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Home My WebLink AboutCity Council - 2009-72 RESOLUTION NO. 2009-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 09-003 AND REQUESTING ITS CERTIFCATION BY THE CALIFORNIA COASTAL COMMISSION WHEREAS, after notice duly given pursuant to Government Code Section 65090 and Public Resources Code Section 30503 and 30510, the Planning Commission of the City of Huntington Beach held a public hearing to consider the adoption of the Huntington Beach Local Coastal Program Amendment No. 09-003, and such amendment was recommended to the City Council for adoption; and The City Council, after giving notice as prescribed by law, held at least one public meeting regarding the proposed Huntington Beach Local Coastal Program Amendment No. 09- 003; and The City Council finds that the proposed amendment is consistent with the Certified Huntington Beach Local Coastal Program and Chapter 6 of the California Coastal Act; and The City Council of the City of Huntington Beach intends to implement the Local Coastal Program in a manner fully consistent with the California Coastal Act, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. That the Huntington Beach Local Coastal Program Amendment No. 09- 003 is hereby approved, consisting of an ordinance pertaining to Zoning Text Amendment(ZTA) described below: Ordinance Subject Description No. 3848 ZTA No. 09-006 Visitor Commercial District A copy of the aforesaid ordinance is attached hereto as Exhibit A, and is incorporated by this reference as though fully set forth herein. SECTION 2. That the California Coastal Commission is hereby required to consider, approve and certify Huntington Beach Local Coastal Program Amendment No. 09- 003. SECTION 3. That pursuant to Section 13551 (b) of the Coastal Commission Regulations, Huntington Beach Local Coastal Program Amendment No. 09-003 will take effect automatically upon Coastal Commission approval, as provided in Public Resources Code Sections 30512, 30513, and 30519. 09-2126.001/40292 1 Resolution No. 2009-72 PASSED, APPROVED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held on the sixteenth day of November 2009. May ATTEST: City Yerk REVIE APPROVED: APPROVED AS TO FORM; City Ad in st ator City Attorney INITIAT D A D APPROVED Director of P anning 09-2126.001/40292 2 LS0L6C7-7 0AJ ORDINANCE NO. 3848 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. Chapter 211 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 09-2126.001/40023 l Ordinance No.3848 co CG CV Additional Provisions Residential (J)(Q)(R)(V) (3334-M7) Group Residential PC PC PC (3334-6/97) Multifamily Residential - - PC (3334-6/97) Public and Semipublic (J)(Q)(R)(V) (3334-M7,3553-5/02) Clubs and Lodges P P - (33345/97,3707-6/05) Community and Human Services Drug Abuse Centers - PC - Primary Health Care L 11 L 11 - (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 - (333"/97) Government Offices P P PC (33346/97) 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) 09-2126.001/40023 2 Ordinance No.3848 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) (33414M) 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 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-t 3 L-13 L-13 (3568-9102) Eating and Drinking Estab. L-4 L-4 L-4 (3522-2/02,3707-6/05) W/Alcohol ZA ZA ZA (N)(Y) (3522-2102) W/Drive Through - P P (3522-2/02,3707-6105) 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) (3522-2/02) Personal Services P P P Research & Development Services L-1 ZA - Retail Sales - P P (U)(V) (32856/95,3334-6/97,3482-12/00) Secondhand Appliances/Clothing - P - Swap Meets, Indoor/Flea Markets - PC - (T) Swap Meets, Recurring - ZA - Tattoo Establishments - PC - Travel Services P P P 09-2126.001/40023 3 Ordinance No.3848 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-&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) (3707-6105,3774-9/07 subject to approval by the CA Coastal Commission) Hotels, Motels - PC PC (I) (3334-6/97.3707-6/05, 3774-9107-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) (3334f/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) 09-2126:001/40023 4 Ordinance No. 3848 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 (3522-2/02,3707-/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 Fairs - P - (3707-6/05) Nonconforming Uses (G)(J)(V) (3334-6/97) (Rest of page not used) 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 7th day of December , 2009. yor ATTEST: APP OVED AS TO FORM: 1 Y 1n City C erkT—W ity Attorney 01 � wV REVIEW D APPROVED: iNITIAT A D APPROVED: y f dministrator Nrecttr o Planning 09-2126.001/40023 1, Ord. No. 3848 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 November 16,2009, and was again read to said City Council at a regular meeting thereof held on December 7,2009, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None 1,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 December 17,2009. In accordance with the City Charter of said City Joan L. Flynn, City Clerk Ci Clerk and ex-officio rk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Res. No. 2009-72 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 resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on November 16, 2009 by the following vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen NOES: None ABSENT: None ABSTAIN: None CY Clerk and ex-offici Jerk of the City Council of the City of Huntington Beach, California