HomeMy WebLinkAboutOrdinance #3859 ORDINANCE NO. 3859
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 211 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE TITLED C 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 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
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
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Ordinance No. 3859
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 - (3334-6/97,37071/05)
Community and Human Services
Drug Abuse Centers - PC -
Primary Health Care Ll 1 Ll l - (3522-2/02)
Emergency Kitchens - L-2 -
Emergency Shelters - L-2 -
Residential Alcohol Recovery, General - PC -
Residential Care, General ZA ZA - (3707-06/05)
Convalescent Facilities ZA ZA - (3707-06/05)
Cultural Institutions PC PC PC
Day Care, General L-3 L-3 - (3707-06/05)
Day Care, Large-Family P P - (Y) (3522-2/02)
Emergency Health Care L-2 L-2 - (3334f/97)
Government Offices P P PC (3334-6/97)
Heliports PC PC PC (B)
Hospitals PC PC - (3334-6/97)
Park& Recreation Facilities L-9 L-9 L-9
Public Safety Facilities PC PC PC
Religious Assembly ZA ZA PC (3522-2/02) (3522-2/02)
Schools, Public or Private PC PC -
Utilities, Major PC PC PC
Utilities, Minor P P P (L)
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) (3341-0/96)
Ambulance Services - ZA -
Animal Sales & Services
Animal Boarding - ZA - (3522-2/02)
Animal Grooming - P -
Animal Hospitals - ZA - (3522-2/02)
Animals: Retail Sales - P -
Equestrian Centers (CG Zone) - PC - (S) (3707-6/05)
Pet Cemetery - PC -
Artists' Studios P P P
Banks and Savings & Loans P P P
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Ordinance No.3859
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 (3522-2/02,3707-6/05)
W/Alcohol ZA ZA ZA (N)(Y) (3522-2/02)
W/Drive Through - P P (3522-2102,3707-6/05)
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 (3334-6/97)
Pawn Shops - ZA -
Personal Enrichment Services L-10 L-10 - (Y) (3522-2102)
Personal Services P P P
Research&Development Services L-1 ZA -
Retail Sales - P P (V)(V) (3285-6/95,3334-6/97,3482-12/00)
Secondhand Appliances/Clothing - P -
Swap Meets, Indoor/Flea Markets - PC - (T)
Swap Meets, Recurring - ZA -
Tattoo Establishments - PC -
Travel Services P P P
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 - ZA - (3707-6/05)
Commercial Parking - ZA ZA (P) (3707-6/05)
Service Stations - PC PC (E)
Vehicle Equip. Repair - L-5 -
Vehicle Equip. Sales & Rentals ZA ZA - L-12 (3522-2/02)
Vehicle Storage - ZA - (3707-6/05)
Visitor Accommodations
Bed & Breakfast Inns PC PC PC (K) (3707-6/05,3774-9/07
subject to approval by
the CA Coastal
Commission)
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Ordinance No. 3859
Hotels,Motels - PC PC (I) (3334-6/97.3707-6/05,
3774-9/07-subject to
approval by the CA
Coastal Commission)
Condominium—Hotel - - PC (Z) (3774-9/07,3707-9/07
subject to approval by
the CA Coastal
Commission)
Fractional Ownership Hotel (3774-9/07-subject to
approval by the CA
Coastal Commission)
Quasi Residential (3334-6/97
Timeshares - PC - (I)(J) (3334-6/97,3774-9/07
subject to approval by
the CA Coastal
Commission))
Residential Hotel - PC - (J) (3334-6/97,3774-9/07
subject to approval by
the CA Coastal
Commission))
Single Room Occupancy - PC - (3774-9/07,3774-9/07
subject to approval by
the CA Coastal
Commission))
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) (333"/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 (3522-2/02,3707-6/05)
Retail Sales, Outdoor - TU TU (M) (3522-2/02)
Seasonal Sales TU TU TU (M) (3522-2/02)
Tent Event - P - (3522-2/02,3707-6/05)
Trade Fa Uses
- P - (3707-6/05)
Nonconforming lJses (G)(J)(V) (3334-6I97)
(Rest of page not used)
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Ordinance No. 3859
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. (See Section
230.52 Emergency Shelters.)
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.
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 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.
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.
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Ordinance No.3859
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.
L-12 Permitted for existing facilities proposing to expand up to 20% of existing floor area or
display area.
L-13 For wireless communication facilities see Section 230.96 Wireless Communication
Facilities. All other communication facilities permitted.
(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.
(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.
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Ordinance No. 3859
(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.
(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 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.
(Y) Neighborhood Notification requirements pursuant to Chapter 241.
09-2302/40580 7
Ordinance No. 3859
(Z) In the CV District, Condominium-Hotels and/or Fractional Interest Hotels are
allowed only at the Pacific City(Downtown Specific Plan District 7) and
Waterfront(Downtown Specific Plan District 9) sites. Refer to Downtown
Specific Plan.
SECTION 2. All other provisions of Chapter 211 not modified herein shall remain in
full force and effect.
SECTION 3. 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 19th day of January 5200 2010.
Aja;
or
ATTEST: APPROVED AS TO FORM:
r. j
City Clerk City Attorney W 411
REVIEWE APPROVED: INITIATED AND APPROVED: "'
City,Ad6itistrator Director of Planning
09-2302/40580 8
Ord. No. 3859
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 regular
meeting thereof held on December 21,2009 and was again read to said City Council at a
regular meeting thereof held on January 19, 2010, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: Coerper
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 January 28,2010.
In accordance with the City Charter of said City
n Joan L. Flynn,Ci1y Clerk .' y Clerk and ex-offici Jerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California