Districts set
forth in Section 211.06 of the Huntington Beach Zoning and Subdivision Ordinance shall be
amended as follows:
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
SECTION 3. Subparagraph (0) of the Additional Development Standards for the CO,
CG, and CV Districts set forth in Section 211.06 of the Huntington Beach Zoning and
Subdivision Ordinance shall be amended as follows:
1
(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.
SECTION 4. All other provisions of Chapter 211 not modified herein shall remain in
full force and effect.
SECTION 5. 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 2nj _day of May , 2005.
ATTEST: APPROVED AS TO FORM:
c
City Clerk City At orney
REVIEWED AND APPROVED- INITIA D AND APPROVED: ✓ /
City Administrator rw V Director 6f Planning
2
EXHIBIT A
TO ORDINANCE NO. 3707
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
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) (3334-6/97)
Group Residential PC PC PC (3334-6/97)
Multifamily Residential - - PC (3334-6/97)
Public and Semipublic (J)(Q)(R)(V)
(3334-6/97,3553-5/02)
Clubs and Lodges P P - (3334-6/97)
Community and Human Services
Drug Abuse Centers - PC -
Primary Health Care L l l L l l - (3522-2/02)
Emergency Kitchens - L-2 -
Emergency Shelters - L-2 -
ord/05zoning/Chap 211 3
Residential Alcohol Recovery, General - PC -
Residential Care, General ZA ZA -
Convalescent Facilities ZA ZA Cultural Institutions PC PC PC
Day Care, General 3 3 -
Day Care, Large-Family P P - (Y) (3522-2/02)
Emergency Health Care L-2 L-2 (3334-6/97)
Government Offices P P PC (3334-6/97)
Heliports PC PC PC (B)
Hospitals PC PC - (3334-0/97)
Park&Recreation Facilities L-9 L-9 L-9
Public Safety Facilities PC PC PC
Religious Assembly ZA ZA - (3522-2/02)
Schools, Public or Private PC PC -
Utilities, Major PC PC PC
Utilities,Minor P P P (L)
Commercial Uses (J)(Q)(R) (3341-0/96)
Ambulance Services - ZA -
Animal Sales & Services
Animal Boarding - ZA - (3522-2102)
Animal Grooming - P -
Animal Hospitals - ZA - (3522-2/02)
Animals: Retail Sales - P -
Equestrian Centers (CG Zone) - PC - (S)
Pet Cemetery - PC -
Artists' Studios P P P
Banks and Savings & Loans P P P
With Drive-Up Service P P P (3522-2/02)
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 L-13 L-13 L-13 (3568-9/02)
Eating and Drinking Estab. L-4 L-4 L-4 (3522-2/02)
W/Alcohol ZA ZA ZA (N)(Y) (3522-2/02)
W/Drive Through - P P (3522-2/02)
W/Live Entertainment ZA ZA ZA (W)(Y) (3522-2/02)
W/Dancing PC PC PC (H)
W/Outdoor Dining ZA ZA ZA (X)(Y) (3522-2/02)
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 (3334-6197)
Pawn Shops - ZA -
Personal Enrichment Services L-10 L-10 - (Y) (3522-2/02)
Personal Services P P P
Research& Development Services L-1 ZA -
Retail Sales - P P (U)(V) (3285-6/95,3334-6/97;
3482-12/00)
Secondhand Appliances/Clothing - P -
Swap Meets, Indoor/Flea Markets - PC - (T)
ord/05zoning/Chap 211 4
Swap Meets, Recurring - ZA -
Tattoo Establishments - PC -
Travel Services P P P
Vehicle Equipment/Sales & Services
Automobile Rentals - L-8 L-8 L-12
Automobile Washing - ZA -
Commercial Parking - ZA ZA (P)
Service Stations - PC PC (E)
Vehicle Equip. Repair - L-5 -
Vehicle Equip. Sales &Rentals ZA ZA - L-12 (3522-2/02)
Vehicle Storage - ZA -
Visitor Accommodations
Bed& Breakfast Inns ZA ZA ZA (K)
Hotels, Motels - ZA PC (I) (3334-6/97)
Quasi Residential (3334-6/97)
Time Shares - PC PC (I)(J)(3334-6/97)
Residential Hotel - PC PC (J)
Single Room Occupancy - PC PC (J)(0)
Industrial (J)(Q)(R)(V) (3334-6/97)
Industry, Custom - L-6 L-6
Accessory Uses (J)(V) (3334-6/97)
Accessory Uses & Structures P/U P/U P/U
Temporary Uses (F)(J)(V) (3334-6/97)
Animal Shows - TU -
Circus and Carnivals and Festivals - TU - (3522-2/02)
Commercial Filming, Limited - P P (M)
Real Estate Sales P P P (3522-2/02)
Retail Sales, Outdoor - TU TU (M) (3522-2/02)
Seasonal Sales TU TU TU (M) (3522-2/02)
Tent Event P (3522-2/02)
Trade Fairs - P -
Nonconforming Uses (G)(J)(V) (3334-6/97)
(Rest of page not used)
ord/05zoning/Chap 211 5
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 5,000 square
feet.
L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is
5,000 square feet or less; allowed with a conditional use permit from the Planning
Commission if the space exceeds 5,000 square feet.
L-3 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-4 Permitted if greater than 300 feet from residential zone or use; if 300 feet or less from
residential zone or use neighborhood notification is required pursuant to Chapter 241.
(3522-2/02).
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. (3522-2/02)
L-7 Repealed..
L-8 On-site storage limited to two rental cars or two cars for lease.
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 5,000 square feet or less; allowed with conditional use permit
approval from the Zoning Administrator if space exceeds 5,000 square feet. (3522-2/02)
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: (3522-2/02)
• 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 (3522-2/02)
• The instruction area does not exceed 75 percent of total floor area of the
personal enrichment building area. (3522-2/02)
L-11 Permitted if the space is 5,000 square feet or less; allowed with a conditional use permit
from the Zoning Administrator if the space exceeds 5,000 square feet.(3522-2/02)
L-12-Permitted for existing facilities proposing to expand up to 20% of existing floor area
or display area. (3522-2/02)
ord/05zoning/Chap 211 6
L-13 For wireless communication facilities see Section 230.96 Wireless Communication
Facilities. All other communication facilities permitted. (3568-9/02)
(A) Reserved. (3553-5/02)
(B) See Section 230.40: Helicopter Takeoff and Landing Areas.
(C) Repealed (3378-2/98)
(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. (3341-
10/96)
(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. (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 in conjunction with the sale of gasoline or other motor vehicle
fuel. (3522-2/02)
(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. (3522-2/02)
ord/05zoning/Chap 211 7
(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). (3522-2/02)
(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 (3248-6/95,3334-6/97,3482-12/00)
(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. (3522-2/02)
(X) Outdoor dining with alcohol sales shall be permitted with a conditional use permit to
the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square
feet or less shall be permitted without a conditional use permit. If over 400 square
feet with no alcohol sales,Neighborhood Notification shall be required pursuant to
Chapter 241.(3522-2/02)
(Y) Neighborhood N-notification requirements pursuant to Chapter 241.
ord/05zoning/Chap 211 8
Ord. No. 3707
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, 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 re ular
meeting thereof held on the 18th day of April,2005, and was again read to said City
Council at a regular meeting thereof held on the 2nd day of May,2005, and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,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 Huntington Beach Fountain Valley
Independent on May 12,2005.
In accordance with the City Charter of said City q0tei of-ldivW-4)
J an L. Flynn,Cily Clerk My Clerk and ex-offici Jerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California