HomeMy WebLinkAboutCode Amendment 86-8 - Ordinance 2829 - Commercial Districts -70
Authorized to Publish Advertisements of all kinds including public
notices by 'Decree of the Superior Court of Orange County,
Cal horma, Number A-6214, dated 29 September, 1961, and
A-24831, dated 11 June, 1963. GI2Y � L,
STAT OF CALIFORNIA � �
County of Orange Public Notice Advertising cev«eo
by In afndavll IS oat in point
witnN 10 pica column width
i CIT
I am a Citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the below
entitled matter. I am a principal clerk of the Orange PUBLIC NOTICE
SUBJECT: Code Amend-
Coast DAILY PILOT, with which is combined the ment No.86-8-Commercial
Districts,C1,C2,C4.
NEWS-PRESS, a newspaper of general circulation, LOCATION:City-wide
PROPOSAL:To repeal ex-,
printed and published in the City of Costa Mesa, Isting Articles 941,943i 945,
947, 948, Section 9332(q),
County of Orange, State of California, and that a section 97ection Section
730.83, Section 9730.84
Notice of PUBLIC HEARING . 9 and add new Article 922 re-
lated to Commercial Stan-
dards for C 1,C2 and C4 Dis-
tricts Throughout the City.
ENVIRONMENTAL
STATUS:The proposed pro-
of which co attached hereto is a true and complete from is categorically exempt
copy p from the provisions of the
copy, was printed and published in the Costa Mesa, California Environmental
Quality Act. I I i
ON FILE: A,copy of the
Newport Beach, Huntington Beach, Fountain Valley, Iproposed ordinance is on
file in the Department of De-
Irvine, the South Coast communities and Laguna velopment Services.
Beach issues of said newspaper for 1 time ALL INTERESTED PER-
SONS ALL
are invited to attend
said hearing and express
consecutive weeks to wit the issue(s) of opinions or submit evidence
for or against the application
as outlined above.All appil-
Catons, exhibits, and de-
i PUBLIC NOTICE scriptions of this proposal
are on file with the Office of
the City Clerk, 2000 Main
March 25 198 6 1 PUBLIC IHEARING Street, Huntington Beach,
CODE AMENDMENT California,for inspection by
NO.86-8 the public.-
COMMERCIAL DISTRICTS, HUNTINUTON BEACH
198 C1,C2,C4CITY COUNCIL, By: Alicia'
NOTICE IS HEREBY M. Wentworth, City Clark,,
GIVEN that the Huntington Phone(714)536-5405
Beach City Council will hold Dated 3/18/86
198 a public hearing in the Court- Published Orange Coast
cil Chamber at,the Hunt- Dally Pilot March 25,1986
Ington Beach Civic Center, T,' 'tl
2000 Main Street, Hunt-
198 Ington Beach,California,
alifornia onl . -- -- —
the date and at the time in-
dicated below to receive and
consider the statements of
198 all persons who wish to be
heard relative to the appli-
cation described below.
DATE: Monday, April 7,
1986
declare, under penalty of perjury, that the TIME:7:30 P.M_''� _
foregoing is true and correct.
Executed on .March 26 198 6
at Costa Mesa, California. =`
Signature ,�
REQUES FOR CITY COUNCIL ACTION
FZ'A"!1104
� vvD By CITYcOUNCTL
Date .1 7 1 Q A r,L4
Submitted to: Honorable Mayor and City Council -
- CITY GLI:
Submitted by: Charles W. Thompson, City Administra
�F?
Prepared by: James W. Palin, Director, Development Services s
Subject: CODE AMENDMENT NO. 86-8 - "COMMERCIAL DISTRICTS
Consistent with Council Policy? [ ] Yes J�New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions,Attachments: �1
STATEMENT OF ISSUE:
Code Amendment No. 86-8 cleans up and consolidates several separate
articles and several miscellaneous sections located in various
places of the code . Briefly, other suggested changes include new
hotel/motel provisions by conditional use permit, the elimination of
the C3 zone of which there are few remaining since the Downtown
Specific Plan was adopted, the elimination of the -SS (service
station suffix ) by adding a conditional use permit requirement for
service station uses subject to all the same standards that had been
used as part of the -SS suffix.
The consolidation of Cl , C2 and C4 provisions in one article
provides a comprehensive view of the major commercial districts
within the City. It aids in quick comparison of the differences in
these three districts for both staff and the public. Attached to
this report is a copy of the draft outline for Division 9 to show
how the new commercial provisions in Article 922 fit into the
overall framework of the zoning code.
RECOMMENDATION:
Planning Commission action and recommendation on March 4 , 1986 :
ON MOTION BY ERSKINE AND SECOND BY PORTER THE PLANNING COMMISSION
APPROVED CODE AMENDMENT NO. 86-8 AND RECOMMENDED ADOPTION BY THE
CITY COUNCIL, BY THE FOLLOWING VOTE:
AYES : Rowe, Winchell , Livengood, Erskine, Porter, Mirjahangir
NOES: None
ABSENT: Schumacher
ABSTAIN: None
Staff recommendation is identical to that of the Planning Commission.
PIO 4/84
ANALYSIS:
The specific content changes are outlined below:
1 . Permitted Uses . The administrative review application has been
deleted. Permitted uses have been categorized as entitled by
staff approval (Plan Review) , by Board of Zoning Adjustments
approval (Use Permit ) , or by Planning Commission approval
(Conditional Use Permit ) . The uses that had been
administrative reviews have either been delegated to staff or
have been "bumped up" as use permit or conditional use permit
requirements . For example, restaurants with a seating capacity
of over 12, auto sales agencies , and outside uses all had been
administrative reviews and are now use permits .
Hotels and motels had been administrative reviews are now
conditional use permits as are liquor stores. One use which
had been by conditional use permit, game arcades , has been
dropped to use permit, but with all the same standards
currently in effect .
2. Minimum Parcel Size/Frontage . The minimums for hotels have
been increased to minimum 20,000 square feet parcel size and
100 foot frontage . The minimum sizes for other commercial uses
have likewise been increased. The intent of these new
provisions is to help prevent undesirable , inadequately
designed uses from being located on small , narrow parcels .
3 . Maximum Building Height . The specific heights listed are
unchanged; however, the previously-allowed exception for
roof-mounted mechanical equipment to exceed such heights by
fourteen additional feet has been deleted . Mechanical
equipment should be screened by the architectural features of
the building itself (i .e. parapets , mansards ) and these maximum
heights listed allow sufficient space in which to accomplish
this .
4 . Setbacks. Hotel and motel standards have been increased to
I eenfeet for the front setback (15 feet of landscaping is
required under Section 9220.13 ) . Other commercial uses remain
the same except that a new provision has been added for a use
permit requirement to allow a zero setback for commercial use
abutting a residential zone provided the maximum height of the
building shall be limited to eighteen feet within 45 feet of
the common property line . This provision is in line with
recent staff-suggested variances for such requests in order to
eliminate an awkward and unusable ten foot wide area behind
commercial structures . The requirement for use permit approval
would ensure that surrounding residents would be notified and
able to voice their opinion however .
5. Outside Uses - Storage and Display. These provisions have been
streamlined, with no content changes .
RCA - 4/7/86 -2- (4499d )
y
6. Game Arcades - Same standards as existing under Unclassified
Uses, but listed as requiring use permit approval by Board of
Zoning Adjustments and relocated here.
7. Dancing/Live Entertainment . These provisions have been moved
from the miscellaneous provisions article and consolidated. No
content change has been incorporated.
8. Hotels/Motels. New standards for such uses are listed here
which work together with previously mentioned setback changes .
Some outdoor recreational amenity shall be required, whether it
be a pool or open space area, subject to approval by the
Planning Commission . No specific standard or minimum square
feet of amenity per room was incorporated because a survey of
surrounding Orange County cities showed that none had any such
requirement . It would be difficult to determine a specific
requirement. Additional landscaping (10a rather than 8% ) and
15 foot width at streetside rather than 10 feet have been
incorporated. Finally, a minimum and maximum length of stay
has ,been added similar to provisions used in several cities.
9. Service Stations. Same provisions as existing in Article 948,
"-SS suffix" , are incorporated however they have been rewritten
in a concise and readable manner . The prohibition against
alcohol sales has been relocated here from the Miscellaneous
Provisions . It had not been placed within the -SS standards
before, because it was unclear whether such a provision would
apply to service station sites without the -SS designation.
Lastly, the requirement for an exterior pass-through cashier
window at convenience markets has been modified as directed by
the Planning Commission
ENVIRONMENTAL STATUS:
The proposed project is categorically exempt form the provision of
the California Environmental Quality Act .
FUNDING:
Not applicable
ALTERNATE ACTION:
Modify ordinance as desired .
ATTACHMENTS:
1 . Ordinance, Article 922
2. Existing Articles 941 , 943, 945, 947, 948
3. Draft outline for Division 9
JWP:JA: jr
RCA - 4/7/86 -3- (4499d )
WORK PROGRAM UPDATE
DIVISION 9
REVISED TABLE OF CONTENTS
3/25/8 6
R E W RITE SC H E D U LE (assu ming 90% of one staff person)
Dates listed indicate P.C. Hearings
Chapter 90 Introduction and District Maps
Article 902 ;General�infor-mation an �Ap cation-(-Mareh,4,°1986)-
906 ,Dist ict�Maps:;(.Mareh,.4;1986)
908 _(Marchl8, 1986
Chapter 91 Residential Districts
Article 910 Residential-_Agriculture--(R A)r(March:l8;:1986)� •
911 Single Faruly,;Residential,(Rl) (`March}18, 1'986)
912 M:echum to High-Density Resde itral,(R2, R3;.`R4).,(:March 18,
�1986}
913 E::Oldtown;and�-,TownToti;jOf
914 Mobilehome (M H) (April 15, 1986)
915 0&1-Planned Residential Developments (April 15, 1986)
916 M anufactured H o m e Suffix (-M F H) (April 15, 19 8 6)
9YT LPlanned Development Suffix (-PD) (April 15, 1986)
9le Senior Residential Suffix ( SR) (April 15, 1986)
Chapter 92 Office and Commercial. Districts
Article 920 Office Professional R5, OP May 20, 1986)
w 922 w�:= :Com m erc�al 2 •041,':
924 Visitor-Serving Co_m mercial (VSC) (April 15, 1986)
Chapter 93 Industrial Districts ( All May 6, 1986)
Article 930 Restricted Manufacturing (M17A)
932 Light Industrial (M 1)
934 Industrial (M 2)
Chapter 94 Miscellaneous Districts and Suffixes (All May 6, 1986)
Article 940 Limited Use and Recreational Open Space (LU, ROS)
941 Special Cemetery (SP-1, SP-2)
942 Shoreline (Sl), Floodplain (FP),, Coastal Conservation (CC),
Water Recreational (W R)
943 Coastal Zone Suffix (-CZ)
944 Oil District Suffix (-0, -01)
945 Civic District Suffix (-CD)
946 Multi-story Suffix (_MS)
947 Co munity Facilities Suffix (-CF)
948 Qualified Classification (Q)
Chapter 95 Reserved
Chapter 96 General Provisions .
Article. 960 Off= ee �arkrcarri3ar�caping:<=March_4 9861 >
961 Signs>.(Na-rc F4Up'1986
962 Unclassified Uses (May 6, 1986)
963 fiYards-an+ F4c ing,(M,at?chal I986Y s A c"�Te-977
964 Miscellaneous Provisions (June 3, 1986)
965 Nonconforming Uses (May 6, 1986)
966 Condominium Conversions (May 20, 1986)
967 Mobilehome District Removal (May 20, 1986)
968 .Equine Standards (May 20, 1986)
969 Adult Entertainment ( Hal Sim mons- May 6, 1986)
chapter 97 Administration (All June 3, 1986)
Article 970 Environmental Assess m ents
971 Director Approval
972 Design Review Board
973 Zoning Administrator/Board of Zoning Adjustments
974 Planning Con mission (to include Setbacks, Article 978)
975 Public Hearings
976 Appeals
977 Coastal Development Permits
JAI
(4359d)
, PLANNING _
COMMERCIAL DISTRICTS S. 9410
ARTICLE. 941
t_ C'L i G ,
HBORHOOD COMMERCIAL DISTRICT:
S. 9410 INTENT AND PURPOSES
S. 9411 USES PERMITTED
S. 9412 YARD REQUIREMENTS
S. 9413 DEVELOPMENT STANDARDS
S. 9414 OFFSTREET PARKING
S. 9410 INTENT AND PURPOSE. The purpose of this district is to provide
commercial facilities that are compatible with permitted uses of the
immediate residential neighborhood and as designated in Sections 9411.1 and 9411.2 of
this article. It is intended to limit the size of any area so designated to a maximum
of one and one-half (1 112) acres. It is further intended that said areas will be
located on one (1) .corner of intersecting secondary arterial highways. Said areas are
to be developed -and maintained as one-development and one-theme plans. (1480)
S. 9411 USES PERMITTED. The full owing .retail and service uses shall be
permitted, subject to administrative review by the Board of Zoning
Adjustments. Said review shall insure that uses are developed in a. manner compatible
with the intent .of this District.
S. 94.11.1 Retail Uses.
B. Bakery goods - limited to five (5) employees
C. Convenience markets, grocery, meat, fruit and vegetable stores
D. Delicatessen
Drug & pharmacy stores
I . Ice cream parlor; and candy stores
Ice stations - packaged
L. Liquor stores
S. 9411.2 Service Uses.
B. Barber and beauty shops
L. Laundry and cleaning agencies, hand or scrlf-service laundries (no plant
operations), and accessory tailor shops
P. Professional offices
S. 9412 YARD REQUIREMENTS
S. 9412.1 Front Yard. The minimum required front---- I yard shall be fifty (50) feet.
i
S. 9412.2 Exterior Side. Yard. The minimum required exterior side yard shall be
fifty(50) feet.
7183
i
i
S. 9412.3 COMMERCIAL DISTRICTS PLANNING
S. 9412.3 Interior Side Yard. The minimum. required interior side yard shall bp
ten (10) feet.
S. 9412.4 Rear Yard: The minimum required rear yard shall be ten (10) . feet. .
S. 9413 DEVELOPMENT STANDARDS
S. 9413.1 Site Area.
(a) Minimum Building. Site: The minimum building site shall be one-half (1/2) acre.
(b) Maximum Building Site: The maximum building site shall be three (3) acres. The
maximum 'site `area devoted to commercial uses shall not exceed one and one-half (1 1/2)
acre.
S. 9413.2 Minimum Frontage: The Minimum lot frontage shall be one hundred (100)
feet on an arterial highway.
S. 9413.3 Maximum Building Height. The maximum building height shall not exceed
twenty 20 feet. 952-1/75)
S. 9413.3.1 Exception. Rooftop mechanical equipment and screening may exceed the
twenty 20) foot height requirement, but shall set .back fifteen (15)
feet from any exterior building edge. Said rooftop screening shall not project above
the equipment it is designed to shield from view.
S. 9413.4 Gross Floor Area: The maximum gross floor area for any one commerc
use shall not exceed thirty-two hundred (3200) square feet.
S. 9413.5 Loading Area: All loading areas shall be screened from view ,from any
public right-of-way by a six (6) foot high decorative masonry wall .
Said loading areas shall be located at the rear or interior side of the building.
S. 9413.6 Lighting: All lighted advertising devices . or floodlights shall .be
-- stationary, non-flashing, and non-animated; said advertising devices
and floodlights shallnot generate light visually intrusive into any adjacent property.
S. 9413.7 Trash, Garbage, and Refundable Bottle or Container Collection Areas:
All trash; garbage, and refundable bottle or container collection
areas shall be screened from view on all four sides by a six (6) foot high decorative
masonry wall , building or gate.
S. 9413.8 Outside Storage. All goods, wares, merchandise, produce, and any
other commodities which are stored or offered for sale or exchange in
this District shall be housed in a fully enclosed building or structure.
S. 9414 OFF-STREET PARKING. The arrangement, access, and number of all.
- - parking aces acesp an3/or lots shall conform to Article 979.
7/83 .
PLANNING COMMERCIAL DISTRICTS S. 9430
ARTICLE 943
C2 COMMUNITY BUSINESS DISTRICT
S. 9430 USES PERMITTED
S. 9431 LIMITATIONS ON PERMITTED USES
S. 9432 SETBACK ENCROACHMENT AND OUTSIDE
DISPLAY AND/OR STORAGE
S. 9433 OFF-STREET PARKING
S. 9434 YARD REQUIREMENTS
S. 9435 DEVELOPMENT STANDARDS
S. 9430 USES PERMITTED. All uses of the Cl district, together,
with those uses enumerated in. sections 9430.2 through
9430.5, shall be permitted in the C2, Community Business District, subject to
approval of an administrative review application by the Board of Zoning
Adjustments. (1029, 1108, 1194 1549-1/70, 2454-10/80)
S. 9430.1 Repealed - (Ord 2454-10/80)
S. 9430.2 The following retail stores shall be permitted: (1532,
1602-9/70)
A. Automobile sales agencies, with incidental repairs and service.
Automobile accessory dealers
B. Bakeries (not more than seven .(7) employees and with all goods sold on
premises).
Bicycle sales
Boat and marine supplies
C. Clothing stores
D. Department stores
E. Electrical supply shops
F. Feed and fuel stores (entirely within a building devoted to retail .
sales).
Florist shops
Frozen food lockers (retail only)
Furniture stores
H. Hardware stores
I. Ice storage houses (limit capacity to five (5) tons) .
J. Jewelry store
L. Liquor stores, and on-sale liquor establishments
M. Motorcycle dealers - with incidental repairs and service
Mobile trailer sales
N. Newsstands
7/85
S. 9430.2 P COMMERCIAL_DISTRICTS PLANNING
P. Paint stores
Pet shops
Photographic equipment and supplies
Plant nurseries
Plumbing Supply shops
Printing shops
S. Supermarkets
S. 9430.3 Auditoriums, meeting halls, for fraternal and service
organizations.
S. ' 9430.4 Business colleges and private schools.
S. 9430.5 The following services shall be permitted: (1972-4/75)
A. Animal clinics (no outside kennel runs or overnight care shall be
permitted).
Animal grooming
Automobile minor repair (refer to Section 9700.1(4).
B. Banks
Blueprinting and photostating
Bowling alleys, billiards, poolhalls
C. Cafes and restaurants
Catering establishments
D. Dry cleaning establishments using no more than two (2) clothes cleaning
units, none of which shall have a rated capacity in excess of forty
(40) pounds, using cleaning fluid which is non-explosive and
non-inflammable at a temperature below 130 degrees Fahrenheit.
E. Electric distribution, substations
H. Health centers and health clubs (under 2500 square feet) (2371-6/79)
M. Medical and dental laboratories
Movie theaters
Music conservatories
P. Public garages
S. Saving and loan associations
Skating rinks, ice or roller
S. 9430.6 (1358) (Repealed - Ord 1839-6/73)
S. 9430.7 USE PERMITS. The following uses may be permitted in this
district subject to approval of a use permit application by
the Board of Zoning Adjustments:
(a) Car Wash. Where gasoline sale is a significant part of the overall
operation, the location criteria for gasoline service station shall
apply.
(b) Mortuary.
7/85
PLANNING94!.7(cl
(c) Other retail uses and services of a similar nature not specifically
provided ',for may be permitted provided that such uses and services
conform : to the provisions of Article 943. (1549, 1602-9/70,
1799-12/72, 1839, 6/73)
S. 9430.7.1 (1549, 1602-9/70) (Repealed - Ord 1839-6/73)
S. 9430.8 USES SUBJECT TO CONDITIONAL USE PERMIT. The following
uses may be permitted subject to the issuance of a
conditional use .permit:
(a) Unclassified uses as set forth in Article 933.
(b) Convenience markets combined with gasoline stations. (18 53-6/73,
2503-8/81)
(c) Adult entertainment, as defined in Article 975, and subject to the
regulations contained in such article. (2522-11/81)
(d) Adult dancing and/or live entertainment as a primary or secondary use
subject to the requirements set forth in Section 9730.83 of this code.
(2730-10/84, 2791-10/8 5)
(e) Teen dancing for patrons under the age of twenty-one (21) years,
subject to the requirements contained in Section 9730.82. (2730-10/8 4,
2791-10/85)
S. 9430.8.1 PROHIBITED USES. The following uses are prohibited in
conjunction with convenience markets combined with gasoline
stations: automotive repair, truck and utility trailer rental, and all
outside commercial activity except sale of gasoline. (2503-8/8 1)
S. 9430.8.2 DEVELOPMENT STANDARDS. The following development
standards shall apply:
(a) Off street Parking. The arrangement and access of all parking spaces
shall conform to Article 979. A minimum of eight (8) on-site parking
spaces shall be required for all convenience markets combined with
gasoline stations. Additional parking spaces may be required ' by the
Planning Commission based on the size of the main building, location of
the site, and availability of space.
(b) Landscaping. A minimum of ten (10) percent of the total site shall be
landscaped.
(c) Convenience Window. A pass-through window shall be installed from the
convenience market to the outside area to provide fast, efficient
service to customers purchasing gasoline only.
(d) Signing. (1) Major Identification Signs. There shall be one (1)
major identification sign located in a landscaped area which shall not
be more: than ten (10) feet high and eight (8) feet wide,. with' not more
than a total of forty (40) square feet per face. Such sign shall bear
the name or symbol of the convenience market and gasoline station only,
and shall not contain change panels.
10/8 5
so
S. 9430.8.2Cd)_C2 Z_ COMMERCIAL DISTRICTS PLANNING
(2) Detached Signs. There shall be one (1) detached sign for the
purpose of providing gasoline pricing, credit, public services
and similar information for each street on which the convenience
market/gasoline station abuts. The maximum height of each such
sign shall be seven (7) feet from ground level., and not more that
five (5) feet wide. Each sign may he double-raced and internally
i.11timinHted or indirectly lighted. (250.3-8/81 )
S. 9431 LIMITATIONS ON PERMITTED USES IN C2 DISTRICTS. Every use
permitted in a C2 district shall be su ject to the
following conditions and limitations:
(a) Storage shall be limited to accessory storage of commodities sold at
retail on premises.
(b) Products made incidental to a permitted use shall be sold only at
retail on premises.
(c) Not more than seven (7) persons may be employed in such processing and
treatment of products. The intent of this section is to prohibit
manufacturing in commercial districts. (1602-9/70)
S. 9432 SETBACK ENCROACHMENT AND OUTSIDE DISPLAY AND/OR STORAGE OF
MERCHANDISE. (1395)
S. 9432.1 PURPOSE AND INTENT. The purpose and intent of this
Section is to establish regulations that will limit the
type, height, and bulk of structures and/or buildings permitted within the
required front and/or exterior side yard setbacks. This Section is intended
to limit the outside display and/or storage of merchandise sold on premises to
those items normally conducted in the open. It is further intended that one
or more of the following criteria shall provide standards for which
structures, buildings, display and/or storage may be permitted:
(a) Duration (temporary or permanent)
(b) Landscaping to be provided
(c) Method of display and/or storage
(d) Amount of display and/or storage to be provided in relation to the use,
(size and location of area to be used).
(e) Guarantee of removal (temporary display and/or storage)
(f) Vehicular and pedestrian access
00 Visibility at driveway intersections
(h) Off-Street parking
S. 9432.2 NON-CONFORMING DISPLAY AND/OR STORAGE. Any non-conforrwinE
display and/or storage within the required setback shall be
completely removed or changed to conform with the requirement of this Section
within three (3) months after the time this Section takes effect or when such
use becomes non-conforming.
7/85
PL.ANNL�G _ COMMERCIAL DISTRICTS i S. 9432.2
Any use made non-conforming by any requirement of this Section shall be made
to conform with this Section or shall be completely removed within one year
after the time this Section takes effect or when such use becomes
non-conforming.
S. 9432.3 DISPLAY AND/OR STORAGE PERMITTED. Outside display and/or
storage of the following items may be permitted within or
behind the required setback, subject to Administrative Review by the Board of
Zoning Adjustments. Said review shall insure that the display and/or storage
is developed in a manner compatible with the intent of this article.
(a) Merchandise which is offered at special events such as grand openings,
business anniversary sales, change of ownership or management and
change of business address: approval is not intended to be permitted
for events such as clearance sales, weekly sales, special sales,. etc.
(b) New tire display (not to exceed ten (10) tires).
(c) Sales of automobiles, boats, trucks, cycles, trailers, campers_,
mobilehomes, and similar type vehicles; provided that:
1. A landscape plan is submitted showing a. three (3) foot wide strip
of landscaping along the entire frontage. Said plan shall
provide for pedestrian circulation. The landscaping required
herein shall be in addition to the landscaping required by
Article 979 and subject to the requirements contained therein.
2. All landscaping within six (6) feet of a public right-of-way
shall be submitted to the Department of Public Works for
approval, according to the latest adopted landscaping standards.
(1548 - 1/70, 2060-6/76)
(d) New motorized garden equipment display, growing plants or nursery
stock, and utility trailer rentals subject , to the landscaping
requirements of Subsection (c) hereof.
S. 9432.4 RETAIL MERCHANDISE. Outside display and/or storage of the
following items may be permitted behind the setback:
(a) Rental equipment
(b) Lumber (the height of which shall not exceed the screen wall height)
(c) Sacked fertilizer (the height of which shall not exceed the screen wall
height)
(d) Masonry items (brick, cement, stone)
(e) Patio and lawn type furniture.
S. 9432.4.1 Said display and/or storage shall be permitted provided
they are behind the setback and screened from view on all
sides and rear by a six (6) foot high decorative masonry wall, building or
gate. The front shall be screened from public view by the use of fencing,
building, landscaping or any combination thereof, subject to Administrative
Review by the Board of Zoning Adjustments.
S. 9432.5 (Repealed - (Ord 1799-12/72)
7/85
S.^9432.6 COMMERCIAL DISTRICTS PLANNING
S. 9432.6 STRUCTURES AND/OR BUILDINGS. The following structures
and/or buildings may be constructed within the required,
setback, subject to the conditions contained herein:
S. 9432.6.1 Repealed - (Ord 1799-12/72)
S. 9432.6.2 Repealed - (Ord 1799-12/72)
S. 9432.6.3 Attached canopies which are intended for public convenience
may project from any commercial building over pedestrian
walkways five (5) feet into the required setback for the entire width of said
building.
S. 9432.6.4 All telephone booths within the 50 foot. setbacks shall be
placed in locations approved by the Board of Zoning
Adjustments, provided that adequate view for the abutting property owner and
traffic safety is .maintained.
S. 9432.6.5 Other structures and/or buildings, may be constructed
within the required setback, subject to the following
requirements:
(a) The maximum encroachment shall not exceed twenty-five (25) feet except
as provided in Section 9432.6.1.
(b) For each foot of encroachment, a one foot wide landscaping strip shall
be provided along the entire length of the encroachment. Said
landscaping shall be additional to the landscaping required by Article
979 and subject to the requirements contained herein.
S. 9432.7 MISCELLANEOUS DISPLAY AND/OR STORAGE. The following items
may be permitted within the required setback, adjacent to
the building, subject to the conditions contained therein:
(a) Disabled American Veterans, Goodwill and similar collection containers
may be permitted upon approval from the Director. Said . containers
shall not be placed on vacant lots. (2217-9/77)
(b) Vending machines and newsstand racks.
S. 9432.8 GENERAL PROVISIONS. All structures, buildings, displays
and/or storage of merchandise within the required setback
which exceed a maximum height of six (6) feet may encroach into said setback,
subject to the following sight angle requirements:
7/85
PIING COMMERCIAL DISTRICTS _ S. 9433
S. 9433 OFF-STREET PARKING. The arrangement, access, and number
of all parking spaces and/or lots shall conform to Article
979.
S. 9434 YARD REQUIREMENTS. All yards shall be measured from the
existing property lines or from the ultimate right-of-way
lines as required by Article 973. (731, 1108, 2166-2/77)
S. 9434.1 FRONT YARD. The front yard setback shall be ten (10) feet
except as otherwise designated on a sectional district
map. (1108, 1494)
S. 9434.2 SIDE YARD.
(a) Exterior Side Yard. The minimum exterior side yard setback shall be
ten 10 feet except as otherwise designated on a sectional district
map.
(b) Interior Side Yard. The minimum interior side yard setback shall be
zero, except where the permitted use abuts a residential district, .then
the setback shall be a minimum of ten (10) feet. (1494)
S. 9434.3 REAR YARD. The minimum rear yard setback shall be zero,
except where the permitted use abuts .a residential
district, then the setback shall be a minimum of ten (10) feet. (1108, 1494)
S. 9435 DEVELOPMENT STANDARDS. (1494)
S. 9435.1 SITE AREA.
(a) Minimum Building Site. The minimum building site area shall be ten
thousand (10,000) square feet.
(b) Minimum Frontage. The minimum frontage shall be one hundred (100) feet.
(c) Reduction of Building Site or Frontage. The minimum building site or
frontage, or both minimum building site and frontage, may be reduced
provided one of the following conditions have been met:
1. A plot plan encompassing the entire parcel and delineating all
structures proposed for initial or future construction has been
approved by the Board of Zoning Adjustments, Planning Commission
or City Council prior to approval of a division of land, and all
applicable city ordinances are complied with.
2. An administrative review application accompanied by a plot plan
encompassing . the entire parcel is submitted to the Board of
Zoning Adjustments for approval prior to approval of a division
of land. Said plan shall delineate all structures proposed for
initial or future construction. The Board, after reviewing the,
application, may approve, conditionally approve or deny the
request. (1494)
S. .9435.2 BUILDING HEIGHT. No building structure or combination of
building and structures shall exceed fifty (50) feet in
height. (1494)
7/85
S. 9435.2.1 "COMMERCIAL DISTRICTS PLANNING
S. 9435.2.1 EXCEPTION. Rooftop mechanical equipment and screening may
exceed the fifty (50) foot height limit, provided, however,
they shall not exceed building height by more than fourteen (14) feet.
Screening shall be set back fifteen (15) feet from any exterior building edge
and shall not project above the equipment which it is designed to shield from
view. (1494)
S. 9435.3 COVERAGE. . The maximum ground floor area of all enclosed
area. (1494) buildings shall not exceed fifty (50) percent of the site
0
7/85
S.9432.®.1
SIGHT ANGL
REQUIREMENTS
eo
280
... 25 -�
10
RESIDENTIAL DISTRICT
IS°
<' � �.3 '' ''
:;. :e;;; r;,m:
280 g
ETBACK
NOTE ; '
TYPICAL LOTS IN COMMERCIAL
DISTRICTS
O MERCHANDISE LESS THAN
B FT IN HEIGHT.
MERCHANDISE OVER B PT.
IN HEIGHT.
BUILDING ENCROACHMENT
INTO THE REQUIRED SETBACK
(25 FT. MAXIMUM ), SCALE : 1'�= 50.'
PLANNING COMMERCIAL DISTRICTS S. 9450
ARTICLE 945
C3 - GENERAL BUSINESS DISTRICT
S. 9450 General Business District
S. 9451 Uses Permitted
S . 9452 Business Utfices
S. 9453 Specific Businesses
S. 9454 Uses Subject to Conditional,Use Permit
S.. 9456 Parking Requirements
S. 9457 Yard Requirements
S. 9450 General Business District: Provisions Applicable. The following pro-
visions shall apply in the C3 District:
S. 9451 Uses Permitted. Any uses permitted in the Cl, C2 and C4 districts
except hospitals, convalescent hospitals, sanitariums or rest homes,
and any uses requiring approval of a site plan application in the Cl, C2 and C4 districts
shall be permitted subject to the same regulations for such uses in the Cl, C2 and
C4 districts.
The uses set out in Section 9452 and 9453 shall be permitted in the C3 district sub-
ject to approval of an administrative review application by the Board of Zoning
Adjustments. (1358, 1602 - 9/70)
S. 9452 Business Offices. Offices of persons engaged in businesses, professions,
or trades. (495)
S. 9453 Specific Businesses: Subject to the further provisions of this Article,
the following businesses are permitted: (1549 - 1/70)
Auditoriums
Automobile Parking
Barber Shops
Bakery, retail
Beauty Parlors
Book or Stationary Stores
Cabinet Shops
Churches
Clothes Agency or Pressing Establishment
Conservatories and Studios, but not Motion Picture Studios (1194)
Dressmaking Shops
Drug Stores
Dry Goods or Notions Stores
Feed and Fuel Stores
Florist Shops
Garages
Grocery and Fruit Stores
Hardware and Appliance Stores (961,1194)
Hotels
Meat and Delicatessen Stores
• Mercantile Stores and- Markets
Newspaper Publishing
S. 9453 COMMERCIAL DISTRICTS. PLANNING ,
Photographer
Plumbing Shops
Printing Shops
Radio Sales and Repair Shops
Restaurants, Cafes
Shoe Repair Shops
Shoe Shops
Storage of goods enclosed within a building, but not General Warehouses
Tailor Shops
Theaters
Tire Shops
Trade Schools
Undertaking
Used Automobile Sales, but it shall be unlawful to store or offer for sale on any
used car lot, any vehicle which is not in condition to be legally operated upon
any California State Highway (495)
S. 9454 USES SUBJECT TO CONDITIONAL USE PERMIT. The following uses may be per-
mitted subject to issuance of a conditional use permit:
(a) Unclassified uses pursuant to provisions of Article 933. (1549-1/70, 1853-6/73)
(b) Adult entertainment, as defined in Article 975, and subject to the regulations
contained in. such article. (2522 - 11/81)
S. 9456 Off-Street Parking. All uses permitted in this District shall provide
off-street parking at the following ratio not withstanding Section
9793. (1022, 1340)
(a) Retail Stores - Including Commercial and Personal Service Establishments. One
off-street parking space shall be provided for each 500 square feet of gross
floor area within the building, or major fraction thereof; and one off-street
parking space shall be provided for each 500 square feet of land outside of a building,
or major fraction thereof, which is devoted to sales. (1022, 1340)
(b) Offices - Including Professional , Medical and Dental Establishments. One off-
street parking space shall be provided for each 500 square feet of gross floor
area, or major fraction thereof. (1022, 1340)
(c) Repealed - (Ord. 1853 - 6/73)
(d) Bars, Cafes, Restaurants, Night Clubs, Lunch Counters, and Bowling Alleys. One
off-street parking space shall be provided for each 200 square feet of gross
floor area, or major fraction thereof. Additional off-street parking spaces shall
be provided for establishments with dance floors at a ratio of one space for each
50 square feet of dance floor area or major fraction thereof. (1022, 1340)
(e) Motels and Hotels. One off-street parking space shall be provided for each
bedroom or guest room plus two off-street parking spaces shall be provided for
the resident manager or owner. If three or more beds are provided in a room, each
100 square feet of gross floor area shall be considered a guest room. (1022,1194,1340)
(f) Mortuary. One off-street parking space shall be provided for each 35 square
feet of gross floor area or major fraction thereof, in rooms used for services.
(1194, 1340)
S. 9456.1 The size, arrangement, and access of all parking lots and/or spaces
shall conform to Article 979. (1194)
11/6/81
PLANNING DISTRICTS S. 9456.2
S. 9456.2 All provisions for off-street parking shall be located within 300 feet
of the premises it is intended to serve, provided such off-street
parking facility is under the same ownership as the premises it is intended to
serve. (1022)
S . 906.3 Any use permitted in this District may be exempt from any off-street
perking requirements, provided the property upon which said use is
established is within the boundaries of a publicly administered parking district
and further provided that said parking district is providing the parking spaces
that would otherwise be required by this Article for all commercial. development
within such parking district. (1022)
S. 9457 g_
Yard Requirements. - -_-
All yards -shalll b b - the
e measured from extstin
property lines or from the ultimate right-of-way lines as required by
Article 973. (1108, 2166-2/77)
S. 9457.1 Front Yard. None (1108)
S. 9457.2 Side Yard. (1108)
S. 9457.2.1 Exterior .Side Yard. None (1108)
S. 9457.2.2 Interior Side Yard. None (1108)
S. 945 .3 Rea`r Yard. None (1108)
44
6/27/73
PLANNING COMMERCIAL DISTRICTS S. 9470
ARTICLE 947
C4 HIGHWAY COMMERCIAL DISTRICT
(822, 1194, 1340, 1366; 1494, 1549, 1600, 1852, 1952, 2503, 2173, 2791)
S. 9470 Statement of Intent and Purpose
S. 9471 Uses Permitted
S. 9471.1 Motels and Hotels
S. 9471.2 Yard Requirements for Dwelling, Hotels, Motel Uses
S. 9471.4 Professional Services and Offices
S. 9472 Use Permits
S. 9472.1 All Commercial Uses Permitted in C2
S. 9472.2 Uses Subject to Conditional Use Permits
S. 9473 Height Limitations - All Uses
S. 9474 Off-Street Parking
S. 9415 Dedication and Improvements
S. 9470 STATEMENT OF INTENT AND PURPOSE:
(a) This district is generally intended for land and structures to provide
hotels and motels for transients, and vacation visitors with convenient
access along heavily traveled highway frontage. Additional uses such
as churches and professional services are likewise included.
(b) It is further intended to provide controlled commercial uses on a
highway location where it is not detrimental to adjoining property
development.
S. 9471 USES PERMITTED. The following uses shall be permitted in
the C4 District subject to approval of an Administrative
Review application by the Board of Zoning Adjustments. (1549-1/70)
S. 9471.1 MOTELS AND HOTELS.
(a) Minimum Lot Area: The minimum lot area for motels and hotels shall be
9000 square feet.
(b) Minimum Frontage: The minimum frontage for motels and hotels shall be
70 feet.
(c) Location and Access: All motels shall be located on and take vehicular
access from an arterial highway. Said arterial highway shall be
depicted on the Master Plan of Arterial Streets and Highways. (1366)
S. 9471.2 YARD REQUIREMENTS FOR MOTELS AND HOTELS:
(a) Front Yard: The minimum front yard shall be five (5) feet. Parcels
fronting on a State Highway shall be required to setback a minimum of
fifty (50) feet from the ultimate right-of-way.
(b) Side Yard:
Interior: The interior side yard shall be five (5) feet.
Exterior: The exterior side yard shall be ten (10) feet.
10/85
*0
S. 9471.2(c) COMMERCIAL DISTRICTS PLANNING
(c) Rear Yard: The minimum rear yard shall be five (5) feet, except where
a permitted use abuts an R1 District, then a minimum rear yard of
fifteen (15) feet shall be provided.
S. 9471.3 Repealed - (Ord 1852-6/73)
S. 9471.4 PROFESSIONAL SERVICES AND OFFICES. Professional services
may be located in professional business buildings.
Professional offices are defined as offices for the conduct of any one of the
following uses only:
Accountant, architect, attorney, chiropractor, collection agency, dentist,
engineer, insurance broker, optometrist, physician and surgeon, private
detective, real estate sales, social workers, surveyor and pharmacies.
Diagnostic laboratories and biochemical laboratories that do not exceed
fifteen hundred (1,500) square feet in gross area are permitted. (1340,
1600-9/70)
S. 9471.4.1 YARD REQUIREMENTS. (1494)
(a) Front Yard. The minimum front yard setback shall be ten (10) feet,
except as otherwise designated on a sectional district map.
(b) Side Yard.
1. Exterior Side Yard. The minimum exterior side yard setback shall
be ten (10) feet, except as otherwise designated on a sectional
district map.
2. Interior Side Yard. The interior side yard setback may be zero,
except where permitted use abuts a residential district, in which
case a minimum of ten (10) feet shall be provided.
(c) Rear Yard. The rear yard setback may be zero except where the
permitted use abuts a residential district, then the setback shall be. a
minimum of ten (10) feet in the rear yard.
S. 9471.4.2 DEVELOPMENT STANDARDS.
S. 9471.4.2.1 SITE AREA.
(a) Minimum Building Site. The minimum building site area shall be six
thousand (6000) square feet.
(b) Minimum Frontage. The minimum frontage shall be sixty (60) feet._
S. 9472 USE PERMITS. The following uses may be permitted in this
district subject to an approval of a use permit application
by the Board of Zoning Adjustments. (822, 1600 - 9/70)
S. 9472.1 All commercial uses permitted in the C2, "Community
Business District", subject to the same provisions
regulating such uses. (822, 1340, 1600-9/70)
7/85
f?LANNING�__ iV i! COMMERCIAL DISTRICTS J S._.9472.2
S. 9472.2 USES SUBJECT TO CONDITIONAL USE PERMIT. The following
uses may be permitted subject to the issuance of a
conditional use permit:
(a) Unclassified uses as set forth in Article 933.
(b) Convenience markets combined with gasoline stations subject to the
provisions contained in the C2, "Community Business District." (822,
1600-9/70, 1853-6/73, 2503-8/81)
(c) Adult entertainment, as defined in Article 975, and subject to the
regulations contained in such article. (2522-11/81)
(d) Fortunetelling. (2773-7/85)
(e) Adult dancing and/or live entertainment, subject to the requirements
contained in Section 9730.83 of this code. (2791-10/8 5)
S. 9473 MAXIMUM BUILDING HEIGHT. ALL USES. The maximum building
height shall not exceed thirty-five (35) feet. (822,
1600-9/70, 1952-1/75)
S. 9474 OFF-STREET PARKING. The arrangement, access and number of
all parking spaces and/or lots shall, conform to Article
979. (1600-9/70)
S. 9475 DEDICATION AND IMPROVEMENTS.
(a) Dedication. No building shall be used or constructed for any uses
permitted in the C4 District nor shall a permit for the construction of
such building be issued by the Building Department, nor shall any land
be used, where the land upon which such building is to be used or
constructed or where the land to be used for said building is upon any
indicated Arterial. Highway shown on the Master Plan of Streets and
Highways adopted February, 1957, and as hereafter amended, until and
unless the right-of-way for such highway to the width shown on the
Master Plan has been dedicated to or vested in the City of Huntington
Beach.
(b) Improvements. No final notice of completion shall be issued by the
Building Department until such required dedication of right-of-way as
described in subparagraph (a) of this section has been improved by
installation of curbs, gutters, and street drainage in full compliance
with City of Huntington Beach street standards, or until , with the
consent of the City Engineer, an agreement is entered into with the
City in accordance with an accepted plan of improvements. In the event
an agreement for the improvements is entered into, the City Council may
require that the agreement be secured by a good and sufficient bond, or
it may accept in lieu thereof a cash deposit. which bond or cash deposit
shall be in an amount equal to the cost of the improvements estimated
by the City Engineer. (822)
10/85
PLANNING MOERCIAL DISTRICTS S. 9480
ARTICLE 948
SERVICE STATION STANDARDS
(Special Commercial Developments)
(1672-9/71, 1799-12 72, 2060-6 .6, 2217=9 , 23 0-1/79, 2765-7/85)
S. 9480 INTENT AND PURPOSE. It is recognized that service
stations warrant special consideration because they
constitute a use attracting vehicular patronage exclusively and therefore,
tend to create additional traffic hazards on a public way, which hazards
increase proportionately with the number of service stations within an
immediate area. It is further noted that the unenclosed nature of the
activity, distinctive physical appearance, long hours of operation, the degree
of danger to life and property due to the flammable and explosive potential,
noxious odors, noise and traffic hazards arising from the conduct of such
business required the regulation of service station locations to promote
reasonably the health, safety and general welfare of the citizens of
Huntington Beach.
These standards are also intended to encourage better land planning techniques
by use of aesthetically pleasing architecture, landscaping, site layout and
design.
S. 9481 SERVICE STATION SUFFIX. USE OF. After a public hearing,
as provided for zone changes in this code, the service
station suffix (SS) may be combined with any commercial district except the Cl
district and any industrial district. All requirements of this article and
the base zoning district shall apply.
S. 9481.1 LOCATION. Service station sites shall only be permitted
at the intersection of arterial highways as shown on the
Circulation Plan of Arterial Streets and Highways or at the intersection of
freeway off-ramps and arterial highways, and not otherwise. When the proposed
site is located at the intersection of a secondary arterial and any other
highway, a service station site may be permitted if two of the remaining
corners are zoned and general planned for commercial uses. The . following
criteria are established for the location of service stations in the city:
(2765-7/85)
(a) The proximity to other service stations or businesses distributing or
handling flammable liquids or materials; (2765-7/85)
(b) The proximity to residences, schools, hospitals, 'churches, theaters,
parks, and other places of public assembly; and (2765-7/85)
(c) Any adverse effect that the proposed use will have on the abutting
streets and highways including, but not limited to, congestion, turning
movements and dangers to pedestrians. (2765-7/85)
S. 9481.2, BUILDING SITE AND FRONTAGE. The minimum building site
shall be 22,500 square feet with a minimum frontage of 150
feet on any arterial highway. (2765-7/85)
S. 9481.3. PERMITTED USE. The following use is permitted in a
service station suffix (SS) district subject to approval of
an administrative review application by the Board of Zoning Adjustments;
provided, however, that in the case of such use at the intersection of a
secondary arterial and :any other highway, a conditional use permit application
shall be considered by the Planning Commission. (2765-7/85)
7/85
S. 9481.4 COMMERCIAL DISTRICTS PLANNING
Automobile service stations engaged in the retail business of selling motor
fuels and supplying goods and services, as defined in Article 970, generally
required in the operation and maintenance of motor vehicles. (2765-7/85)
S. 9481.4 ADJUNCT USES. Adjunct uses described herein are permitted
subject to the following conditions:
(a) That vehicular circulation will not be impeded by the operation of the
adjunct uses;
(b) That the interest of the City in maintaining adjunct uses within a
service station to be strictly subordinate to the main operation has
been clearly demonstrated;
(c) That the operation of an adjunct use will not be detrimental to the
welfare of adjacent properties or potential patrons of the service
station;
(d) Adjunct use areas shall be delineated on the plot plans submitted when
the administrative review application for the service station is first
requested and in addition to the areas required for off-street parking,
driveways, and landscaping. All adjunct uses shall be specifically set
out in the initial application for entitlement of a use. Any adjunct
uses to be added after the initial application has been filed shall
require submittal of a subsequent administrative review application. .
S. 9481.4.1 USES PERMITTED. GOVERNING CRITERIA.
(a) Automatic washing, cleaning and waxing of vehicles. Such activity
shall be conducted within the main structure of the service station.
(b) Truck and utility trailer rental. Truck and utility trailer rental is
permitted providing the following criteria governing said use are
complied with:
1. Truck and utility trailer rental vehicles shall not exceed
twenty-five (25) feet in length.
2. Except for display purposes as provided herein rental vehicles
shall be stored not less. than fifty (50) feet from the front and
exterior property line of the service station site.
3. Display of one utility trailer may be permitted within the
required front or exterior side setback subject to compliance
with Section 9432.3 or this code.
S. 9481.5 OUTSIDE ACTIVITIES. Activities conducted outside the
permanent structure shall be limited to the dispensing of
gasoline, oil, water, minor accessory items and parts such as fan belts, light
bulbs and wiper blades, attaching and detaching trailers and changing tires.
Except as provided in Section 9481.4.1, outside storage of motor vehicles is
prohibited. For the purposes of this section "outside storage" shall mean the
parking of a motor vehicle outside the main structure of the service station r
for a period in excess of twenty-four (24) hours unless said vehicle is in the
process of being serviced, in which case "outside storage" shall mean the
parking of a motor vehicle outside the main structure of the service station
for a period in excess of seven (7) days. (2340-1/79)
7/85
PLANNING COMMERCIAL DISTRICTS S. 9481.6
S. 94:81.6 DESIGN. Emphasis shall be on quality. of design and proper
balance between building materials of structures and
landscaping elements.
All service stations shall be designed so that form and scale are harmonious
and consistent with the character and aesthetic development of each specific
site, neighborhood and shopping center within which such station is located.
S. 9481.7 RESTROOM. Where restrooms are entered from the outside of
the building, such entrances shall be concealed from view
by planters, other decorative screening structures, or any combination thereof.
S. 9481.8 LANDSCAPING. A minimum of (ten) 10 percent of the total
site shall be landscaped and permanently irrigated in the
following prescribed areas:
(a) Six (6) foot wide (inside dimension) planters shall be located along
the street side property lines except for driveway openings.
(b) A three (3) foot wide (inside dimension) planter shall be located along
the interior property lines except for openings to facilitate vehicular
circulation to adjacent property. Fifteen (15) gallon trees shall be
located along the interior property line planters at a forty-five (45)
foot average on center.
Additional trees or landscaping shall be required to screen service bays from
adjacent property.
(c) A planting area composed of not less than six hundred (600) square feet
with a minimum dimension of twenty (20) feet shall be located at' the
corner of two intersecting streets.
(d) Seventy (70) square feet of planting area shall be located along that
portion of the main building fronting on a public street.
(e) All planting areas shall be separated from adjacent paved surfaces by a
six (6) inch wide and six (6) inch high concrete curb.
Planting shall be harmonious with the architectural design and site location
and shall be maintained at all times in a neat, clean, healthy condition, and
shall comply with landscaping standards in effect at the time of application
for an administrative review. Planting shall not exceed a height of three (3)
feet, except trees and planting located next to the main structures and along
the interior property line, if compatible with adjacent development, shall
exceed three and one-half (3 1/2) feet.
S. 9481.9 TRASH AREAS. Bins for the storage of trash, refuse and
discarded automobile parts shall be provided on site behind
the required setback. Such trash area shall be screened by a six (6) foot
high enclosure equipped with a gate. All such trash areas shall be
constructed of 'materials and in a manner which blends with the architecture
and aesthetics of the main structure.
S. 9481.10 LIGHTS. In order to create a pleasing appearance, service
station lighting shall be a low profile type. Lighting
normally associated with the main building and canopies shall be indirect or.
diffused.'
7/85
S. 9481.11 COMMERCIAL DISTRICTS PLANNING
S. 9481.11 PARKING. The size, arrangement and access of all parking
lots and spaces shall conform to Article 979 of this code.
All vehicles except those within the main structure of the service station or
those being serviced at the pump islands shall.. be parked within said parking
lots and spaces. (2340-1/79)
S. 9481.12 VENDING MACHINES. Vending machines shall be placed within
the main building or in the alternative, machines may be
placed next to the main building in a designated area not to exceed thirty-two
(32) square feet.
S. 9481.13 MERCHANDISE DISPLAY. All new and used merchandise shall
be stored or displayed within the permanent structure
except accessory and lubrication items offered for customer convenience and
other related items such as oil, wiper blades, etc. which are customarily kept
on pump islands, in which case they shall be located in a specially designed
enclosed case or adjacent to the building. Outside display of any other
merchandise shall be prohibited.
S. 9481.14 TIRE STORAGE. . One (1) tire storage structure may be
located on an interior property line behind the setback or
adjacent to the main building. Materials and structure shall be similar to
and compatible with the service station design. The maximum size of such
structure shall be no more than eight (8) feet in height nor more than sixteen
(16) feet in width.
S. 9481.15 SERVICE BAYS. The openings of service bays shall be .
designed to minimize the visual intrusion onto abutting
properties and in no case shall they face the public highway. The building
shall have no more than three (3) service bays.
S 9481.16 Repealed - (Ord 2060-6/76)
S. 9481.17 SIGNS. All signs shall conform to the provisions included
herein and to portions of Article 976 which relate to
service stations.
S. 9481.17.1 MAJOR IDENTIFICATION SIGNS. One (1) major identification
sign shall be allowed. Such identification sign shall be
located in a landscaped area and shall not exceed a height of ten (10 ) feet.
An identification sign may also contain change panels for fuel pricing, only,
provided that no detached pricing signs are placed on the site. If detached
pricing signs are placed on the site, the major identification sign contain
only the name or symbol of the business which it identifies and shall - not
contain change panels, or exceed forty (40) square feet per face. If pricing
information is to be included on the major identification sign, the .sign shall
not exceed fifty (50) square feet per face. (2370-6/79)
S. 9481.17.2 DETACHED SIGNS. One (1) detached sign for the purpose of
providing information such as price, credit, public
services, and similar information shall be allowed for each street the service
station abuts, subject to the following:
(a) Except as hereinafter provided, the maximum height of each such sign
shall not exceed seven (7) feet from ground level. Such sign shall not
, exceed five (5) feet in width.
7/85
PLANNING COMMERCIAL DISTRICTS S 9481 17.2(b)
(b) Each sign may -be double faced and internally illuminated or indirectly
lighted.
(c) Each sign shall be placed in such manner so as not to interfere with
traffic.
(d) Each permitted detached sign shall be erected in a landscaped planter.
S. 9481.17.3 REQUIRED SIGNS. Signs required to be placed at a service
station, including but not limited to "No Smoking,"
"Licensed Inspections and Adjustments", and similar identification mandated by
a governmental agency, may be placed on the main building or, in the .
alternative, required signs may be placed as follows:
(a) One (1) additional detached sign incorporating such information is
permitted. Said sign shall be placed in a landscaped planter; or
(b) Required sign information may be incorporated in conjunction with one
(1) detached sign permitted under Section 9481.17.2 The area
encompassed by such required sign shall be excluded in the calculation
for maximum area of a detached sign.
S. 9481.17.4 PUMP ISLAND SIGNS. Signs designating operation
instructions, .self-serve and full-serve islands, or similar
information designed for customer convenience, may be affixed to each canopy
column of a pump island.
(a) The size of each sign shall not exceed two (2) square feet.
(b) Such signs may be double faced.
(c) In the alternative, one (1) sign may be placed upon each fuel pump for
the purpose of imparting the same information. Said signs shall comply
with the minimum regulations for this sections.
S. 9481.17.5 TRADEMARKS. Trademarks, abbreviations, slogans, symbols
and logos, etc. which identify the service stations may be
placed on the main building and pump islands.
' (a) Trademarks may be double faced.
(b) There shall not be more than two (2) trademarks per building nor more
than one (1) trademark per pump island.
S. 9481.17.6 EXEMPT SIGNS. All signs encompassed within a gasoline
pump are permitted and are not regulated by the City,
provided, however, that no signs shall be permitted on the top of pumps except
as provided by this article.
S. 9481.17.7 APPLICATION FOR BUILDING PERMIT. Sign Requirements. The
design, copy, and location of any and all proposed signs
shall accompany the initial application for a building permit for the main
structure and shall be subject to approval by the Director. Subsequent
requests for signs shall be subject to approval by the Director. (2217-9/77)
All signs proposed shall be directly related to identifying the business,
services rendered, operating instructions, and primary product, and shall not
advertise secondary products such as oil, tires, etc.
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Se 9481 18 COMMERCIAL DISTRICTS PLANNING
S. 9481.18 PUMP ISLANDS. Pump islands shall be set back a minimum of
fifteen 15 feet from the. front and/or exterior side
property line.
S. 9481.19 CANOPIES. Automobile service station canopies, whether
attached or detached, intended for public comfort and
convenience, shall not project closer than seven (7) feet to the front or
exterior side property lines, provided said canopies maintain a minimum ground
clearance of twelve (12) feet above the center line grade of the adjacent
street. Maximum pitch of gable canopies shall not exceed 4 in 12 with a
maximum peak rise of four (4) feet.
V
S. 9481.20 SITE CLEARANCE. . Vehicles and other obstructions except
signs, as permitted in the initial application, may not be
parked or located within the triangle formed by measuring thirty-five (35)
feet along the front and exterior side lot line from the point where the
prolongation of such lines intersect.
S. 9482 NONCONFORMING SERVICE STATION SITES. Existing service
station sites, made nonconforming as a result of this
article, shall be made to comply with specific requirements contained in this
article pertaining to such nonconforming site.
S. 9482.1 NONCONFORMING SERVICE STATION SIGNS.. MISCELLANEOUS. Trash
disposal area, tire storage, and miscellaneous signs shall
be removed or altered to comply with the provisions of this article on or
before June 16, 1977.
S. 9482.1.1 LANDSCAPING. A minimum of not less than six (6) percent
of the total site shall be landscaped, provided with
sprinkler systems, and well maintained. Said landscaping shall be altered to
comply with the provisions of this section on or before December 16, 1977.
A portion of the required landscaping shall be allocated as follows:
,.(a) Where the exterior drive apron of a pump island is sixteen (16) feet in
width or greater, a landscaped planter having a width of not less than
three (3) feet (inside dimension) shall be provided along the street
side property lines between driveway openings.
(b). A landscaped planter shall be provided at the corner of two
intersecting streets.
(c) Where placement of planters would impede vehicular access or on-site
circulation, landscaping may be placed elsewhere on the property to
meet the minimum requirement.
(d) Landscaping shall be placed in a manner to buffer the site effectively
,from the public right-of-way and adjacent properties.
(e) Not less than five (5) fifteen (15) gallon trees shall be provided
within landscaped planters.
(f) Specific placement of materials within planter areas, species, number,
and size, shall be subject to standard plans and specifications on .file
with the Department of Public Works of the City of Huntington Beach.
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PLANNING COMMERCIAL DISTRICTS S. 9482.1.1(.�)
(g) Upon written request, the Board of Zoning Adjustments may grant a
reduction in the landscaping requirements providing any of the
following findings is made:
(1) The reduction is necessary for traffic safety.
(2) Reduction of landscaping would not substantially reduce the
buffering effect from the right-of-way or interior properties.
(3) The design of the service station site as it exists inhibits
logical placement of landscaping to achieve an aesthetic
appearance.
S. 9482.1.2 MAJOR IDENTIFICATION SIGNS. Major identification signs
shall be 'removed or altered to comply with the provisions
of this article on or before June 16, 1979.
S. 9482.1.3 PLAN REVIEW REQUIRED. Plans to make existing
nonconforming service station sites conform to this article
shall be submitted to the Director. (2217-(9/77)
S. 9482.1.4 APPROVAL BY DIRECTOR. The Director shall approve such
alterations if all of the following conditions are complied
with: (2217-9/77)
(a) Any such alteration shall meet the provisions of the Huntington Beach
Ordinance and Municipal Code (2217-9/77)
(b) Signs. All signs proposed shall be directly related to identifying the
business, services rendered, operating instructions, and primary.
product, and shall not advertise secondary products such as oil, tires,
etc.
(c) . Landscaping. Proposed landscaping shall be placed in a manner which
effectively buffers the operation of the service station from adjacent
property and the public right-of-way.
S. 9482.1.5 MODERNIZATION OF NONCONFORMING USE. All proposals to
modernize existing service station shall be subject to
administrative review action by the Board of Zoning Adjustments. Existing
service station sites are exempt from the location criteria of Section 9481.1,
and minimum building site and frontage requirements contained in Section
9481.2 of this article.
(a) Proposed modernization of the existing service station site
improvements in excess of fifty (50) percent of the value of said
service station shall conform to all requirements contained in Sections
9482.1 et seq. at the time of such modernization.
(b) Proposed modernization of existing service station site improvement in
excess of twenty-five (25) percent but less than fifty (50) percent of
the value of the site improvement. within any twelve (12), month period
shall conform to the requirements contained in sections 9482.1,
9482.1.1 and 9482.1.2 at the time of such modernization.
7/85.
S. 9482.1.5(c) COMMERCIAL DISTRICTS PLANNING
(c) Proposed modernization which is less than twenty-five (25) percent of
the value of the site improvements of a nonconforming service station
in any twelve (12) month period shall conform to the requirements
contained in Sections 9482.1 and 9482.1.1 at the time of such
modernization.
S. 9482.1.13 PLAN REVIEW REQUIRED. Plans to make existing
nonconforming service station sites conform to this article
shall be submitted to the Director for review and approval. (2217-9/77)
S. 9482.2 COMPLIANCE REQUIRED. Any service station erected,
constructed, altered or maintained contrary to the
provisions of this article, or any idle service station, as defined in Section
9700. 9 (1) of this code, or any use of such service station contrary to the
provisions of this article, or failure to comply with any conditions attached
to the granting of any district change pursuant to this article shall be and
the same is hereby declared to be unlawful and a public nuisance.
S. 9482.3 Repealed (Ord 2060-6/76)
S. 9482.4 Repealed (Ord 2060-6/76)
S. 9482.5 Repealed (Ord 2060-6/76)
S. 9482.6 Repealed (Ord 2060-6/76)
S. 9482.7 Repealed (Ord 2060-6/76)
S. 9482.8 Repealed (Ord 2060-6/76)
S. 9482.9 Repealed (Ord 2060-6/76)
S. 9482.10 Repealed (Ord 2060-6/76)
S`. 9482.11 ADDITIONAL REMEDIES. In addition to other remedies
provided by this article, the City Attorney may commence
actions or proceedings for the abatement, removal and enjoinment thereof in
the manner provided by law, and shall apply to a court of competent
jurisdiction to grant such relief as will abate and remove such buildings,
structures or use, and restrain and enjoin any person, firm or corporation
from constructing, erecting, altering, moving, maintaining, or using any
property contrary to the provisions of this article, or failing to comply with
any conditions attached to he granting of any district change pursuant to this
article.
S. 9482.12 Repealed (Ord 1799-12/72)
S. 5482.13 Repealed (Ord 17.99-12/72)
S. 9482.14 PENALTY. In addition to other remedies provided by this
article, any person or persons violating any of the
provisions of this article shall be guilty of a misdemeanor. Each person, or
persons, shall be deemed guilty of a separate offense for each and every day
or portion thereof during which any violation of the provisions of this
article is committed, such person, or persons, shall be punished by a fine of
not more than Five Hundred Dollars ($500) or by imprisonment for not more than
six (6) months, or by both such fine and imprisonment. (1816-2/73)
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PLANNING COMMERCIAL DISTRICTS f _ _S. 9482.2
S. 9482.2 COMPLIANCE REQUIRED. Any service station erected, constructed, altered
or maintained contrary to the provisions of this article, or any idle
service station, as- defined in Section 9700.9 (1) of this code, or any use of such
service station contrary to the provisions of this article, or failure to comely,with
any conditions attached to the granting of any district change pursuant to this article
shall be and the same is hereby declared to be unlawful and a public nuisance.
S. 9482.3 (Repealed, Ord. 2060, 6/76)
S. 9482.4 (Repealed, Ord. 2060, 6/76)
S. 9482.5 (Repealed, Ord. 2060, 6/76)
S. 9482.6 (Repealed, Ord. 2060, 6/76)
S. 9482.7 (Repealed, Ord. 2060, 6/76)
S. 9482.8 (Repealed, Ord. 2060, 6/76)
S. 9482.9 (Repealed, Ord. 2060, 6/76)
S. 9482.10 (Repealed, Ord. 2060, 6/76)
S. 9482.11 Additional Remedies. In addition to other remedies provided by .
this article, the City Attorney may commence actions or
proceedings for the abatement, removal and enjoinment thereof in the manner
provided by law, and shall apply to a court of competent jurisdiction to grant
such relief as will abate and remove such buildings, structures or use, and
restrain and enjoin any person, firm or corporation from constructing, erecting,
altering, moving, maintaining, or using any property contrary to the provisions
of this article, or failing to comply with any conditions attached to the
d.• granting of any district change pursuant to this article.
S. 9482.12 (Repealed, Ord. 1799, 12/72)
S 9482.13 (Repealed, Ord. 1799, 12/72)
S. 9482.14 Penalty. In addition to other remedies provided by this article,
any person or persons violating any of the provisions of this.
article shall be guilty of a misdemeanor. Each person, or persons, shall be
deemed guilty of a separate offense for each and every day or portion thereof
during which any violation of the provisions of this article is committed, such
Person, or persons, shall be punished by a fine of not more than Five Hundred
Dollars ($500) or by imprisonment for not more than six (6) months, or by both
such fine and imprisonment. (1816 - 2/73)
S. 9482.15 Severability. If any section, subsection, sentence, clause,
phrase, or portion of this article, or any future amendments or
additions hereto, is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this article, or any future amendments
or additions hereto. The City Council of the City of Huntington Beach hereby
declares that it would hRve adopted this article and each sentence, subsection,
sentence, clause, phrase, or portion of any future amendments or additions
thereto, irrespective of the fact that any one or more sections, subsections,
clauses, phrases, portions or any suture amendments or additions thereto be
declared invalid or unconst it ions 1.
12/19/80
PLANNING COM ERCIAL DISTRICTS S. 9482.15
S. 9482.15 SEVERABILITY. If any section, subsection, sentence,
clause, phrase, or portion of this article., or any future
amendments or additions hereto, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent ,jurisdiction, such
decision shall not affect the validity .of the remaining portions of this
article, or any future amendments or additions hereto. The City Council of
the City of Huntington Beach hereby declares that it would have adopted this
article and each sentence, subsection, sentence, clause, phrase, or portion of
any future amendments or additions thereto, irrespective of the fact that any
one or more sections, subsections, clauses, phrases., portions or any future
amendments or additions thereto be declared invalid or unconstitutional.
7/85
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