HomeMy WebLinkAboutOrdinance #4309 ORDINANCE NO. 4309
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 211 C COMMERCIAL DISTRICTS OF THE HUNTINGTON
BEACH ZONING AND SUBDIVISION ORDINANCE
(ZONING TEXT AMENDMENT NO. 23-002)
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. 23-002, which amends Chapter 211 of
the Huntington Beach Zoning and Subdivision Ordinance
After due consideration of the findings and recommendations of the Planning Commission
and all other evidence presented, the City Council finds that the aforesaid amendment is proper
and consistent with the General Plan;
NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby ordain
as follows:
SECTION 1. That Chapter 211 of the Huntington Beach Zoning Code 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.
"Neighborhood Notification" designates use classifications that require an Administrative Permit
by the Director. 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
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ORDINANCE NO. 4309
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.
CO, CG, and CV Districts: Land Use Controls
P =Permitted
L= Limited (see Additional Provisions)
PC=Conditional use permit approved by Planning Commission
ZA=Conditional use permit approved by Zoning Administrator
TU =Temporary use permit
P/U = Requires conditional use permit on site of conditional use
-= Not Permitted
CO CG CV Additional Provisions
Residential (J)(Q)(R)(V)
Group Residential PC PC PC
Multifamily Residential - - PC
Public and Semipublic (J)(Q)(R)(V)
Clubs and Lodges P P -
Community and Human Services
Drug Abuse Centers - PC -
Primary Health Care L-11 L-11 -
Emergency Kitchens - L-2 -
Emergency Shelters - L-2 -
Residential Alcohol Recovery, General - PC -
Residential Care,General ZA ZA -
Convalescent Facilities ZA ZA -
Cultural Institutions L-14 L-14 L-14
Day Care, General L-3 L-3 -
Day Care,Large-Family P P - (Y)
Emergency Health Care L-2 L-2 -
Government Offices P P ZA
Heliports PC PC PC (B)
Hospitals PC PC -
Park&Recreation Facilities L-9 L-9 L-9
Public Safety Facilities ZA ZA ZA
Religious Assembly ZA ZA PC
Schools,Public or Private PC PC -
Utilities,Major PC PC PC
Utilities,Minor P P P (L)
Commercial Uses (J)(Q)(R)
Ambulance Services - ZA -
Animal Sales&Services L-16
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CO CG CV Additional Provisions
aimal Boarding - ZA -
nimal Grooming - P -
nimal Hospitals - ZA -
nimals—Retail Sales - P -
luestrian Centers(CG Zone) - PC - (S)
t Cemetery - PC -
Artists' Studios P P P
Banks and Savings&Loans P P P
With Drive-Up Service P P P
Building Materials and Services - P -
Catering Services P P P
Commercial Filming P P P (F)
Commercial Recreation and Entertainment - PC PC (D)
Communication Facilities L-13 L-13 L-13
Eating and Drinking Establishments P P P
W/Alcohol ZA ZA ZA (N)
W/Drive Through - P P
W/Live Entertainment ZA ZA ZA (W)(Y)
W/Dancing PC PC PC (H)
W/Outdoor Dining ZA ZA ZA (X)
Food&Beverage Sales - P L-12
W/Alcoholic Beverage Sales - ZA ZA (N)
Funeral&Interment 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
Offices,Medical&Dental P P P
Pawn Shops - ZA -
Personal Enrichment Services L-10 L-10 -
Personal Services P P P
Research&Development Services L-1 ZA -
Retail Sales - P P (U)(V)
Secondhand Appliances/Clothing - P -
Swap Meets,Indoor/Flea Markets - PC - (T)
Swap Meets,Recurring - ZA -
Tattoo Establishments - ZA -
Travel Services P P P
Vehicle Equipment/Sales&Services
Automobile Rentals - L-8 L-8 L-12
Automobile Washing - ZA -
Commercial Parking - ZA ZA (P)
Service Stations - PC PC (E)
Vehicle Equip.Repair - L-5 -
Vehicle Equip. Sales&Rentals ZA ZA - L-12
Vehicle Storage,Impound Yards - PC - (AA)
Vehicle Storage,Off-Site Auto Dealers - P/ZA - L-17(BB)
Vehicle Storage,Recreational Vehicles - ZA - (CC)
Offices for Vehicle Equip. Sales&Rentals L-15 L-15 -
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CO CG CV Additional Provisions
Visitor Accommodations
Bed&Breakfast Inns ZA ZA ZA (K)
Hotels,Motels - PC PC (I)
Condominium-Hotel - - PC (Z)
Fractional Ownership Hotel
Quasi Residential
Timeshares - PC - (I)(J)
Residential Hotel - PC - (J)
Single Room Occupancy - PC -
Industrial (J)(Q)(R)(V)
Industry,Custom - L-6 L-6 -
Accessory Uses (J)(V)
Accessory Uses&Structures P/U P/U P/U
Temporary Uses (F)(J)(V)
Animal Shows - TU -
Circus and Carnivals and Festivals - TU -
Commercial Filming,Limited - P P (M)
Real Estate Sales P P P
Retail Sales, Outdoor - TU TU (M)
Seasonal Sales TU TU TU (M)
Tent Event - P -
Trade Fairs - P -
Nonconforming Uses (G)(J)(V)
CO, CG, and CV Districts: Additional Provisions
L-1 Permitted if the space is 5,000 square feet or less; allowed with Neighborhood Notification
pursuant to Chapter 241 if the laboratory space exceeds 5,000 square feet.
L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 5,000
square feet or less; allowed with a conditional use permit from the Planning Commission if the
space exceeds 5,000 square feet. (See Section 230.52, Emergency Shelters.)
L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500
square feet or less; allowed with a conditional use permit from the Planning Commission if the
space exceeds 2,500 square feet.
L-4 Reserved.
L-5 Only limited facilities are allowed subject to approval of a conditional use permit from the
Zoning Administrator, and body and fender shops are permitted only as part of a comprehensive
automobile-service complex operated by a new vehicle dealer.
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L-6 Only"small-scale" facilities, as described in use classifications, are permitted with a
maximum seven persons employed full time in processing or treating retail products, limited to
those sold on the premises.
L-7 Repealed.
L-8 On-site storage limited to two rental cars or two cars for lease.
L-9 Public facilities permitted,but a conditional use permit from the Zoning Administrator is
required for commercial facilities.
L-10 Permitted if the space is 5,000 square feet or less; allowed with Administrative Permit
approval if space exceeds 5,000 square feet.
In addition, personal enrichment uses within a retail building parked at a ratio of one space per
200 square feet, shall require no additional parking provided the use complies with the
following:
• Maximum number of persons per classroom does not exceed the number of parking
spaces allocated to the suite based upon the square footage of the building; and
• The instruction area does not exceed 75% of total floor area of the personal enrichment
building area.
L-11 Permitted if the space is 5,000 square feet or less; allowed with a conditional use permit
from the Zoning Administrator if the space exceeds 5,000 square feet.
L-12 Permitted for existing facilities proposing to expand up to 20% of existing floor area or
display area.
L-13 For wireless communication facilities see Section 230.96, Wireless Communication
Facilities. All other communication facilities permitted.
L-14 Allowed with Neighborhood Notification pursuant to Chapter 241 if space is 5,000 square
feet or less; allowed with a conditional use permit from the Planning Commission if the space
exceeds 5,000 square feet.
L-15 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.
L-16 No person shall keep or maintain upon premises owned or controlled by him or her in the
City, any kennel within 200 feet of any residential use. Refer to HBMC Section 7.12.150 -
Kennels.
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L-17 Permitted pursuant to an Administrative Permit if the property is 300 feet or more from a
parcel used or zoned for residential development. Permitted pursuant to a conditional use permit
from the Zoning Administrator if less than 300 feet from a parcel used or zoned for residential
development.
(A) Reserved.
(B) See Section 230.40, Helicopter Takeoff and Landing Areas.
(C) Repealed.
(D) See Section 230.38, Game Centers; Chapter 5.28, Dance Halls; Chapter 9.24, Card Rooms;
Chapter 9.32, Poolrooms and Billiards; and Chapter 9.28, Pinball Machines.
(E) See Section 230.32, Service Stations.
(F) See Section 241.20, Temporary Use Permits.
(G) See Chapter 236,Nonconforming Uses and Structures.
(H) For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided.
These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28,
Dancing Halls; Chapter 5.44, Restaurants - Amusement and Entertainment Premises; and
Chapter 5.70, Adult Entertainment Businesses.
(I) Only permitted on a major arterial street, and a passive or active outdoor recreational
amenity shall be provided.
(J) In the CV District the entire ground floor area and at least one-third of the total floor area
shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land
Use Plan. Any use other than visitor serving commercial shall be located above the ground level,
and a conditional use permit from the Planning Commission or the Zoning Administrator is
required. Any use other than visitor serving commercial uses shall only be permitted if visitor
serving uses are either provided prior to the other use or assured by deed restriction as part of the
development. No office or residential uses shall be permitted in any visitor serving designation
seaward of Pacific Coast Highway.
(K) See Section 230.42,Bed and Breakfast Inns.
(L) Collection containers are permitted in all commercial districts; recycling facilities as an
accessory use to a permitted use shall be permitted upon approval by the Director with
Neighborhood Notification pursuant to Chapter 241. See Section 230.44, Recycling Operations.
(M) Subject to approval by the Police Department, Public Works Department, Fire Department
and the Director. See also Section 230.86, Seasonal Sales.
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(N) The following businesses proposing to sell alcoholic beverages for on-site or off-site
consumption are exempt from the conditional use permit process:
(1) Retail markets with no more than 10% of the floor area devoted to sales, display, and
storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction
with the sale of gasoline or other motor vehicle fuel.
(2) Restaurants,bars, and liquor stores located 300 feet or more from any R or PS district,
public or private school, church, or public use.
(3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a
floral arrangement.
(0) See Section 230.46, Single Room Occupancy.
(P) See Chapter 231 for temporary and seasonal parking.
(Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or
additions equal to or greater than 50% of the existing building's floor area; or additions to
buildings on sites located within 300 feet of a residential zone or use for a permitted use requires
approval of a conditional use permit from the Zoning Administrator. The Community
Development Director may refer any proposed addition to the Zoning Administrator if the
proposed addition has the potential to impact residents or tenants in the vicinity (e.g., increased
noise, traffic).
(R) Projects within 500 feet of a PS District; see Chapter 244.
(S) See Section 230.48, Equestrian Centers.
(T) See Section 230.50, Indoor Swap Meets/Flea Markets.
(U) See Section 230.94, Carts and Kiosks.
(V) In the coastal zone, the preferred retail sales uses are those identified in the visitor serving
commercial land use designation which provide opportunities for visitor-oriented commercial
activities including specialty and beach related retail shops, restaurants, hotels, motels, theaters,
museums, and related services.
(W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall
be permitted without a conditional use permit.
(X) Outdoor dining with alcohol sales shall be permitted with a conditional use permit from the
Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall
be permitted without a conditional use permit. If over 400 square feet with no alcohol sales,
Neighborhood Notification shall be required pursuant to Chapter 241.
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(Y) Neighborhood Notification requirements pursuant to Chapter 241.
(Z) In the CV District, condominium-hotels and/or fractional interest hotels are allowed only at
the Pacific City(Downtown Specific Plan District 7) and Waterfront(Downtown Specific Plan
District 9) sites. Refer to Downtown Specific Plan.
(AA) Storage areas shall be screened from view on all sides by a solid wall made of either block,
masonry, wood, vinyl or other similar material. The wall shall not be less than six feet in height
and set back a minimum 10 feet from abutting streets with the entire setback area permanently
landscaped and maintained.
(BB) Storage areas shall be screened from view on all sides adjacent to a public right-of-way by
a solid wall made of either brick,block, masonry, wood, vinyl or other similar material. The wall
shall include a minimum ten foot return on all sides. The wall shall not be less than six feet in
height and set back a minimum 10 feet from abutting streets with the entire setback area
permanently landscaped and maintained.
(CC) Storage areas shall be screened from view on all sides adjacent to a public right-of-way by
a solid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall
include a minimum 10-foot return on all sides. The wall shall not be less than six feet in height
and set back a minimum 10 feet from abutting streets with the entire setback area permanently
landscaped and maintained. Screening on the remaining sides shall be evaluated based on
proposed site conditions as determined during the entitlement process.
SECTION 2.This ordinance shall become effective immediately 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of /N 024.
Crik__
Mayor
ATTEST: APPROVE S FORM:
1:5Qp if-p r i c�
inizZeiA4) a -(
City Clerk C. y Attorney
REV ED A PROVED: INITIATED AND APPROVED:
ity Manager Di ec f Community Development
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Ord. No. 4309
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 May 7,2024, and was again read to said City Council
at a Regular meeting thereof held on May 21,2024, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick
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 Orange County Register on May 30,2024. � / �����
In accordance with the City Charter of said City. „lf-4.7
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
Senior De u Ci Clerk of the City Council of the City
of Huntington Beach, California