HomeMy WebLinkAboutOrdinance #4038 ORDINANCE NO. 4038
AN ORDINANCE OF THE CITE'COUNCIL OF THE CITE'OF HUNTINGTON BEACH
AMENDING CHAPTER 211 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION
ORDINANCE TITLED C COMMERCIAL DISTRICTS
(ZONING TEXT AMENDMENT NO. 12-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach
Planning Commission and Huntington Beach City Council have held separate, duly noticed public
hearings to consider Zoning Text Amendment No. 12-001, which amends Chapter 211 of the Huntington
Beach Zoning and Subdivision Ordinance relating to development standards affecting Commercial
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 Chapter 211 of the Huntington Beach Zoning and Subdivision Ordinance
titled C Ccommerical Districts is hereby amended to read as set forth in Exhibit A.
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 immediately 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 3rdday of November , 2014.
ATTEST: INITIA ED A PPROVED:
® 'a
City erk Director of Pl`nning and Building
REVIE APPROVED: A ROVED AS TO FORM:
Citypmw C ty Attorn y �kv-fiz
Exhibit A: Chapter 211
14-4361/112604
EXHIBIT a
Chapter 211 C COMMERCIAL DISTRICT'S
211.02 Commercial Districts Established
The purpose of the commercial districts is to implement the General Plan and Local Coastal Program
commercial land use designations. Three commercial zoning districts are established by this chapter as
follows:
A.The CO Office Commercial District provides sites for offices for administrative, financial,
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 Commercial land use
designation within the coastal zone and provides uses of specific benefit to coastal visitors.More
specifically, the CV district provides opportunities for visitor-oriented commercial activities,
including specialty and beach related retail shops,restaurants, hotels, motels,theaters,museums,
and related services. (3334-6/97)
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.
Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 1
CO, CG, and CV Districts: band Use Controls
P=Permitted
L=Limited(see Additional Provisions)
PC=Conditional use permit approved by Planning Commission
ZA=Conditional use permit approved by Zoning Administrator
TU=Temporary use permit
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 PC PC PC
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 L-11 L-11 -
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-3 L-3 -
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 PC
Schools, Public or Private PC PC -
Utilities,Major PC PC PC _T
Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 2
Utilities, Minor P P P (L),
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(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
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
Eating and Drinking Establishments L-4 L-4 L-4
W/Alcohol ZA ZA ZA (N)(Y)
W/Drive Through - P P
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)
Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 3
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-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
Vehicle Storage - ZA -
Visitor Accommodations
Bed&Breakfast hues ZA ZA ZA (K)
Hotels, Motels - PC PC (I)
Condominium-Hotel - - PC (Z)
Fractional Ownership Hotel
Quasi Residential
Timeshares - PC - (I)(J)
Residential Hotel - PC - (J)
Single Room Occupancy - PC -
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 -
Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 4
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)(�(V)
CO,CG, and CV Districts: Additional Provisions
L-1 Pennitted 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 pen-nit 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 seven 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 pennitted,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 penult
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 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
Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 5
• The instruction area does not exceed 75%of total floor area of the personal
enrichment building area.
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 928, 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
arnenity 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 pennitted 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) Collection containers are permitted in all commercial districts; recycling facilities as an
accessory use to a pennitted use shall be pennitted upon approval by the director with Neighborhood
Notification pursuant to Chapter 241. 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:
Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 6
(1) Retail markets with no more than 10% 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.
(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. (3248-6/95, 3334-6/97, 3341-10/96, 3378-2/98,
3482-12/00, 3522-2/02, 3553-5/02, 3568-9/02, 3707-6/05, 3774-9/07, 3848-1/10, 3859-2/10)
211.06 CO,CG, and CV Districts-Development Standards
The following schedule prescribes development standards for the CO, CG and CV districts. The first three
columns 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
Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 7
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.
CO, CG, and CV Districts: Development Standards
Additional
CO CG CV 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 §230.74 (M)
Screening of Mechanical Equipment See § 230.76 (M)
Refuse Storage Areas See §230.78
Underground Utilities See Ch. 17.64
Performance Standards See § 230.82
Nonconforming Structures See Ch. 236
Signs See Ch. 233
Huntington Beach Zoning and Subdivision Ordinance Chapter'211 Page 8
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.
(F) Along a side or rear property line abutting an R district, a 10-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 six feet in height.
(3) Hotels and Motels.A 15-foot-wide landscaped strip shall be provided along all street
frontages, except for necessary driveways and walks.
(I)See Chapter 232, Landscape Improvements.
(J)See Section 230.88,Fencing and Yards.
(K) A solid masonry or concrete wall at least six 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 except openings
opposite a street property line,the director may grant an exception to this requirement.A wall
within 15 feet of a street property line shall not exceed 3.5 feet in height.
(L) See Chapter 231, Off-Street Parking and Loading.
(M) See Section230.44, Recycling 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, or a series
of offsets,projections or recesses at intervals of not more than 40 feet that vary the depth of the
building wall by a minimum of four feet. The director may grant exceptions or allow these standards
to be modified for exceptional or unique structures subject to Design Review, Chapter 244.
Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 9
Maximum Wall Length and Required Break
is 10
� .100
- = o � 1 `
F
2 5 .
of more
Single Horizontal Offsets: 20 Feet
unbrOVNoft
i rece
ff . % of wall
or, Mom mum be varied
Variable Offsets: 20 Feet and 4 Feet
(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:
Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 10
5, Require et ac
k Mtwo
� 14L1
r verticalbreak
CV District: Upper-Story Setback
(2) In the CO and CV Districts, and on frontages adjacent to major or primary arterials in the
CG District at least 40% of a building surface may be located at the minimum setback line if
additional landscaping is provided on the site.
U1. r m
Of r()nt b I 1
Aback
tbac
Building Face at Setback Line
(3707-6/05)
211.08 Review of Plans
All applications for new construction, initial establishment of use, exterior alterations and additions shall
be submitted to the Planning Department for review.Discretionary review shall be required as follows:
A.Zoning Administrator Review.Projects requiring a conditional use permit from the Zoning
Administrator;projects on substandard lots, see Chapter 241.
Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 11
B.Resign Review Board. 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 Pen-nit is required unless the project is
exempt; see Chapter 245. (3522-2/02, 3868-3/10)
Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 12
Ord. No. 4038
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 October 20, 2014, and was again read to said City Council at a
regular meeting thereof held on November 3, 2014, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio
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 November 13,2014.
In accordance with the City Charter of said City
Joan L. Flynn, City Clerk City Uerk and ex-officio C erk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California