HomeMy WebLinkAboutOrdinance #4195 ORDINANCE NO. 4195
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 204 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TITLED USE CLASSIFICATIONS
(ZONING TEXT AMENDMENT NO. 19-002)
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. 19-002,
which amends Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance
relating to updated, clarified, and additional use classifications utilized within the ZSO.
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 204 of the Huntington Beach Zoning and Subdivision
Ordinance titled Use Classifications is hereby amended to read as set forth in Exhibit A.
SECTION 2. All other provisions of Chapter 204 not modified herein shall remain in
full force and effect.
SECTION 3. This ordinance shall become effective immediately 30 days after its
adoption.
19-8007/216078 1
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the %31'�-day of 2020.
ATTEST: APPROVED AS TO FORM:
City Clerk ity Attorney ,�(W
rV WED AND ROVED: :ITIATED AND APPROVED:
It
City Manager Director of Community Development
Exhibit A: Legislative Draft
19-8007/216078 2
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204.10 Commercial Use Classifications
A. Ambulance Services. Provision of emergency medical care or transportation, including
incidental storage and maintenance of vehicles as regulated by Chapter 5.20.
B. Animal Sales and Services.
1. Animal Boarding. Provision of shelter and care for small animals on a commercial basis.
This classification includes activities such as feeding, exercising, grooming,and incidental
medical care,and kennels.
2. Animal Grooming. Provision of bathing and trimming services for small animals on a
commercial basis.This classification includes boarding for a maximum period of 48 hours.
3. Animal Hospitals.Establishments where small animals receive medical and surgical
treatment.This classification includes only facilities that are entirely enclosed, soundproofed,
and air-conditioned. Grooming and temporary(maximum 30 days)boarding of animals are
included, if incidental to the hospital use.
4. Animals, Retail Sales. Retail sales and boarding of small animals, provided such activities
take place within an entirely enclosed building. This classification includes grooming, if
incidental to the retail use, and boarding of animals not offered for sale for a maximum period
of 48 hours.
5. Equestrian Centers. Establishments offering facilities for instruction in horseback riding,
including rings, stables,and exercise areas.
6. Pet Cemetery. Land used or intended to be used for the burial of animals, ashes or
remains of dead animals, including placement or erection of markers, headstones or
monuments over such places of burial.
C. Artists' Studios. Work space for artists and artisans, including individuals practicing one of
the fine arts or performing arts, or skilled in an applied art or craft.
D. Banks and Savings and Loans. Financial institutions that provide retail banking services to
individuals and businesses. This classification includes only those institutions engaged in the on-site
circulation of cash money. It also includes businesses offering check-cashing facilities.
With Drive-up Service. Institutions providing services accessible to persons who remain in their
automobiles.
E. Building Materials and Services.Retailing,wholesaling, or rental of building supplies or
equipment.This classification includes lumber yards,tool and equipment sales or rental
establishments,and building contractors' yards,but excludes establishments devoted exclusively to
retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and
Services.
F. Catering Services. Preparation and delivery of food and beverages for off-site consumption
without provision for on-site pickup or consumption.(See also Eating and Drinking
Establishments.)
G. Commercial Filming.Commercial motion picture or video photography at the same location
more than six days per quarter of a calendar year. (See also Chapter 5.54, Commercial
Photography.)
H. Commercial Recreation and Entertainment. Provision of participant or spectator recreation
or entertainment.This classification includes theaters, sports stadiums and arenas,amusement parks,
bowling alleys,billiard parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated
by Chapter 5.28; ice/roller skating rinks, golf courses,miniature golf courses, scale-model courses,
shooting galleries,tennis/racquetball courts,health/fitness clubs, pinball arcades or electronic games
centers,cyber cafe having more than four coin-operated game machines as Fegulated by
card rooms as regulated by Chapter 9.24;and fortune telling as regulated by
Chapter 5.72.
Limited. Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs
occupying less than 2,500 square feet.
1. Communications Facilities.Broadcasting,recording,and other communication services
accomplished through electronic or telephonic mechanisms, but excluding Utilities(Major).This
classification includes radio,television,or recording studios;telephone switching centers;telegraph
offices;and wireless communication facilities.
J. Eating and Drinking Establishments. Businesses serving prepared food or beverages for
consumption on or off the premises.
1. With Fast-Food or Take-Out Service. Establishments where patrons order and pay for
their food at a counter or window before it is consumed and may either pick up or be served
such food at a table or take it off-site for consumption.
a. Drive-throuah. Service from a building to persons in vehicles through an outdoor
service window.
b. Limited.Establishments that do not serve persons in vehicles or at a table.
2. With Live Entertainment/Dancina. An eating or drinking establishment where dancing
and/or live entertainment is allowed.This classification includes nightclubs subject to the
requirements of Chapter 5.44 of the Municipal Code.
K. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and
consumption.Typical uses include groceries, liquor stores,or delicatessens. Establishments at which
20% or more of the transactions are sales of prepared food for on-site or take-out consumption shall
be classified as Catering Services or Eating and Drinking Establishments.
With Alcoholic Beverage Sales. Establishments where more than 10%of the floor area is devoted to
sales,display and storage of alcoholic beverages.
L. Food Processing.Establishments primarily engaged in the manufacturing or processing of
food or beverages for human consumption and wholesale distribution.
M. Funeral and Interment Services. Establishments primarily engaged in the provision of
services involving the care,preparation or disposition of human dead other than in cemeteries.
Typical uses include crematories,columbariums,mausoleums or mortuaries.
N. Horticulture.The raising of fruits,vegetables,flowers,trees, and shrubs as a commercial
enterprise.
O. Laboratories.Establishments providing medical or dental laboratory services; or
establishments with less than 2,000 square feet providing photographic, analytical,or testing
services. Other laboratories are classified as Limited Industry.
P. Maintenance and Repair Services.Establishments providing appliance repair,office machine
repair,or building maintenance services.This classification excludes maintenance and repair of
vehicles or boats; see(Vehicle/Equipment Repair).
Q. Marine Sales and Services.Establishments providing supplies and equipment for shipping or
related services or pleasure boating.Typical uses include chandleries,yacht brokerage and sales,
boat yards,boat docks,and sail-making lofts.
R. Reserved.
S. Nurseries.Establishments in which all merchandise other than plants is kept within an
enclosed building or a fully screened enclosure,and fertilizer of any type is stored and sold in
package form only.
T. Offices,Business and Professional.Offices of firms or organizations providing professional,
executive,management, or administrative services, such as architectural, engineering, graphic
design, interior design, real estate, insurance, investment, legal,and veterinary offices.This
classification includes medical/dental laboratories incidental to an office use, but excludes banks and
savings and loan associations.
U. Offices,Medical and Dental.A business which is primarily engaged in providing services for
health maintenance, diagnosis or treatment of human disease,pain, injury,physical or mental
condition, including,but not limited to,offices of acupuncturists,chiropractors, dentists,
optometrists,physicians,podiatrists,dermatologists,psychiatrists,psychologists and physical
therapists.
V. Pawn Shops.Establishments engaged in the buying or selling of new or secondhand
merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the
Municipal Code.
W. Personal Enrichment Services.Provision of instructional services or facilities, including
photography, fine arts, crafts, dance or music studios, driving schools,business and trade schools,
and diet centers, reducing salons, fitness studios, and yoga or martial arts studios.
X. Personal Services.Provision of recurrently needed services of a personal nature. This
classification includes barber and beauty shops,permanent and semi-permanent makeup such as
microblading,non-surgical medspas such as laser hair removal,eyelash extensions, injectables,
coolsculpting, etc., seamstresses,tailors, shoe repair shops, dry-cleaning businesses(excluding
large-scale bulk cleaning plants),photo-copying, self-service laundries, and massage as regulated by
Chapter5.24.
Y. Research and Development Services.Establishments primarily engaged in industrial or
scientific research, including limited product testing. This classification includes electron research
firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or
medical testing and analysis.
Z. Retail Sales.The retail sale of merchandise not specifically listed under another use
classification.This classification includes department stores,drug stores,clothing stores,and
furniture stores,and businesses retailing the following goods: toys,hobby materials,handcrafted
items,jewelry, cameras,photographic supplies, medical supplies and equipment, electronic
equipment,records, sporting goods, surfing boards and equipment,kitchen utensils, hardware,
appliances,antiques, art supplies and services, paint and wallpaper,carpeting and floor covering,
office supplies, bicycles, and new automotive parts and accessories(excluding service and
installation).
AA. Secondhand Appliances and Clothing Sales.The retail sale of used appliances and clothing
by secondhand dealers who are subject to Chapter 5.36. This classification excludes antique shops
primarily engaged in the sale of used furniture and accessories other than appliances,but includes
junk shops.
BB. Sex-Oriented Businesses.Establishments as regulated by Chapter 5.70;and figure model
studios as regulated by Chapter 5.60.
CC. Swap Meets,Indoor/Flea Markets.An occasional,periodic or regularly scheduled market
held within a building where groups of individual vendors offer goods for sale to the public.
DD. Swap Meets,Recurring.Retail sale or exchange of handcrafted or secondhand merchandise
for a maximum period of 32 consecutive hours, conducted by a sponsor on a more than twice yearly
basis.
EE. Tattoo Establishment.Premises used for the business of marking or coloring the skin with
tattoos as regulated by Chapter 8.70.
FF. Travel Services.Establishments providing travel information and reservations to individuals
and businesses.This classification excludes car rental agencies.
GG. Vehicle/Equipment Sales and Services.
1. Automobile Rentals. Rental of automobiles, including storage and incidental
maintenance,but excluding maintenance requiring pneumatic lifts.
2. Automobile Washing. Washing,waxing,or cleaning of automobiles or similar light
vehicles.
3. Commercial Parkin. Fg acility. Lots offering short-term or long-term parking to the public
for a fee.
4. Service Stations.Establishments engaged in the retail sale of gas, diesel fuel, lubricants,
parts,and accessories.This classification includes incidental maintenance and minor repair of
motor vehicles,but excluding body and fender work or major repair of automobiles,
motorcycles, light and heavy trucks or other vehicles.
5. Vehicle/Equipment Repair. Repair of automobiles,trucks, motorcycles, mobile homes,
recreational vehicles, or boats, including the sale, installation, and servicing of related
equipment and parts. This classification includes auto repair shops,body and fender shops,
transmission shops,wheel and brake shops,and tire sales and installation,but excludes vehicle
dismantling or salvage and tire retreading or recapping.
Limited. Light repair and sale of goods and services for vehicles, including brakes, muffler,
tire shops,oil and lube,and accessory uses,but excluding body and fender shops, upholstery,
painting,and rebuilding or reconditioning of vehicles.
6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles,trucks,
tractors,construction or agricultural equipment, manufactured homes, boats, and similar
equipment, including storage and incidental maintenance.
7. Offices for Vehicle Retail Sales/Wholesale.This classification includes businesses with
the primary building use of office for vehicle retail sales and wholesale businesses which may
display the maximum number of vehicles at any given time as required by the California
Department of Motor Vehicles.
8. Alehiele Store=.The business of stofing or-safekeeping of operative and inoper-stiv_e
vehieles for periods of time greater-than a 24 hour period,ineluding,but not lifflited to,
the storage of paAdog to . Pound yards,and storage lots for-automobiles
8.Vehicle Storage, Impound Yards. The business of storing or
safekeeping of operative and inoperative vehicles that have been
towed, for periods of time greater than a 24-hour period, but
not including vehicle repair or dismantling.
9.Vehicle Storage, Off-Site Auto Sales. The business of storing or
safekeeping new or used automobiles, intended for off-site sale, for
periods of time greater than a 24-hour period, but not including
vehicle repair or dismantling. This classification only includes storage
for vehicle sales businesses located within the City of Huntington
Beach.
10.Vehicle Storage, Recreational Vehicles. The business of storing or
safekeeping of operative and inoperative boats, trailers, campers, or
other recreational vehicles for periods of time greater than a 24-hour
period, but not including vehicle repair or dismantling.
HH. Visitor Accommodations.
1. Bed and Breakfast Inns.Establishments offering lodging on a less than weekly basis in a
converted single-family or multi-family dwelling or a building of residential design, with
incidental eating and drinking service for lodgers only provided from a single kitchen.
2. Hotels and Motels. Establishments offering lodging on a weekly or less than weekly
basis. Motels may have kitchens in no more than 25%of guest units, and"suite"hotels may
have kitchens in all units.This classification includes eating, drinking, and banquet service
associated with the facility.
3. Condominium-Hotel. Facility providing overnight visitor accommodations where
ownership of at least some of the individual guestrooms(units)within the larger building or
complex is in the form of separate condominium ownership interests,as defined in
California Civil Code Section 135l(f).The primary function of the Condominium-Hotel is to
provide overnight transient visitor accommodations within every unit that is available to the
general public on a daily basis year-round, while providing both general public availability and
limited owner occupancy of those units that are in the form of separate condominium
ownership interests.
4. Fractional Ownership Hotel.Facility providing overnight visitor accommodations where
at least some of the guestrooms(units)within the facility are owned separately by multiple
owners on a fractional time basis. A fractional time basis means that an owner receives
exclusive right to use of the individual unit for a certain quantity of days per year and each unit
available for fractional ownership will have multiple owners.
II. Warehouse and Sales Outlets.Businesses which store large inventories of goods in
industrial-style buildings where these goods are not produced on the site but are offered to the public
for sale.
JJ. Quasi Residential.
1. Residential Hotels. Buildings with six or more guest rooms without kitchen facilities in
individual rooms, or kitchen facilities for the exclusive use of guests, and which are intended
for occupancy on a weekly or monthly basis.
2. Single Room Occupancy. Buildings designed as a residential hotel consisting of a cluster
of guest units providing sleeping and living facilities in which sanitary facilities and cooking
facilities are provided within each unit;tenancies are weekly or monthly.
3. Timeshare. Any arrangement,plan, or similar program, other than an exchange program,
whereby a purchaser receives ownership rights in or the right to use accommodations for a
period of time less than a full year during any given year,on a recurring basis for more than
one year,but not necessarily for consecutive years. (3334-6/97,3378-2/98, 3568-9/02, 3669-
12/04,3757-1/07,3774-10/07, 3788-12/07,3842-11/09,4175-3/19)
Ord. No. 4195
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU,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 January 21, 2020, and was again read to said City
Council at a Regular meeting thereof held on February 3,2020, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,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 Wave on February 13,2020.
In accordance with the City Charter of said City.
Robin Estanislau, City Clerk City Clerk and ex-officio Clerk
Devuri City Clerk of the City Council of the City
of Huntington Beach, California