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HomeMy WebLinkAboutApprove Zoning Text Amendment No. 25-001 (Smoke/Tobacco Shop $\.VGT0J 2000 Main Street, r;3„, „.1;,, s, Huntington Beach,CA '" n' of Huntin ton Beach 92648 City g APPROVED FOR ADOPTION --,CUUN7V r File#: 25-277 MEETING DATE: 4/15/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, City Manager VIA: Jennifer Villasenor, Director of Community Development PREPARED BY: Joanna Cortez, Principal Planner Subject: Approve Zoning Text Amendment No. 25-001 (Smoke/Tobacco Shop Regulations) by Adopting Ordinance Nos. 4331, 4332, 4333, and 4334 -All Ordinances Approved for Introduction April 1, 2025 by a Vote of 7-0 Statement of Issue: Transmitted for City Council's consideration is Zoning Text Amendment (ZTA) No. 25-001, a City Council initiated request to amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to introduce regulations for smoke/tobacco shops within the City. The request also includes an amendment to remove duplicate information within the zoning ordinance. The Planning Commission and staff recommend approval of the request. Financial Impact: Not Applicable Recommended Action: A) Find Zoning Text Amendment No. 25-001 exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density; and, _ - B) Approve Zoning Text Amendment No. 25-001 with findings (Attachment No. 1) and approve for adoption: 1. Ordinance No. 4331, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)"; (Attachment No. 2) 2. Ordinance No. 4334, "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. 25-001)"; (Attachment No. 3) City of Huntington Beach Page 1 of 3 Printed on 4/9/2026 powered by LegistarT" 63 File #: 25-277 MEETING DATE: 4/15/2025 3. Ordinance No. 4333, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 212 I Industrial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)"; (Attachment No. 4) 4. Ordinance No. 4332, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230 Site Standards of the Huntington Beach Zoning Code and Subdivision Ordinance (Zoning Text Amendment No. 25-001)"; (Attachment No. 5) Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: ZTA No. 25-001 represents a request to amend and update certain sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to define and add regulations for smoke/tobacco shops within the City. In addition to the proposed regulations, this ZTA also: includes an amendment, unrelated to smoke/tobacco shops, to remove duplicative text within the HBZSO. B. BACKGROUND: To reduce illegal sales of tobacco products to minors, California has passed policies to further regulate the sale of tobacco in the retail environment. Many jurisdictions have passed additional . policies to implement state laws and regulations including restrictions on what retailers can and cannot sell and where retailers can be located in order to counter efforts to attract new (younger) customers. To prevent the proliferation and cluster of smoke or tobacco retailers, especially near youth populated areas, on September 3, 2024, the City Council directed staff (Attachment No: 6) to draft the necessary amendments to the HBZSO to define and add regulations for- smoke/tobacco shops within the City. C. PLANNING COMMISSION MEETING AND RECOMMENDATION: On February 11, 2025, the Planning Commission held a public hearing on the ZTA. There was one speaker/comment in support of the item (Attachment No. 8). The Planning Commission recommended approval of the request to the City Council with the following modifications: • Chapter 211: The new provision letter in the land use table was amended from letter "P" to letter"DD" • Chapter 230: The minimum distance requirement from smoke/tobacco shops to youth- populated areas and between smoke/tobacco shops was modified from 500 feet to 1,000 feet. Planning Commission Action on February 11, 2025: A motion was made by Thienes, seconded by Goldberg, to recommend to the City Council approval of ZTA No. 25-001 carried by the following vote: .. AYES: Thienes, Goldberg, Pellman, Wood, Bush, Babineau, McGee NOES: None ABSTAIN: None - City of Huntington Beach Page 2 of 3 Printed on 4/9/2025 powered by Legistar m 64 File#: 25-277 MEETING DATE: 4/15/2025 ABSENT: None MOTION PASSED D. STAFF ANALYSIS: The February 11, 2025, Planning Commission staff report provides a more detailed description and analysis of the proposed ZTA (Attachment No. 7). In summary, staff and the Planning Commission recommend approval of ZTA No. 25-001 based on the following reasons: 1. It addresses a community need to prevent the proliferation and cluster of smoke/tobacco retailers, especially near youth-populated areas; 2. Cleans up the HBZSO to improve clarity; and 3. Is consistent with General Plan goals and policies. Environmental Status: ZTA No. 25-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density Strategic Plan Goal: Non Applicable -Administrative Item Attachment(s):' 1. Suggested Findings of Approval -ZTA 25-001 2. HBZSO Chapter 204 (Use Classifications) Draft Ordinance No. 4331 and Legislative Draft 3. HBZSO Chapter 211 (C Commercial Districts) Draft Ordinance No. 4334 and Legislative Draft 4. HBZSO Chapter 212 (I Industrial Districts) Draft Ordinance No. 4333 and Legislative Draft. 5. HBZSO Chapter 230 (Site Standards) Draft Ordinance No. 4332 6.. City Council H-Item dated September 3, 2024 7. February 11, 2025, Planning Commission Staff Report 8. Supplemental Communication received and dated February 10, 2025 9. PowerPoint Presentation City of Huntington Beach Page 3 of 3 Printed on 4/9/2025 powered by LegistarTM 65 ATTACHMENT NO. 1 • SUGGESTED FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 25-001 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: Zoning Text Amendment (ZTA) No. 25-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. SUGGESTED FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 25-001: 1. Zoning Text Amendment No. 25-001 is to amend four chapters of the Huntington Beach Zoning and Subdivision Ordinance to primarily introduce regulations for smoke/tobacco shops. The chapters to be amended are Chapter 204 (Use Classifications), Chapter 211 (C Commercial Districts), and Chapter 230 (Site Standards). Chapter 212 (I Industrial Districts) is also being amended to remove duplicate text. The proposed zoning text amendment is consistent with the goals and policies of the City's General Plan including: Land Use Element: Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consist with the overall goals and needs of the community. Policy LU-1(D): Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-2(D): Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Goal LU-11: Commercial land uses provide goods and services to meet regional and local needs. The proposed ZTA will define and regulate smoke/tobacco retail shops in a manner that will ensure new shops are compatible with surrounding uses. The proposed regulations will limit this use to commercially zoned properties while prohibiting them in any primarily residentially zoned areas. Smoke/tobacco shops will maintain a 1,000-foot separation from sensitive uses, such as hospitals and youth-oriented areas, as well as other smoke/tobacco shops. These regulations will allow these types of commercial goods and services to operate in designated areas of the city while meeting the community's desire of limiting the overexposure of this use to young people. The proposed text cleanup will provide greater customer service as it will provide residents • and business owners a clear understanding of permitted uses within the industrial zone. 66 2. Zoning Text Amendment No. 25-001 is compatible with the uses authorized in, and the standards prescribed for the zoning district for which it is proposed because it primarily revises , the processing of an existing use and clarifies a section of the HBZSO. The revisions that have been added or clarified will not change the character of the base zoning district and the uses authorized therein. 3. A community need is demonstrated for the changes proposed because there is a constant community desire to ensure compatibility of uses between different zoning areas and ensure the HBZSO is clear, current, and proactive with conflicts in the code. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because ZTA No. 25-001 ensures the HBZSO is clear, current, and proactive with conflicts in the code, and reflective of the City's ongoing effort to improve customer service. • 67 1' ORDINANCE NO. 4331 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204 USE CLASSIFICATIONS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 25-001) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 25-001, which amends Chapter 204 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 204 of the Huntington Beach Zoning Code is hereby amended to read as follows: 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. 25-15852/37222 1 ORDINANCE NO. 4331 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 café having more than four coin-operated game machines; 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. I. 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. 25-15852/372222 2 ORDINANCE NO. 4331 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-through. 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/Dancing. 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. 25-15852/372222 3 ORDINANCE NO. 4331 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, nonsurgical 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 Chapter 5.24. 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), and smoke or tobacco shops as regulated by Section 230.54. 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. 25-15852/372222 4 ORDINANCE NO. 4331 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 Parking Facility. 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. 25-15852/372222 5 ORDINANCE NO. 4331 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. 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 1351(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. 25-15852/372222 6 ORDINANCE NO. 4331 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. H. 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. • 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. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of April , 2025. Mayor ATT S : APPROVED AST FORM: Klee- Ci Clerk Ci Attorney 25-15852/372222 7 ORDINANCE NO.4331 REVIEWED AND APPROVED: INITIATED AND APPROVED: /- t ity Manager Direct of Community Development ( • 25-15852/372222 8 Ord. No. 4331 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, LISA LANE BARNES, 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 April 1,2025, and was again read to said City Council at a Regular meeting thereof held on April 15,2025, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Twining, Kennedy, McKeon,Bums, Van Der Mark, Gruel, Williams NOES: None ABSENT: None ABSTAIN: None I,Lisa Lane Barnes,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 t the Huntington Beach Wave on April 24,2025. Li *Mr' - In accordance with the City Charter of said City. "" Lisaa Lane Barnes, City Clerk City Clerk and ex-officio Clerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California 02/ /1/D. Z/35/ LEGISLATIVE DRAFT HBZC CHAPTER 204 Chapter 204 204.10 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 café having more than four coin-operated game machines; 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. I. 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-through. 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/Dancing. 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,nonsurgical 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 Chapter 5.24. 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):, smoke or tobacco shops as regulated by Section 230.54. 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 Parking Facility. 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. 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 1351(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. ORDINANCE NO. 4334 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. 25-001) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 25-001, 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 25-15852/368549 1 ORDINANCE NO. 4334 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 25-15852/368549 2 ORDINANCE NO.4334 CO CG CV Additional Provisions Animal Boarding - ZA - Animal Grooming - P - Animal Hospitals - ZA - Animals—Retail Sales - P - Equestrian Centers(CG Zone) - PC - (S) Pet Cemetery - PC - Artists' Studios P P P Banks and Savings&Loans P P P With Drive-Up Service P P P Building Materials and Services - P - Catering Services P P P Commercial Filming P P P (F) Commercial Recreation and Entertainment - PC PC (D) Communication Facilities L-13 L-13 L-13 Eating and Drinking Establishments 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)(DD) 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 - 25-15852/368549 3 ORDINANCE NO. 4334 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 Trade Fairs - P - Nonconforming Uses (G)(J)(V) - 211.05. 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. 25-15852/368549 4 ORDINANCE NO.4334 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 200square 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. 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. 25-15852/368549 5 ORDINANCE NO. 4334 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, Gambling Chapter 9.32, Pool and Billiard Halls. E. See Section 230.32, Service Stations. F. See Section 241.20, Temporary Use Permits. G. See Chapter 236,Nonconforming Uses and Structures. H. Por 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, Dance Halls; Chapter 5.44, Entertainment Permits; and Chapter 5.70, Sex-Oriented 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. 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. 25-15852/368549 6 ORDINANCE NO. 4334 3. Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. O. 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. 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 25-15852/368549 7 ORDINANCE NO. 4334 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. DD. See Section 230.54, Smoke or Tobacco Shops. SECTION 2. All other provisions of this Chapter 211 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of April , 2025. • /sZfe.--11:;.0- 32 Mayor ATT S. . AP ROVED AS TO FORM: • • r r rr Ci Clerk City Attorney REVIEWED AND APPROVED: - INITIATED AND APPROVED: amity Manager D' ect r of Community Development 25-15852/368549 8 Ord. No. 4334 STATE OF CALIFORNIA ) COUNTY OF.ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, LISA LANE BARNES,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 April 1,2025, and was again read to said City Council at a Regular meeting thereof held on April 15,2025, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City • Council. AYES: Twining, Kennedy,McKeon, Burns, Van Der Mark, Gruel, Williams NOES: None ABSENT: None ABSTAIN: None I,Lisa Lane Barnes,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 April 24,2025. Yj '1� �4 _ In accordance with the City Charter of said City. CC'°'`C�'r' (1 - Lisa Lane Barnes, City Clerk City Clerk and ex-officio Clerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California 0)4 A6 133Ll LEGISLATIVE DRAFT HBZC CHAPTER 211 Chapter 211 211.04 CO, CG, and CV Districts— Land Use Controls In the following schedules, letter designations are used as follows: "P"designates use classifications permitted in the Industrial Districts. "L"designates use classifications subject to certain limitations prescribed by the"Additional Provisions"which 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 by the Zoning Administrator. "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"refers to 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 requirements following the schedule or located elsewhere in this zoning code. Where letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use classifications under the heading. IG,IL, and RT 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)MR) Ambulance Services - ZA - Animal Sales&Services L-16 Animal Boarding - ZA - Animal Grooming - P - Animal Hospitals - ZA - Animals—Retail Sales - P - Equestrian Centers(CG Zone) - PC - (S) Pet Cemetery - PC - Artists' Studios P P P Banks and Savings&Loans. P P P With Drive-Up Service P P P Building Materials and Services - P - Catering Services P P P Commercial Filming P P P (F) Commercial Recreation and Entertainment - PC PC (D) Communication Facilities L-13 L-13 L-13 Eating and Drinking Establishments 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) CO CG CV Additional Provisions 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)(DD) 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) Recreational Vehicles - ZA - CC Vehicle Storage, ( ) Offices for Vehicle Equip. Sales&Rentals L-15 L-15 - 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 - CO CG CV Additional Provisions 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) 211.05 CO, CG, and CV Districts—Additional Provision 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. 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 200square 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. 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, Gambling Chapter 9.32, Pool and Billiard Halls. 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, Dance Halls; Chapter 5.44, Entertainment Permits; and Chapter 5.70, Sex-Oriented 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. 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. O. 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. 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. DD. See Section 230.54, Smoke or Tobacco Shops ORDINANCE NO. 4333 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 212 I INDUSTRIAL DISTRICTS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 25-001) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 25-001, which amends Chapter 212 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 IA each does hereby ordain as follows: • SECTION 1. That Chapter 212 of the Huntington Beach Zoning Code is hereby amended to read as follows: 212.04 IG, IL, and RT 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 • 25-15852/368430 1 ORDINANCE NO. 4333 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. IG, IL, and RT 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 Additional IG IL RT Provisions Residential Group Residential ,PC PC PC (I) Public and Semipublic (A)(L) Community and Human Service Facilities P P ' P (K) Day Care, General ZA ZA ZA Heliports PC PC PC (N) Maintenance & Service Facilities ZA ZA ZA Public Safety Facilities P P P Religious Assembly , ZA ZA ZA Schools, Public or Private L-6 L-6 L-6 Utilities, Major PC PC PC Utilities, Minor L-7 L-7 L-7 (0) Commercial Uses (D)(L) Ambulance Services ZA ZA ZA Animal Sales and Services Animal Boarding ZA ZA ZA Animal Hospitals ZA ZA ZA Artists' Studios P P P Banks and Savings and Loans L-1 L-1 LA Building Materials and Services P P P Catering Services - P P 25-15852/368430 2 ORDINANCE NO. 4333 Additional IG IL RT Provisions Commercial Filming ZA ZA ZA Commercial Recreation and Entertainment L-2 L-2 PC Communication Facilities L-12 L-12 L-12 Eating &Drinking Establishments L-2 L-2 L-2 w/Live Entertainment ZA ZA ZA (R) w/Alcohol ZA ZA ZA Food&Beverage Sales ZA ZA ZA Hospitals and Medical Clinics - PC PC Laboratories P P P Maintenance&Repair Services P P P Marine Sales and Services P P P Nurseries P P P Offices, Business &Professional L-10 L-10 L-10 (C) Personal Enrichment L-9 L-9 L-9 Personal Services L-1 L-1 L-1 Quasi-Residential PC PC PC (J) Research&Development Services P P P Sex-Oriented Businesses (regulated by Ch. L-1 1 L-11 5.70) L-11 Sex-Oriented Businesses (regulated by Ch. PC PC (Q) ' 5.60) PC Swap Meets, Indoor/Flea Markets PC PC PC (P) Vehicle/Equipment Sales & Services Service Stations L-4 L-4 L-4 Vehicle/Equipment Repair P P P Vehicle/Equipment Sales/Rentals L-5 L-5 L-5 Vehicle Storage, Impound Yards PC PC PC (T) Vehicle Storage, Off-Site Auto Dealers P/ZA P/ZA P/ZA (H)(U)(W) Vehicle Storage, Recreational Vehicles P/ZA P/ZA P/ZA (H)(V) j Visitor Accommodations ZA ZA ZA Warehouse and Sales Outlets L-8 L-8 L-8 Industrial (See Chapter 204) (B)(L)(M) Industry, Custom P P P Industry, General P P , P Industry, Limited P P P Industry, R&D ,P P P Wholesaling, Distribution& Storage 150,000 square feet or less P P P Greater than 150,000 square feet P P ZA RT Flex Space - - P 25-15852/368430 3 OR DINANCE NO. 4333 Additional IG IL RT Provisions Alcoholic Beverage Manufacturing P P P (L-13) Accessory Uses Accessory Uses and Structures P/U P/U P/U (C) Temporary Uses Commercial Filming, Limited P P P (S) Real Estate Sales P •P P Trade Fairs P P P (E) • Nonconforming Uses (F) SECTION 2. All other provisions of Chapter 212 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of April , 2025. Mayor ATT S . APPROVED AS TO FORM: • UCL-- U- Ci Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager re or of Community Development 25-15852/368430 4 Ord. No. 4333 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, LISA LANE BARNES,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 April 1,2025 and was again read to said City Council at a Regular meeting thereof held on April 15,2025, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Twining, Kennedy,McKeon, Burns, Van Der Mark, Gruel, Williams NOES: None ABSENT: None ABSTAIN: None I,Lisa Lane Barnes,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 April 24,2025. • _ Awe._In accordance with the City Charter of said City. Lisa Lane Barnes, City Clerk City Clerk and ex-officio Clerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Ord . A/v. y333 LEGISLATIVE DRAFT HBZC CHAPTER 212 Chapter 212 212.04 IG, IL, and RT Districts— Land Use Controls In the following schedules, letter designations are used as follows: "P"designates use classifications permitted in the Industrial Districts. "L" designates use classifications subject to certain limitations prescribed by the"Additional Provisions"which 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 by the Zoning Administrator. "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"refers to 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 requirements following the schedule or located elsewhere in this zoning code. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. IG, IL, and RT 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 Additional IG IL RT Provisions Residential Group Residential PC PC PC (I) Public and Semipublic (A)(L) Community and Human Service Facilities P P P (K) Day Care, General ZA ZA ZA Heliports PC PC PC P (N) Maintenance& Service Facilities ZA ZA ZA Public Safety Facilities P P P Religious Assembly ZA ZA ZA Schools, Public or Private L-6 L-6 L-6 Utilities, Major PC PC PC Utilities, Minor L-7 L-7 L-7 (0) Commercial Uses (D)(L) Ambulance Services ZA ZA ZA Animal Sales and Services Animal Boarding ZA ZA ZA Animal Hospitals ZA ZA ZA Artists' Studios P P P Banks and Savings and Loans L-1 L-1 LA Building Materials and Services P P P Catering Services - P P Commercial Filming ZA ZA ZA Commercial Recreation and Entertainment L-2 L-2 PC Communication Facilities L-12 L-12 L-12 Eating &Drinking Establishments L-2 L-2 L-2 w/Live Entertainment ZA ZA ZA (R) w/Alcohol ZA ZA ZA Food&Beverage Sales ZA ZA ZA Hospitals and Medical Clinics - PC PC Laboratories P P P Maintenance & Repair Services P P P Marine Sales and Services P P P Nurseries P P P Offices, Business &Professional L-10 L-10 L-10 (C) Personal Enrichment L-9 L-9 L-9 Personal Services L-1 L-1 L-1 Quasi-Residential PC PC PC (J) Research& Development Services P P P Additional IG IL RT Provisions Sex-Oriented Businesses (regulated by Ch. L-11 L-11 5.70) L-11 Sex-Oriented Businesses (regulated by Ch. PC PC (Q) 5.60) PC Swap Meets, Indoor/Flea Markets PC PC PC (P) Vehicle/Equipment Sales & Services Service Stations L-4 L-4 L-4 Vehicle/Equipment Repair P P P Vehicle/Equipment Sales/Rentals L-5 L-5 L-5 Vehicle Storage, Impound Yards PC PC PC (T) Vehicle Storage, Off-Site Auto Dealers P/ZA P/ZA P/ZA (H)(U)(W) Vehicle Storage,Recreational Vehicles P/ZA P/ZA P/ZA (H)(V) Visitor Accommodations ZA ZA ZA Warehouse and Sales Outlets L-8 L-8 L-8 Industrial (See Chapter 204) (B)(L)(M) Industry, Custom P P P Industry, General P P P Industry, Limited P P P Industry, R&D P P P Wholesaling, Distribution& Storage 150,000 square feet or less P P P Greater than 150,000 square feet P P ZA RT Flex Space - - P Alcoholic Beverage Manufacturing P P P (L-13) Accessory Uses Accessory Uses and Structures P/U P/U P/U (C) Temporary Uses Commercial Filming, Limited P P P (S) Real Estate Sales P P P Trade Fairs P P P (E) Nonconforming Uses (F) T 1 O 1 11 1 l " "t' 1 t b +1, 7 imixe4-use-prejec-4-subjeet-te-the-fellewing-r-equifements: A. Minimum site area: three acres. awn momi 1st e 35% ..f the s flo na 50%o t e u f IlU 11VV1 area ofbuildir. .. f;.o«tiv, arte .,l h ghs ay. C. Phased development: 25%of the initial phase must be designed for industrial o > eats „ r 500 000 � e foot tb,e in ti l phase m ,st: clu a five pe e..t is greater. T 2 P tt d 1 he« .lesig„ed an.l o ereted for principal a by a loyees of tb,e �-z.�cnrrrccva-vrrr��r:crr-ac�r�nv �...�....�.,. t..,.....t.». ».,.. ..� .,:::t,..,�.,.,.. .,� ,w... L 3 Reserved. L A Onl„ f;,el: statio offer o e ril, nted to bu esses located, L-5-14e-iew orccsed aut ile truck o otorc ycle retail sales a rmitte,l al b y the Plan ing Commission Ne elementar„ o ondar„ schools are permitted: T '7 cy Decli g o rations e e r.ti.itted :fmore than 150 feet fre D D f Adm:n strator See Section 230 nn Recycling Operations 0 0 L 9 Permitted if the space is 5,000 square feet or less; allowed by conditional use permit from the o A d strato :f the r c nnn e feet are_ 0 limited to 3004 of the floor a f the pr:mar„ , 7 A dm strati orted by rking demand; st„dy fo all e site Medieglidental-effiees> > > a:te lea ing of cea of p rm;tte.a : tI d ustr:al D str ct L 11 Allowed subject to the following requirements: A. A proposed sex oriented business shall be at least 500 feet from any residential use, school, park and recreational facility, or any building used for religious assembly (collectively re€erred-t „sitive ") and at least 75-0 feet from another sex oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed sex oriented business to the lot line of the sensitive use or the other sex oriented business. The term"residential use" means any property zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan. To determine such distances the applicant shall submit for review a straight line drawing business is proposed which includes all the proposed parking and: 1. The lot line of any other sex oriented business within 750 feet of the lot line of the proposed sex oriented business; and 2 Tl, 1 t l buildin., , ed f r religious ., „-,bl„ school .,rk and . o iivi�', .�viavvi, yr yuii�uuu recreational facility within 500 feet of the lot line of the proposed sex oriented business; and 3. The lot line of any parcel of land zoned RL, RM, RMH, RH, and RMP and any parcels of land with equivalent designations under any specific plans within 500 feet of the lot line of the proposed sex oriented business. u Th 4 t l th ;l 1. „ ; sh,ll not be visible from any major, primary or secondary arterial street as designated by the circulation clement of the General Plan adopted May 1996, with the exception of Argosy Drive. C. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building, the applicant shall submit application for Community n t t De rtm „t staff« f „ted b„si ess it, th the drawing described in subsection A, a technical site plan, floor plans and building elevations, �ication f . W th; 1 n .1., of s ,b,„iUa the Di ect� shall .tote ---inn if the a-comp 1 d l ti „;thi 1 0 day ,ys of receipt of., „leted application, the Director shall determine if the application complies with the applicable development and performance standards of the Huntington Beach Zoning and Subdivision OOrdinane . C •.l t ,1 a 1 d h t limited to the f flowing. 1. Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site T .l T o ents ra Chapter 236, None_ r, g T Tso nd Str, ctu e 7 C t' 233 � n 0 B-) Si a S a aae shall of ni to the standards of the Huntington Beach Zoning and Subdivision Ordinance except: a. Such signs shall contain no suggestive or graphic language, photographs, :lh , ette al« stat„ „ta n r�n'h• Rn' en7 rN 7 th • + t' T h th lothed clotheaa�.......7 • cl„al•.,, • ,.tho„t vtncrgiuprricicpicJcncuciv"ia =drnccncrc=vcric�vrciii .., :...,.........b:............ rtation representations that depict"speci ed anatomical areas"or"spe ified sexual activities"; and b. Only the smallest of the signs permitted under Section 233.08(B) shall be hl � _, a; p r e n nary arte al str et „ch streets shall he th d nated the a „lat;on element efthe General Play, aEaopteal Ma„ 1996,with the exception of Argosy Drive. Complia ee with Huntington Beach Municipal Code Chapter c 7n D -14,1e-Difeeter-shall-gfant-Of-Eleay-the-applieatien-fer-a-se-x-efiented-business-zening gfa„tin r de al o f a rmit a pl: ation the eb„ itting the rplicaat to obta pt judicial« e rk g d r to „bmittal of a pl: atio„ nteal bu „ess zening-Pe«mit f ff sta «ee„Tthe pli ,,,thll (1)sa . a otic e f the „l: atio„ to be „teal : of general a „lation; a„al (2) g ailed , otice Af the a l catio e e , > ; «,a (3)the Cit„ f Huntington Beach 7Department of Communit„ Development b„f st 1. Name of applicant; 7 T A atio of r e.a ..,te.i b.,, al„,ling street adds n ( f k n) Z AT t, f th .,te.a h„ clud .,, he ,ht an are footagefth oe at dl ee„eg e nt;� /1. The City Hall telephone number for the Department of Community Development to-salt-for-viewing-plans; 5. Th .ante h, „h:ah entn st be ed in writing b„the De art»,ent C t. Des elopment. Ts This date si al l be 1!1, orkiigdays-rom taff rev subfflittaland, 6. The adds of the De artm nt of Cg .+ity De elg ment V. e e ia.an. e„ted b„s:ness m t o ply f r a variance pursuant to Chapter 2]1 nor a speeial-sign-pefmit-pufsuant-te-Ghapter-2-3-37 G. A sex oriented business zoning permit shall become null and void one year after its date of approval unless: 1. Construction has commenced or a certificate of occupancy has been issued, whichever comes first; or 2. The use is established. H. The validity of a sex oriented business zoning permit shall not be affected by changes the Director of the transfer. I. A sex oriented business zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. L 12 For wireless communication facilities see Section 230.96-, Wireless Communication Facilities. All other communication facilities permitted. L 13 Alcoholic Beverage Manufacturing Requirements. service are permitted. 2. A maximum 1,000 square feet of indoor and/or outdoor eating and drinking area per Notification pursuant to Chapter 211. 3. Indoor and/or outdoor eating and drinking areas greater than 1,000 square feet per business shall require a conditional use permit by the Zoning Administrator. (A) Repealed. (B) n nditi„ a o o it f om the Z„ n a.,, strat ea YY UJtr Vl enlargement exist g � exto alto nti �a add tiA s stinger 7 ^ no substantial change in the character of the use which would affect adjacent residential property in an R District. paskin,. for all ntained„ sip (D) T I ,1 I Di t« „t, nl, o a cl„rling busino n,1 „fo .,l effiee _ne t t ,1 25 f t1, fl o fihe n nd„strial e, i allowed._ith :. to serve employees of the industrial use, no exterior signs advertise the adjunct use, the adjunct use is physically separated from the primary industrial use, and the primary industrial fronts on an arterial. (F) See Chapter 236,Nonconforming Uses and Structures. (G) Reserved. (H) 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. (I) Limited to facilities serving workers employed on site. (J) Limited to single room occupancy uses. (See Section 230.46.) (K) Limited to emergency shelters. (See Section 230.52, Emergency Shelters.) (L) Development of vacant land and/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). (M) ra td t' e e naitio at pe it n nl by the Ply M J t ide eYo ratio eludety, nao ,snrdr r,a e util: .,g me the y ene- third f'the site for outdoor a ration rnT) C Q do 230 ran Helicopter Takeofff an T n,,. ing Wrens (0) See Section 230.4 4, Recycling Operations. (n) c centio 23n 50 Indoor cwap Meets/Flan M rkets ( ) S'ee r l 1(n) relating t ecati n l stricti ns l liu ua ay.._v__v. ntertn nt greater thaii✓00 3 f�et fro i ential e tiii L. ll b itt .a ithout n n.aition l rmi� Ne:ghborho d Notification re ..,....__ .,� Yam.____..._» ..____..�_ �^�----"-""- _'_-_ r__-- __ - _.o i _ ia�u� requirements when no entitlement required pursuant to Chapter 21 1. (S) Subject to approval by the Police Department, Public Works Department, and Firc Department and the Community Development Director. (T) In all districts, storage areas shall be screened from view o„ "11 sides by a solid wa1l 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 arpermanently l f,1scarea ara m „tained public right of way by a solid wall made of either brick, block, masonry, wood, vinyl or 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. (V) In all districts, storage area "hall 13e ev ed from all sides add ,cent t„ a public right of way by a solid wall made of either block, masonry, wood, vinyl or other shall not be less than six feet in height and set back a minimum 10 feet from abutting streets remaining sides shall be evaluated based on proposed site conditions as determined during the entitlement process. (W) Auto storage uses on public agency owned property shall be permitted by right ..t to s„1.m tt.,l of a Parking Aron Plan Soo Sectio 721 26 ORDINANCE NO. 4332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 SITE STANDARDS OF THE HUNTINGTON BEACH ZONING CODE AND SUBDIVISION ORDINANCE BY ADDING NEW SECTION 230.54 ENTITLED "SMOKE OR TOBACCO SHOPS" (ZONING TEXT AMENDMENT NO. 25-001) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 25-001, which amends Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance involving Citywide site standards; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented,the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to add new Section 230.54 Entitled "Smoke and Tobacco Shops"to read as follows: 230.54 SMOKE OR TOBACCO SHOPS APPLICABILITY. This section applies to all smoke or tobacco shops permitted within this Zoning and Subdivision Ordinance and for all applicable areas located within specific plans, subject to the following requirements: A. Definitions. • Smoke or Tobacco Shop. Any premises dedicated to the display, sale, distribution, delivery, or offering of tobacco,tobacco products, or tobacco paraphernalia, except grocery stores, supermarkets, convenience stores, or similar uses that only sell conventional cigars, cigarettes, e-cigarettes or tobacco as an accessory tobacco sale use. "Accessory tobacco sale use" means an accessory use at a grocery store, supermarket, convenience store, or similar primary use, where no more than ten percent(10%) of a business' floor area is devoted to sales, display, and storage of conventional cigars, cigarettes, e-cigarettes or tobacco. Tobacco paraphernalia. Cigarette papers or wrappers,pipes,holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products. ORDINANCE NO. 4332 Tobacco product. Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars,pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. Youth-populated area. A parcel in the City that is: 1. Occupied by a private or public kindergarten, elementary, middle,junior high, or high school; 2. Occupied by a licensed child-care facility or preschool as defined in California Health and Safety Code Section 1596.78; 3. Occupied by a library open to the public; 4. Occupied by a playground open to the public; 5. Occupied by a youth center; • 6. Occupied by a recreational facility open to the public; or 7. Occupied by a park open to the public. B. Minimum Standards. Other Regulations. Compliance with all other state and federal laws regulating smoke or tobacco shops. Residential Zone. Smoke or tobacco shops shall not be permitted in any locations zoned exclusively for residential uses. Adjacent Uses.No smoke or tobacco shop shall be located within 1,000 feet of a hospital or youth-populated area. The distance requirement shall be measured by a straight line from the nearest point of the property line of the site of a youth-populated area to the nearest point of the property line of the site of the applicant's business premises. Concentration of Uses. No smoke or tobacco shop shall be located within 1,000 feet of another smoke or tobacco shop. The distance requirement shall be measured by a straight line from the property lines of each use. No Smoking on Premises. No smoking shall be permitted on the premises at any time. Windows and Lighting. No more than 20% of the visible area of a window shall be obscured and adequate interior lighting levels shall be maintained during business hours to maintain clear visibility of tobacco shop operations from the exterior of the tenant space. 2 25-15852/368428 ORDINANCE NO. 4332 Signage. Smoke or tobacco shops shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to the smoke or tobacco shop. It shall be unlawful for a smoke shop and tobacco store to fail to display and maintain, or fail to cause to be displayed or maintained, such signage. Nonconforming Retailers. Existing smoke or tobacco shops that do not comply with this chapter may remain on site after the effective date of the ordinance and shall not be resumed, reestablished, or reopened after it has been abandoned, discontinued or changed to a conforming use. See Chapter 236,Nonconforming Uses and Structures. SECTION 2. All other provisions of Chapter 230 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of April , 2025. • ,:•04—tied Mayor AT S . # APPROVED AS TO FORM: X11/1t6 Ci . Clerk City Attorney �✓ REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager Dire tor f Community Development 3 25-15852/368428 • Ord. No. 4332 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, LISA LANE BARNES,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 April 1,2025, and was again read to said City Council at a Regular meeting thereof held on April 15,2025, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Twining, Kennedy,McKeon, Burns,Van Der Mark, Gruel, Williams NOES: None ABSENT: None ABSTAIN: None I,Lisa Lane Barnes,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 April 24,2025. 09 We- In accordance with the City Charter of said City. : ?a r= ' Lisa Lane Barnes.. Ci, ty Clerk City Clerk'auId ex-officio Clerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California � \\ONGi ,,o� i;;;Z:'c L IT Y OF 'SU ial��t��YB"- 4,s 0 i HUNTINGTON BEACH 'City Council Meeting - Council Member Items Report To: City Council From: ' Casey McKeon, Council Member Date: September 3, 2024 Subject: Establish Tobacco Retailer Regulations ISSUE STATEMENT Tobacco use is the most preventable cause of disease,disability, and death in the United States; nearly one in five deaths in the U.S. can be attributed to cigarette smoking. Statistics show that tobacco product use is started and established primarily during adolescence. In 2023, 10 percent of middle and high school students reported current. tobacco product use. E-cigarettes remained the most used tobacco product among youths. Among middle school and high school students who currently use e-cigarettes, 25.2 percent used e-cigarettes daily, and 89.4 percent used flavored e-cigarettes. The density of tobacco retailers, particularly in neighborhoods surrounding schools, has been associated with increased youth smoking rates. Studies further show that 41 percent of U.S. teens lived within .5 mile of a tobacco retailer and 44 percent attended schools within 1,000 feet of a tobacco retailer. Frequent exposure to tobacco retail displays has also been associated with increased smoking initiation among youth and negative impact on tobacco quit attempts. To reduce illegal sales of tobacco products to minors, California has recently passed policies to further regulate the sale of tobacco in the retail environment. Many cities and counties have passed additional policies to implement state laws and regulations.Some jurisdictions have placed restrictions on what retailers can and cannot sell and where retailers can be located in order to counter efforts to attract new (younger) customers. Several residents have reached out to me expressing concern over the proliferation and cluster of tobacco retailers, especially near youth populated areas. - The Huntington Beach Zoning and Subdivision Ordinance (HBZSO) does not explicitly identify tobacco retailers (including smoke or tobacco shops) within the land use tables in the City's zoning districts; therefore, these uses may be permitted as general retail uses which are allowed by right. In light of the above statistics, the City should adopt an ordinance to regulate these uses by: • Defining the uses to be regulated o Define "tobacco retailers" o Define "tobacco product or paraphernalia" o Define"youth-populated area" 2000 Main Street,Huntington Beach,CA 92648 I www.huntingtonbeachca.gov 114 • Establishing minimum zoning standards for the land uses o Prohibit new tobacco retailers at any location exclusively zoned for residential use o Prohibit new tobacco retailers within a certain distance of youth-populated areas, including schools o Establishing minimum distance requirements between tobacco retailers RECOMMENDED ACTION Direct the City Manager to work with the City Attorney to prepare an Ordinance for introduction at a future City Council Meeting to amend the HBZSO to establish regulations for tobacco retailers Citywide. ENVIRONMENTAL STATUS This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations,Title 14, Chapter 3, because it has not potential for resulting in physical change to the environment, directly or indirectly. STRATEGIC PLAN GOAL Non Applicable -Administrative Item 2000 Main Street,Huntington Beach,CA 92648 I www.huntingtonbeachca.gov 115 PLANNING COMMISSION STAFF REPORT TO: Planning Commission FROM: Jennifer Villasenor, Director of Community Development BY: Joanna Cortez, Principal Planner SUBJECT: ZONING TEXT AMENDMENT NO. 25-001 (SMOKE/TOBACCO SHOP REGULATIONS) REQUEST: To amend four chapters of the Huntington Beach Zoning and Subdivision Ordinance to primarily introduce regulations for smoke/tobacco shops. The chapters to be amended are Chapter 204 (Use Classifications), Chapter 211 (C Commercial Districts), and Chapter 230 (Site Standards). Chapter 212 (I Industrial Districts) is also being amended to remove duplicate text. LOCATION: Citywide APPLICANT: City of Huntington Beach PROPERTY OWNER: Various RECOMMENDATION: That the Planning Commission take the following actions: A) Find the project exempt from additional environmental review pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. B) Recommend approval of Zoning Text Amendment (ZTA) No. 25-001 to the City Council with suggested findings (Attachment No. 1). ALTERNATIVE ACTION(S): A) Recommend denial of Zoning Text Amendment No. 25-001 with findings for denial; or B) Continue Zoning Text Amendment No. 25-001 and direct staff accordingly. PROJECT PROPOSAL: 116 Background: To reduce illegal sales of tobacco products to minors, California has passed policies to further regulate the sale of tobacco in the retail environment. Many cities and counties have passed additional policies to implement state laws and regulations. Some jurisdictions have placed restrictions on what retailers can and cannot sell and where retailers can be located in order to counter efforts to attract new (younger) customers. In an effort to prevent the proliferation and cluster of smoke or tobacco retailers, especially near youth populated areas, the City Council directed staff(Attachment No. 6)to draft the necessary amendments to the HBZSO to define and add regulations for smoke/tobacco shops within the City. ZTA No. 25-001 represents a request to amend and update certain sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to add regulations for these uses: • Chapter 204 (Use Classifications) • Chapter 211 (C Commercial Districts) • Chapter 230 (Site Standards) In addition to the proposed regulations, this ZTA also includes an amendment to Chapter 212 (I Industrial Districts) unrelated to smoke/tobacco shops. This portion of the ZTA will remove duplicative text within this chapter. Draft City Council ordinances with legislative drafts of the amendments to each chapter are provided (Attachment Nos. 2-5). In the legislative drafts, bold and underlined indicates new text; striae out indicates removal of text. ISSUES AND ANALYSIS: General Plan Conformance: The proposed zoning text amendment is consistent with the goals and policies of the City's General Plan including: Land Use Element: Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1(D): Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-2(D): Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. 117 Goal LU-11: Commercial land uses provide goods and services to meet regional and local needs. The proposed ZTA will define and regulate smoke/tobacco retail shops in a manner that will ensure new shops are compatible with surrounding uses. The proposed regulations will restrict smoke/tobacco shops to commercially zoned properties while prohibiting them in any primarily residentially zoned areas. Smoke/tobacco shops will be required to maintain a 500-foot separation from sensitive uses, such as hospitals and youth-oriented areas, as well as other smoke/tobacco shops. The proposed regulations will continue to allow tobacco/smoke shops to operate in designated areas of the city while meeting the community's desire of limiting the overexposure of this use to young people. The proposed amendment to Chapter 212 will removed duplicative text only and does not propose any changes to the land use controls or development standards of that chapter. Zoning Compliance: Zoning Text Amendment The following analysis provides a review of the proposed amendments in two sections consisting of an introduction of regulations for smoke/tobacco shops and minor language cleanup to delete duplicate information. A. Smoke/Tobacco Shops The HBZSO does not explicitly identify tobacco retailers (such as smoke/tobacco shops). - within the land use tables in the City's zoning districts; therefore, these uses may be permitted as general retail uses which are allowed by right, with no additional regulations. The proposed ordinance regulates smoke/tobacco shops by amending three sections of the HBZSO, as discussed below. Section 230.54 Smoke or Tobacco Shops In effort to address the issues raised by the City Council such as concerns with high concentrations of smoke/tobacco shops adjacent to residential and youth populated area, a new code section was added to Chapter 230 (Site Standards) to introduce standards for smoke/tobacco retail shops. These standards include: • Specifying the allowable locations/zones for shops (Commercial General and Commercial Visitor zones as well as applicable commercial areas within specific plans) • Prohibiting use in locations zoned exclusively for residential uses • 500-foot separation from youth-populated areas and sensitive uses (hospitals) • 500-foot separation between other smoke/tobacco businesses to minimize an overconcentration 118 • Defining items applicable to smoke/tobacco shops such as "tobacco paraphernalia", "tobacco product" and "youth-populated areas" • Prohibiting smoking on premise • Window and lighting standards for improved visibility • Additional signage prohibiting minors • Process for non-conforming shops These new standards will continue to permit smoke/tobacco shops with regulations that ensure these uses are limited to commercial zones, away from residentially zoned areas. The proposed distance requirements will guarantee adequate separation from areas used by children and between other smoke/tobacco shops. Limiting the proximity of smoke/tobacco shops to youth-populated areas and similar retailers are place-based strategies recommended by health advocates to limit youth exposure to tobacco products. The new definitions will provide guidance in identifying the allowable items that may be sold within smoke/tobacco shops. "Youth-populated areas" are also defined in this amendment to list the areas which' have a 500-foot distance requirement from smoke/tobacco shops. Some of these areas include all PreK-12 schools, child-care facilities, libraries, and parks. Windows and lighting standards have been added to ensure windows are not covered more than 20% and adequate lighting is available to see the interior of a store from the exterior. Clear signage will be required to be posted in these shops to prohibit unaccompanied minors from entering these businesses. Smoking on the premises is also prohibited with this amendment. Finally, non-conforming shops will be permitted to remain unless the smoke/tobacco shop changes use or is abandoned or discontinued for six months as described in Chapter 236 (Nonconforming Uses and Structures) of the HBZSO. Section 204.10 Use Classifications The use classification of Retail Sales has been amended to include a separate listing for smoke/tobacco shop for the purposes of identifying allowable land uses subject to the smoke/tobacco shop regulations proposed in this amendment. Section 211.04 CO, CG, and CV Districts—Land Use Controls The land use control table has been amended to reflect the areas where smoke/tobacco shops may be permitted subject to the new regulations. B. Language Clarification and Cleanup The following item is amended for cleanup purposes unrelated to smoke/tobacco shops. 119 Section 212.04 IG, IL, and RT Districts— Land Use Controls The provisions listed after the land use control table of this section of the HBZSO have been deleted as they already exist in the following section of the code, Section 212.05 Additional Provisions. Environmental Status: ZTA No. 25-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. Coastal Status: The proposed amendment will be forwarded to the California Coastal Commission as a minor Local Coastal Program Amendment for certification. Other Departments Concerns and Requirements: The proposed amendments to the City's existing ordinance were prepared with input from the City Attorney's Office and the Code Enforcement Division. Public Notification: Legal notice was published in the Huntington Beach Wave on Wednesday, January 22, 2025, and notices were sent to individuals/organizations requesting notification (Planning Division's Notification Matrix). In lieu of sending notices to all property owners within the City, a minimum 1/8 page advertisement was published. As of February 4, 2025, no communication regarding this request has been received. SUMMARY: Staff recommends that the Planning Commission recommend approval of Zoning Text Amendment No. 25-001 with suggested findings and forward to the City Council based on the following: • It addresses a community need to prevent the proliferation and cluster of smoke/tobacco retailers, especially near youth populated areas; • Cleans up the HBZSO to improve clarity; and • Consistent with General Plan goals and policies. ATTACHMENTS: 1. Suggested Findings of Approval ZTA No. 25 001 2. HBZSO Chapter 201 (Use Classifications) Draft Ordinance and Legislative Draft 3. HBZSO Chapter 211 (C Commercial Districts) Draft Ordinance and Legislative Dry 4. HBZSO Chapter 212 (I Industrial Districts) Draft Ordinance and Legislative Draft 5. HBZSO Chapter 230 (Site Standards) Draft Ordinance and Legislative Draft 6. City Council H Item dated September 3, 2021 7. PowerPoint Presentation 120 From: Amory Hanson To: M('nitP.J501 Subject: Supplemental Communication to Huntington Beach Planning Commission Date: Monday,February 10,2025 6:26:57 PM IYou don't often get email from amory.hanson2016@a gmail.com.I earn why this is important I would like to express my support for the tobacco regulations zoning text amendment. Sincerely Yours, Mr. Amory Hanson 121 CflN & 7ZONING0 Ilik 111111h, ZONING TEXT MI NI\ ���.... •• 4 �_.� l) .41. <Ps lik AMENDMENT C )RP0RATFNI re_____ ,_ _ _ 41%* ,-<•• 1.., ____. , -__ _ • -57 to, ___,..... .... , ,,,,,,,,,,,„,„, ,, ••• c--) 1, „,„, i ,, , „s,, , t s I/ N 0 , 25 _001 ___ 1 ____. / , _ : -x. lk ____ ___ • . _ __ _ ____ _. _____ _ _:__,__ __ ___ • —_ SMOKE/TOBACCO SHOPS+� , )iq - • 111%iiiii April 1 , 2025 ' . •• (4 * 07 ie•••, 7, 190g i 0,.. % .‘C 0 0 6.UNTN?„IOW t' j,I 122 1 l�� 0.CN b//, ` e . ,,-') .2 ! •, eJ 1 N . V 1 Z y �'i ,,,;,►►► =;1110 pelt r O 0 1 N— Qa) a)cO n w X Z N o CI - > _ CO .� � Wo (13 N CD v `. 0 " a) — Cw a) , C a) O ci ca N O 75 E ,(2 -O 8 a) a)8 a) a3 O , L- Qo co U " O a) N X m -0W -Ir a) � W FN �p O� a) C UN M CD -0 (l) -— en "0 (D a . . _. a) ,..„. CD -a 0 0- co O E E -� WNQ � . . . O IC . . . . PURPOSE & BACKGROUND • Cities and counties have passed additional policies to implement state laws and regulations regarding tobacco retailers • Many jurisdictions restrict: • What retailers may sell • Where retailers may be located • Counter efforts to attract new (younger) customers • HBZSO does not identify tobacco retailers (smoke/tobacco shops) • Permitted by right 4, , ':f ' S • City Council directed staff to draft standards to regulate these uses • a • � _ ' • a • * a ika _ � 24 SMOKE/TOBACCO SHOPS • Section 204. 10 Use Classifications • Retail Sales amended to include the definition of smoke/tobacco shop • Identify use • Establish what may be sold under use classification • Section 211 .04 CO, CG , and CV Districts - Land Use Controls • Land use control table amended to identify where smoke/tobacco shops may be permitted - - --- _ 1"L5 SMOKE/TOBACCO SHOPS CONT. • Section 230.54 Smoke/Tobacco Shops • Added standards to regulate newly defined Smoke/Tobacco Shops • Definitions • Lists items sold in shops • Defines youth-populated area • PreK-12 schools; child-care facilities, libraries; parks; youth centers (e.g. — Boys & Girls Club) • Location : • Limited to commercial zones; residential zones prohibited • Will continue to be allowed in zones where they are ; currently allowed F'QUNTN Oki" • 1 ,000-foot separation from hospitals and youth-populated 126 SMOKE/TOBACCO SHOPS CONT. • Section 230 .54 Smoke/Tobacco 'A"yuMi•' aii,;x 51: Shops NOTICE • Site Standards CHILDREN —_ UNDER 18 • Signage to prohibit minors p$p$f3 : . y(. tqq MUST BE 3 ! • srw m w 4 ti • Visible window area and aa...r'r'` .� � ACCOMPANIED BY A PARENT interior lighting , ,, ..; _ �. 4R LEGAL • GUARDIAN Smokingprohibited on premisE ....... .......... • Nonconforming Shops The Sale of Tobacco Products to Persons Under 21 Years • Permitted unless of Age Is Prohibited by Law and Subject to Penalties • changes use; cannot revert To Report an Unlawful Tobacco Sale Call back 1 -800-5 ASK-4-ID Valid Identification May Be Required p p '„: 'w"" """"""' • abandoned or discontinued 9usmoss and Professions Code Section 22952 21 11 S C 39710 r u[.a wle>,ad,W meraBcaoe ra aat t I ,a roursoomrommeemwasaaazr • This algn must be readable try the consumer and n at not be altered p .i�tr a:�nmtoll r i:��u �.ispta covered or obittorated In whole or in part Q r. trt sAe t 127 RECOMMENDATION • Planning Commission and Staff recommend approval of Zoning Text Amendment No. 25-001 based on the following : • Consistent with General Plan goals and policies. • Cleans up the HBZSO to improve clarity; • It addresses community need to prevent the proliferation and cluster of smoke/tobacco retailers, especially near youth populated areas Zy ai ~ _ OvNr4 cx,e;" 128 x . ./....... ., .:„.„.:,..:,..:::,.::,„„„,,,,„„„,„„,„,,,,,,,„......,,..„:.,„.....:,...:, ,,,.:„. ..:Q • ues ions . . .., .... .„.„..:E.,..,,..„,,,,,y,;,.......„,,„,„, ,,,,,,,,,,,,,,,,, , ,,_ . .„. . ., ..,,,.,.„4..„.....„:„:.....: , :. ... . . .... „.:.,...:.....„..,,::.„„„„„,„:„,,,,„„4„..„4„..,, .:,. ,..,.,. „,,,,„...,,,..„,,,:, . ,,....,,„:.,,„.„,,„„„„„„„,„,,„„„„,,,;,..„.„ ., . , . , ,,,„. ‘:31,,,,,.„,.T.,.%),Ifip#00-41#444t. --,,::---ie, .r 'Iv �. =' [� 4. .: ,..,..11-,..,7,-,i..,...,.,.,..,. .4. 4ti-t . 1 . toja4A1.4., ..-..,....---...---....-;. . ----,---- ,,,,,,,,, -,,,,,,,,....„,..„..?.....„....7.1.4.„, 7.....,1 i ....,....„ ......7,,,r.. ,,,,,,,,,,,,,„,..,.....f,,,,...,.......;...,..‘ : ,,.:,.;„,z ,,,,,4„.,,,, :,.,,,, ::,,,..,, ,, . ,.„., .,,,,,. , . .,..... 4 ,4 1,,, ,,,,,,,,,,,,,, ,,‘,,,,,.,..-2'-';',.',i e 1 44 q fit. : '1' ': ''. :'41...''' 171E-1:‘.:';i1:i: 60 €s 3 ram\` :1 .., , ../.;.;:q.,:,•,.-,...,,,:-.-;-.,t-Ir..,..,1-•••,-..1k4sirt;'2.4N,. •• 5 kt .f ' '\ ` syy"11y11 F K 129 Mr. Amory Hanson 8102 Ellis Avenue Apartment 121 Huntington Beach CA 92646 April 15, 2025 The Mayor Of Huntington Beach 2000 Main Street Huntington Beach CA 92648 My Dear Mister Mayor, I would like to express my support for Item XIV. Sincerely Yours, Mr.Amory Hanson CC:The Honorable Casey McKeon CC:The Honorable Andrew Gruel CC:The Honorable Donald C.Kennedy CC:The Honorable E.M.Twining CC:The Honorable Grace Vandermark CC:The Honorable Chad Williams SUPPLEMENTAL COMMUNICATION Meeting Date: 4/15/2025 Agenda Item No. 14(25-277) (o/um,L: //?-/2s dub : /24/ZS H B Wave PUBLISH DATE: 04/24/2025 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4331 Adopted by the City Council on April 15, 2025 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204 USE CLASSIFICATIONS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 25-001)" SYNOPSIS: Ordinance No. 4331 amends Chapter 204 (Use Classifications) of the Huntington Beach Zoning and Subdivision Ordinance to introduce regulations for smoke/tobacco shops. Zoning Map Amendment(ZMA) No. 25-001 amends and updates certain sections of the Huntington Beach Zoning and Subdivision Ordinance(HBZSO) to define and add regulations for smoke/tobacco shops within the City. Additionally, this ZTA removes duplicative text within the HBZSO. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held April 15, 2025 by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, Williams NOES: None ABSENT: None This ordinance is effective May 15, 2025. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 Lisa Lane Barnes, CITY CLERK ES Column OFFICIAL AD PROOF This is the proof of your ad scheduled to run in Huntington Beach Wave on the dates indicated below. If changes are needed, please contact us prior to deadline at(714) 796-2209. Notice ID:TOTFMV7d3rSmeEuE3k82 I Proof Updated: Apr.17,2025 at 10:01am PDT Notice Name:Synopsis-Ord No.4331 i Publisher ID:0011730924 FILER FILING FOR See Proof on Next Page Donna Switzer Huntington Beach Wave donna.switzer@surfcity-hb.org (714)374-1649 Columns Wide: 5 Ad Class: Legals 04/24/2025:City Notices Notice 375.67 Subtotal $375.67 Tax% 0 Total $375.67 • Synopsis - Ord No. 4331 - Page 1 of 2 . . 471151Mive. 0:6• 14,Lt$1T •t:041241 .... •; 417y0FF41.t$TtisMient BEACH LEGAL KOTfCE Adift*.blitheatt-council.ciApiitt4,202t,: "'4.14::C}R.OINANCE:Or THE ZITY.C.01klett:- toFtiter.M01104:. B EACH:-.AMZ N.0 NS•CHAPTER:•204-use.'CLAY,SSI.FMATIONS.OF,THE:* TtNGTON BEACH ZONING OIDINANCE • •-- (ZONING AMENDMENT • • ••••••• •.•• ...•. Genloonce Nn.4331.Ontencl$.Cncfp-tOt,294(V.40 etnesitictition$ottne,Htiotingtop:•Esetich zoning and$nbON.441on QrnincintetOlntrodOce regulations form •• A ... • ••.. ,•••• . • • •.. ..• 4 4.... . • .. ..• ..• Zon,tft.Mop Amendment: • a.:25'700I,:pirends afes ce a,n,sec 10115 of the Huntington BOgeti;ZentOg:OhifStilitligWort,OrettOonce:(1-113Z5b).10,idenrie:,tinOodd rgu1ot1ons tar smoke/tobacca shops within the CTh Additionally,mis 2TA removes ctuP11,00N.O'te)C1 tA'vtiO•Irt:tt.)0110g§g.,. - „ cal4as9141t01mOnanco.are nvaiIabIeip the City gems Office. „ „ . . PASSED,010::.AO:OPTED,:by'ttIO,,,CIty::CciOnclf-of the etty.'af.:H001691'00,B000rrof t.00.1110.r4tegfIrOPOIO40:01-14illtr.25b.V:flikfOlr.OwM917.0.1KP.011 VOW ANMS.1. Twininn,Kennel:iv;WIlliams McKeon,:Buiths,•Van;DerMailr,;.orua„ Ntiesr. Node „ AfttEteiT--, None ..r. • - This.oicuifoki.is eftediiiiiMitif.fsixets.. crrroFfiutoiteGTou.neAgli 2000 MAINSTREET:.,• ...1411111114GTOft BSACI•fiCk.)9t648 714436,5227• . . USW-Lune Barnes,,CITY:CLERK HOnfitqfoixitigagliAtifoyo INftiOhe44,4/24/0.:: • • • Synopsis - Ord No. 4331 - Page 2 of 2, • ,;11....._ INCLLLEY VIUDES EWTHE FDUMNN . e VA 1920 Main St. Suite 225, Irvine Irvine, California 92614 (714) 796-2209 legals@inlandnewspapers.com City of Huntington Beach-City Clerk's Office 2000 Main Street Huntington Beach, California 92648 Account Number: 5272431 Ad Order Number: 0011730924 Customer's Reference/PO Number: Publication: Huntington Beach Wave Publication Dates: 04/24/2025 Total Amount: $375.67 Payment Amount: $0.00 Amount Due: $375.67 Notice ID: TOTFMV7d3rSmeEuE3k82 Invoice Text: HB Wave PUBLISH DATE:04/24/2025 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4331 Adopted by the City Council on April 15,2025"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204 USE CLASSIFICATIONS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE(ZONING TEXT AMENDMENT NO.25-001)"SYNOPSIS:Ordinance No.4331 amends Chapter 204(Use Classifications)of the Huntington Beach Zoning and Subdivision Ordinance to introduce regulations for smoke/tobacco shops.Zoning Map Amendment(ZMA) No. 25-001 amends and updates certain sections of the Huntington Beach Zoning and Subdivision Ordinance(HBZSO)to define and add regulations for smoke/tobacco shops within the City.Additionally,this ZTA removes duplicative text within the HBZSO.Copies of this ordinance are available in the City Clerk's Office. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held April 15, 2025 by the following roll call vote:AYES:Twining, Kennedy, McKeon, Burns,Van Der Mark,Gruel,Williams NOES: None ABSENT: None This ordinance is effective May 15,2025.CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 714-536-5227 Lisa Lane Barnes,CITY CLERK Synopsis - Ord No. 4331 - Page 1 of 2 See Proof on Next Page INCLUDES THE FOUNTAIN AlLillig:11 , VALLEY VIEW Huntington Beach Wave 1920 Main St.Suite 225,Irvine Irvine,California 92614 14 796-2209 2000 Main Street Huntington Beach,California 92648 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County 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 above-entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange County, State of California, on July 1, 1998, Case No.A-185906 in and for the City of Irvine, County of Orange County, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: 04/2412025 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim,Orange County,California,on Date:Apr 24,2025. S/j ! Cf :tore Synopsis - Ord No. 4331 - Page 1 of 2 - H B Wave PUBLISH DATE:.04/24/2025 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4331 Adopted by the City Council on Aprit15,2025 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204 USE CLASSIFICATIONS OF THE HUNTINGTON:BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT'AMEN_DMENT NO.25-0011" SYNOPSIS: Ordinance No.4331 amends Chanter 204(Use Classifications)of the Huntington Beach Zoning and Subdivision Ordinance to lntroduce'regulationsfor smoke/tobacco shops. Zoning Map Amendment (ZMA) No. 25-001 amends and updates certain sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO)'to define and add regulations for. smoke/tobacco shops within the City. Additionally,this ZTA removes duplicative text within the H BZSO. Copies of this ordinance are available in the City Clerks Office. PASSED AND ADOPTED.by the City Council of the City;of Huntington Beach at a regular meeting held April 15,2025 by the following roll call vote: AYES: Twining,Kennedy,McKeon,Burns,-Van Der Mark,Gruel, • Williams NOES: None ABSENT: None This ordinance is effective May 15,2025. CITY OF HUNTINGTON BEACH 2000 MAIN•STREET HUNTINGTON BEACH,CA 92648 714-536-5227 Lisa Lane Barnes,CITY CLERK Huntington Beach Wave Published:4/24/25 Synopsis - Ord No. 4331 - Page 2 of 2 ' a/Grin/t•' 4//-/z3- . Pao Li/ ii/25 H B Wave PUBLISH DATE: 04/24/2025 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4332 Adopted by the City Council on April 15, 2025 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ' AMENDING CHAPTER 230 SITE STANDARDS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY ADDING NEW SECTION 230.54 ENTITLED "SMOKE OR TOBACCO SHOPS" (ZONING TEXT AMENDMENT NO. 25-001)" SYNOPSIS: Ordinance No. 4332 amends Chapter 230 (Site Standards) of the Huntington Beach Zoning and Subdivision Ordinance to introduce regulations for smoke/tobacco shops. Zoning Map Amendment(ZMA).No. 25-001 amends and updates certain sections of the Huntington Beach Zoning and Subdivision Ordinance(HBZSO)to define and add regulations for smoke/tobacco shops within the City. Additionally, this ZTA removes duplicative text within the HBZSO. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by,the City Council of the City of Huntington Beach at a regular meeting held April 15, 2025 by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, Williams NOES: None ABSENT: None This ordinance is effective May 15, 2025. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 Lisa Lane Barnes, CITY CLERK Column OFFICIAL AD PROOF This is the proof of your ad scheduled to run in Huntington Beach Wave on the dates indicated below. If changes are needed, please contact us prior to deadline at(714) 796-2209. Notice ID:tjYAiRCcBa4Cd0076XPG i Proof Updated: Apr.17,2025 at 10:15am PDT Notice Name:Synopsis-Ord No.4332 I Publisher ID:0011730935 FILER FILING FOR See Proof on Next Page Donna Switzer Huntington Beach Wave donna.switzer@surfcity-hb.org (714)374-1649 ti Columns Wide: 5 Ad Class: Legals 04/24/2025:City Notices Notice 390.44 Subtotal $390.44 Tax% 0 1 Total $390.44 Synopsis - Ord No. 4332 - Page 1 of 2 •'Ffp.EILI. r4,D47.TE: 6424/2023 • c..97.11F'HalifTING.FrottegAPI I.x01.,:.141qTict• „.. . „ . ..•OgGI NANCE.NO,4331' AdttlitestbrIfe-Cify Cauticat4ApririSc1015. • „ 'ANORD INANC EO ITy.COUN C I 4.0E-TH ECITY,OF HUNT I NPTITP • ," BEACH AMENDING SITE STANDARDS OP ThE fttiNTINGTON BEACH:ZONING AN Ci,SUBDIVISION ORDINANCE BY ADOINGNEWBECTION23(k$4ENTITLEO'SMOKE OR TOBACCO SHOPti,. 120141140.17E•X"TAMENDMeNT No...25-001)! sytoOPSIS: Ordinance (Site Stqndords) of the kunfi. gfort Beach Zdrilng<arld SubcfNladrrOrclInatite'itdintreiducreoutattonslor smokeMbaccoS114:ips:-. Zoning Map AtaaaartiearTZMAY146-25•001:•ailiehakaaa...badatea Oidiitdti6ñSOf the f-tuntjngton eacn Zoning and SubdiviSion Ordinance(I-WZSO)to define grid acici regulations;..for:s.mokeitabacca:-sh-op*Aittlyv#t6,cily:pocprlopop*.,Iftw.4,-F,A removes clupgicatiii0:text*itelip. easo . • • PàflàiObfltheaerlrsOfflce PASSED AND by.1he,C4x,cpuncy.at.lhe..gliy:anttaaiiagtarypeach.at a regular nieelIngheklAtirI1150,!2Q2.513V;t11.0.fplImiltiO,roll coil vote AYES.: Icgiy(0016,44.4cKgetio, Ct,Of NI44104., Y.t.4.111!9.11.*. NOE$,; None; AIISENT::-• None Thwardatance.wettatilve:isay154025. citvOFHUNTINGtONBEACH 2N10...MAINITREET' 'NIX1f1.1.NGTONStACW•CA,924.48 71+5464227 Lisa Lane , HuntingtottSecNIT Wave . , , „ . „ . Plib1ished!:4/2425 • • • Synopsis - Ord No. 4332 - Page 2 of 2. _WaINCLUDES THE FOUNTAIN l VALLEY VIEW 1920 Main St. Suite 225, Irvine Irvine, California 92614 (714) 796-2209 legals@inlandnewspapers.com City of Huntington Beach - City Clerk's Office 2000 Main Street Huntington Beach, California 92648 Account Number: 5272431 Ad Order Number: 0011730935 Customer's Reference/PO Number: Publication: Huntington Beach Wave Publication Dates: 04/24/2025 Total Amount: $390.44 Payment Amount: $0.00 Amount Due: $390.44 Notice ID: tjYAiRCcBa4CdOO76XPG Invoice Text: HB Wave PUBLISH DATE:04/24/2025 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4332 Adopted by the City Council on April 15,2025"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 SITE STANDARDS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY ADDING NEW SECTION 230.54 ENTITLED"SMOKE OR TOBACCO SHOPS" (ZONING TEXT AMENDMENT NO. 25-001)"SYNOPSIS:Ordinance No.4332 amends Chapter 230(Site Standards)of the Huntington Beach Zoning and Subdivision Ordinance to introduce regulations for smoke/tobacco shops.Zoning Map Amendment(ZMA) No. 25-001 amends and updates certain sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO)to define and add regulations for smoke/tobacco shops within the City. Additionally,this ZTA removes duplicative text within the HBZSO.CoPies of this ordinance are available in the City Clerk's Office. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held April 15, 2025 by the following roll call vote:AYES:Twining, Kennedy, McKeon, Burns,Van Der Mark, Gruel,Williams NOES: None ABSENT: None This ordinance is effective May 15,2025. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 Lisa Lane Barnes, CITY CLERK Synopsis - Ord No. 4332 - Page 1 of 2 See Proof on Next Page Ayijil'ILNCLUDES THE OUNTAIN ' ALLEYVIEW Huntington Beach Wave 1920 Main St.Suite 225,Irvine Irvine,California 92614 7714 796-2209 2000 Main Street Huntington Beach,California 92648 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County 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 above-entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange County, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Irvine, County of Orange County, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: 04/24/2025 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim,Orange County,California,on Date:Apr 24,2025. i1c- SN /u re Synopsis - Ord No. 4332 - Page 1 of 2 H B Wave PUBLISH:DATE: 04/24/2025 CITY;OF•HUNTINGTON BEACH LEGAL NOTICE ORDINANCE'NO.4332 Adopted by the-City Council onApril 15,2025 'AN ORDINANCE OF THE CITY-COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING.CHAPTER 230-SITE STANDARDS-OF THE. HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY • .ADDING NEWSECTION.230.54 ENTITLED'"SMOKE OR-TOBACCO-SHOPS" (ZONING.TEXT AMENDMENT NO.25-001)" SYNOPSIS: Ordinance No. 4332 amends Chapter 230 (Site Standards) of the-Huntington Beach Zoning and Subdivision Ordinance to.introduce regulations-for smoke/tobacco shops. Zoning.Map Amendment (ZMA)'No:.25 101 amends and.updates certain"sections of the-Huntington Beach Zoning and.Subdlvlsion-Ordinance (HBZSO) to-define and add regulations for smoke/tobacco shops within-the City.Additionally,this ZTA removes • duplicative text within the H BZSO. CoPies of-this ordinance are available in the City Clerks Office. PASSED.AND ADOPTED.by the City Council of the City of Huntington Beach at a regular meeting held April 15,.2025 b.y,the following roil call vote: AYES: Twining,Kennedy,-McKeon,Burns,Van Der Mark,Gruel, Williams • NOES: None" • ABSENT: 'None This ordinance_is effective May 15,2025.. CITY OF HUNTINGTON BEACH 2000-MAIN:STREET HUNTINGTON BEACH;CA.92648 714-536-5227 Lisa Lane Barnes,CITY CLERK Huntington Beach Wave . Published:_4/24/25 • • • Synopsis - Ord No. 4332 - Page 2 of 2 6himo.. 07/6 Pab: liPLOS H B Wave PUBLISH DATE: 04/24/2025 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4333 Adopted by the City Council on April 15, 2025 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 212 I INDUSTRIAL DISTRICTS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 25-001) SYNOPSIS: Ordinance No. 4333 amends Chapter 212 (I Industrial Districts) of the Huntington Beach Zoning and Subdivision Ordinance to introduce regulations for smoke/tobacco shops. Zoning Map Amendment(ZMA) No. 25-001 amends and updates certain sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to define and add regulations for smoke/tobacco shops within the City. Additionally, this ZTA removes duplicative text within the HBZSO. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held April 15, 2025 by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, Williams NOES: None ABSENT: None This ordinance is effective May 15, 2025. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 Lisa Lane Barnes, CITY CLERK Column OFFICIAL AD PROOF This is the proof of your ad scheduled to run in Huntington Beach Wave on the dates indicated below. If changes are needed, please contact us prior to deadline at(714) 796-2209. Notice ID: HIxXkGVAbcubrPlaYzHh I Proof Updated:Apr;-17,2025 at 10:33am PDT Notice Name:Synopsis-Ord No.4333 I Publisher ID:0011730947 FILER FILING FOR See Proof on Next Page Donna Switzer Huntington Beach Wave donna.switzer@surfcity-hb.org (714)374-1649 Columns Wide: 5 Ad Class: Legals 04/24/2025:City Notices Notice 383.05 Subtotal $383.05 Tax% 0 • Total $383.05 Synopsis - Ord No. 4333 - Page 1 of 2 .11a-Wave. . apSII 6tAY •z:84/24/2025 CITOIF;HUNTING11214 a EACH 149AL NOTICE.. .0,RDirtiMitce..140434.3 , . AdOpted:81086:0ty.Clitinciton-Ap:ril 76402S• '''f4i1WORD.INANCE:OF THE'CITY tO ONCIL .C1TY F UNT Mia-ION sP..EACKAmEmp.IN:aCtiAPTF2'2121:1t4D.USTRIAJ.-DISTRICTSO.F;.•Titi • 04141.7..FMPT014.BEACH ZONING:ANMSU1361 V FS 160.0apinAtIc - -;k4001,f4G;TXTAMEND.MENTNq:25,01r,'. 'weNoosis: pedifiance No 4333';51,111eticis Ch8pW:112;.,(t tnc186t,t301 Districts) of Huntington South Zoningant Sulaciti/WatfOrctirtaritt::t4.8itttacl8,t&Tqp,u8itIons;iiiernokettbbricco Zoning Map P:91.1. z. • ,AlTie6460144±M44,:t1/40:25.. CertaIn Sections of 8/0").'itintir,18-,f0h,:•.pdt20,11:21finyitt c14.5844Nr8Itio.Oroincinc8.1.1-10.:zso)lti:dettne:i.90:Vatp shops removes cit..4:41cotive.teict*ittOKip*etpg. C.Ofesorthisttitilkiditeeareaviiikible:itilher.WattletiOffie6: ri..ASSEaArfAD:OPTEttv?Alid-Xl.tf:COuticillit:tn'e Crhi-tit iitutiti(Istbit.pe#0,:..trro rg,quIc!rlt.1*,..414.11-9!.0AFTP4444?4;1#4,11.09J10Wrilwrp.!!.4a1.1i*Pte.; AYE 1Wth1ng KOjitiOW.NV41(60040.00k:,*Itt6104 ,W.181tirn„8 610Et:: 1.4800; A484144T:. None • TA*Ot.d881801ff.41'808*15i3.9? .;,, . ; •.:.• CErf,OF HU Nil NGTOtit'BEApi 2006.MAIlt STREET'.' • 140 141INGTOtt DEA:Cifkr-A 42648 7144264227' 14440:,41#PiXidtkes;cirt•CLER.K.; „ . FlUninigiertsetchlggve e4o4;00;-.444g,F, • • Synopsis - Ord No. 4333 - Page 2 of 2 • INCLUDES THE AIllii._ FOUNTAIN . e VALLEY VIEW 1920 Main St. Suite 225, Irvine Irvine, California 92614 (714)796-2209 legals@inlandnewspapers.com City of Huntington Beach-City Clerk's Office 2000 Main Street Huntington Beach, California 92648 Account Number: 5272431 Ad Order Number: 0011730947 Customer's Reference/PO Number: Publication: Huntington Beach Wave Publication Dates: 04/24/2025 Total Amount: $383.05 Payment Amount: $0.00 Amount Due: $383.05 Notice ID: HIxXkGVAbcubrPlaYzHh Invoice Text: HB Wave PUBLISH DATE:04/24/2025 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4333 Adopted by the City Council on April 15,2025"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 212 I INDUSTRIAL DISTRICTS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE(ZONING TEXT AMENDMENT NO.25-001)"SYNOPSIS:Ordinance No.4333 amends Chapter 212(I Industrial Districts)of the Huntington Beach Zoning and Subdivision Ordinance to introduce regulations for smoke/tobacco shops.Zoning Map Amendment(ZMA)No.25-001 amends and updates certain sections of the Huntington Beach Zoning and Subdivision Ordinance(HBZSO)to define and add regulations for smoke/tobacco shops within the City.Additionally,this ZTA removes duplicative text within the HBZSO.Copies of this ordinance are available in the City Clerk's Office. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held April 15,2025 by the following roll call vote:AYES:Twining, Kennedy, McKeon, Burns,Van Der Mark,Gruel,Williams NOES: None ABSENT: None This ordinance is effective May 15,2025.CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 714-536-5227 Lisa Lane Barnes,CITY CLERK Synopsis - Ord No. 4333 - Page 1 of 2 See Proof on Next Page INCLUDES THE yiiiiiillyrFOUNTAIN doe VALLEY VIEW Huntington Beach Wave 1920 Main St.Suite 225,Irvine Irvine,California 92614 (714)796-2209 2000 Main Street Huntington Beach,California 92648 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County 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 above-entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the . Superior Court of the County of Orange County, State of California, on July 1, 1998, Case No.A-185906 in and for the City of Irvine, County of Orange County, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: 04/2412025 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim,Orange County,California,on Date:Apr 24,2025. $ i Ciofeir S/to e Synopsis - Ord No. 4333 - Page 1 of 2 HB•Wave . 'PUBLISH DATE:.04/24/2025 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4333 Adopted by the City Council on April 15,2025 "AN ORDINANCE OF THE CITY.COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 212 I INDUSTRIAL DISTRICTS OF THE HUNTINGTON.BEACH ZONING AND SUBDIVISION ORDINANCE ' (ZONING TEXT AMENDMENT NO.25-001)." SYNOPSIS: • Ordinance No. 4333 amends Chapter 212 (I industrial Districts) of the Huntington Beach Zoning and Subdivision Ordinance to introduce regulations for smoke/tobacco shops. Zoning Map Amendment'(ZMA) No. 25-001 amends and updates certain sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to'define and add regulations forsmoke/tobacco shops within the City. Additionally,this ZTA removes duplicative text.withln the HBZSO. • Copies-of this ordinance are available in the City Clerks Office. • PASSED AND ADOPTED by the City Council of the City of Huntington Beach at n_ regular meeting held April 15,2025 by the following roll call vote: AYES: Twining, Kennedy,McKeon, Burns,Van Der Mark,Gruel, Williams NOES: None ABSENT: None This ordinance is effective May 15,2025. CITY OF HUNTINGTON BEACH 2000 MAIN-STREET ' HUNTINGTON BEACH,CA 92648 714-536-5227 Lisa,Lone Barnes,CITY CLERK. Huntington Beach wave' Published:'4/24/25 • • • Synopsis - Ord No. 4333 - Page 2 of 2 64/4/4,.. Ufa : 4/24/2 H B Wave PUBLISH DATE: 04/24/2025 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO. 4334 Adopted by the City Council on April 15, 2025 "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. 25-001)" SYNOPSIS: Ordinance No. 4334 amends Chapter 211 (C Commercial Districts) of the Huntington Beach Zoning and Subdivision Ordinance to introduce regulations for smoke/tobacco shops. Zoning Map Amendment(ZMA) No. 25-001 amends and updates certain sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO)to define and add regulations for smoke/tobacco shops within the City. Additionally, this ZTA removes duplicative text within the HBZSO. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held April 15, 2025 by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, Williams NOES: None ABSENT: None This ordinance is effective May 15, 2025. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 Lisa Lane Barnes, CITY CLERK • E Column OFFICIAL AD PROOF This is the proof of your ad scheduled to run in Huntington Beach Wave on the dates indicated below. If changes are needed, please contact us prior to deadline at(714) 796-2209. Notice ID:Y6E3cmugwRC7EuJYJbTB I Proof Updated:Apr.17,2025 at 11:30am PDT Notice Name:Synopsis-Ord No.4334 i Publisher ID:0011730976 FILER FILING FOR See Proof on Next Page Donna Switzer Huntington Beach Wave donna.switzer@surfcity-hb.org (714)374-1649 Columns Wide: 5 Ad Class: Legals 04/24/2025:City Notices Notice 383.05 Subtotal $383.05 Tax% 0 Total $383.05 Synopsis - Ord No. 4334 - Page 1 of 2 • „P:ti,IW.§.)4:,:pATE•f:.0424120. 25 „.. „.. CirrOFAUtiTINOTAKSEACH 4E,P.R.(4•ROTI:cg:. -0C.4.DltstANCE:NOv4304Z Adpptecruyttwoiy:Cauncil.bei,Aptit.i4402.51 . __ORDINANCE:OFITH.Z)C UNT[Nato N: 0EALSAmENDINC-FlAPT. R.21:1..C..commaRt41..:„Q I:S1RICT:50F THE ORDINANCEttp,r417.1,N0•ToN.:.BeAcfr201‘11•NO.4a4DSU,13:DIVrs)011/41,, ..;g0NTikl ,TEN'T. meOtIMENT•issol:254Q-Lr.' • tOidesis: Prialciaticp:Nct,•?4-334-cjimencIS•ChOtItr,2T1 Cotrir.ngrViil Districts)of t.t.Wttimtindt,0.9 Eltia.c4i77011.0:ciigtSupOliiittin:Ordinat**..tOltiirgclucWreoUltutficinscii-AinoWtiibatcp ..„ . ..„ Zoning Mo Amendment (ZMA) No 25-002 amends and updates certain Sections of tt*,•libritipOrcii*:500CWZorlitlqAP15014.dlitiOzittip.edtilancilf3Xsc))%1V:.tiefltIO'ititid,Odd • ingtildflons.:foef:s.rnoIcentibificrakshAp**Atti#1,j0.0.i2C1W,ACK:ProPcitlYi:In4•ZIT#.itr0990 cluet.rOtivelext.*Itkilttp*IitIZSCK. • " • .„... • "- ••• • • • • • •.• •. „.. „. Copies.cifthisatdinante.brezviiitable;Ih•the'!Cini:CleticIrOfffse. liVs$SED:4.400:AD.OPTED,I*4116.,:titg:•Coutietf:cit,ItieCityói Iitti.ittp)qtfin ren.gtAqttiggptiqt,t0IdApr:11,454075.:bytp*10119.WIttwimt•-qtli.03fe ........ . .„ .„ AVES•f:, 1911unii.J44 0.00.01V440<e0e.i.z..au.#130.1.01:::1;0t.00.te.2D,OrijOi«• . • Williams NOES: Stone ...„, ANSENT:, None 1110)OrditfaiWitiliff.010.10m1.0$., Ore OF HUNTINGTON:EISA4ff '.2000MAINSTREET** iltUNTINGT014., EiXCHiek.:92648 7144164227. Lisa LOS.:B:Orik -c1TY.C14,ERIC • Fiuniingtonsectch,wsior pub4theilf-4/24/2.5;; • . . • • • • . , .• • Synopsis - Ord No. 4334 - Page 2 of 2'. • WIWINCLUDES THE FOUNTAIN VALLEY VIEW 1920 Main St. Suite 225, Irvine Irvine, California 92614 (714) 796-2209 legals@inlandnewspapers.com City of Huntington Beach - City Clerk's Office 2000 Main Street Huntington Beach, California 92648 Account Number: 5272431 Ad Order Number: 0011730976 Customer's Reference/PO Number: Publication: Huntington Beach Wave Publication Dates: 04/24/2025 Total Amount: $383.05 Payment Amount: $0.00 Amount Due: $383.05 Notice ID: Y6E3cmugwRC7EuJYJbTB Invoice Text: HB Wave PUBLISH DATE:04/24/2025 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4334 Adopted by the City Council on April 15, 2025"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. 25-001)" SYNOPSIS:Ordinance No.4334 amends Chapter 211(C Commercial Districts)of the Huntington Beach Zoning and Subdivision Ordinance to introduce regulations for smoke/tobacco shops.Zoning Map Amendment(ZMA) No.25-001 amends and updates certain sections of the Huntington Beach Zoning and Subdivision Ordinance(HBZSO)to define and add regulations for smoke/tobacco shops within the City.Additionally,this ZTA removes duplicative text within the HBZSO. Copies of this ordinance are available in the City Clerk's Office. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held April 15, 2025 by the following roll call vote:AYES:Twining, Kennedy, McKeon, Burns,Van Der Mark,Gruel,Williams NOES: None ABSENT: None This ordinance is effective May 15, 2025. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 Lisa Lane Barnes, CITY CLERK Synopsis - Ord No. 4334 - Page 1 of 2 See Proof on Next Page INCLUDES THE Viiiijg:kFDuLaN si VALLEY VIEW a Huntington Beach Wave 1920 Main St.Suite 225,Irvine Irvine,California 92614 14)796-2209 2000 Main Street Huntington Beach,California 92648 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County 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 above-entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange County, State of California, on July 1, 1998, Case No.A-185906 in and for the City of Irvine, County of Orange County, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: 0412412025 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim,Orange County,California,on Date:Apr 24,2025. S ture Synopsis - Ord No. 4334 - Page 1 of 2 H B Wave PUBLISH DATE:.04/24/2025 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4334 Adopted by theCity Council on April 15,2025 "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.25-001) SYNOPSIS: Ordinance No.4334 amends°Chapter 211 (C'Commercial Districts) of the Huntington Beach Zoning and Subdivision Ordinance to introduce regulations for smoke/tobacco shops. Zoning Map Amendment'(ZMA) No 25-001 amends and updates certain.sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to define and add regulations for smoke/tobacco shops within the City. Additionally,this ZTA removes duplicative text within the HBZSO.. Copies of this ordinance'are available in the City Clerk's Office. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular,meeting held April 15,2025 by the following roll call vote: AYES: Twining, Kennedy,McKeon,Burns,Van Der Mark,:Gruel,, Williams NOES: None • ABSENT: None This ordinance is effective May 15,2025. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 714-536-5227 .Lisa Lane Barnes,CITY CLERK, Huntington BeaCn Wave Published:4/24/25 Synopsis - Ord No. 4334 - Page 2 of 2 �vtil I WGTo ,�jn CITY OF HUNTINGTON BEACH _ DEPARTMENT OF COMMUNITY DEVELOPMENT cNTY C�� PLANNING • BUILDING • PERMIT CENTER • ECONOMIC DEVELOPMENT • HOUSING • CODE ENFORCEMENT NOTICE OF CITY COUNCIL ACTION April 2, 2025 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUBJECT: ZONING TEXT AMENDMENT NO. 25-001 (SMOKE/TOBACCO SHOP REGULATIONS) APPLICANT: City of Huntington Beach PROPERTY OWNER: Various REQUEST: Amend four chapters of the Huntington Beach Zoning and Subdivision Ordinance to introduce regulations for smoke/tobacco shops and cleanup inconsistent language. The chapters to be amended are Chapter 204 (Use Classifications), Chapter 211 (C Commercial Districts), and Chapter 230 (Site Standards). Chapter 212 (I Industrial Districts) is being amended to delete duplicate text. LOCATION: Citywide DATE OF ACTION: April 1, 2025 On Tuesday,April 1, 2025, the Huntington Beach City Council took action on your application and approved Zoning Text Amendment No. 25-001 with findings for approval by adopting Ordinance Nos. 4331, 4332, 4333, and 4334. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the City Council is final. Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice 2000 Main Street • Huntington Beach CA 92648-2702 • www.huntingtonbeachca.gov Notice of Action:ZTA 25-001 April 2, 2025 Page 2 of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020. If you have any questions, please contact Joanna Cortez, the project planner, at Joanna.cortez@surfcity-hb.org or (714) 374-1547 or the Community Development Department Zoning Counter at (714) 536-5271. Sincerely, Jennifer Villasenor Director of Community Development JV:JC:kdc Attachments: 1. ZTA No. 25-001 Findings for Approval 2. ZTA No. 25-001 Ordinance No. 4331 3. ZTA No. 25-001 Ordinance No. 4332 4. ZTA No. 25-001 Ordinance No. 4333 5. ZTA No. 25-001 Ordinance No. 4334 c: Jennifer Villasenor, Director of Community Development Lisa Lane Barnes, City Clerk Joanna Cortez, Principal Planner Project File ATTACHMENT NO. 1 • FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 25-001 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: Zoning Text Amendment (ZTA) No. 25-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. FINDINGS FOR APPROVAL-ZONING TEXT AMENDMENT NO. 25-001: 1. Zoning Text Amendment No. 25-001 is to amend four chaptersF of the Huntington Beach Zoning and Subdivision Ordinance to primarily introduce regulations for smoke/tobacco shops. The chapters to be amended are Chapter 204 (Use Classifications), Chapter 211 (C Commercial Districts), and Chapter 230 (Site Standards). Chapter 212 (I Industrial Districts) is also being amended to remove duplicate text. The proposed zoning text amendment is consistent with the goals and policies of the City's General Plan including: Land Use Element: Goal LU-I: New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consist with the overall goals and needs of the community. Policy LU-1(D): Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-2(D): Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Goal LU-11: Commercial land uses provide goods and services to meet regional and local needs. The proposed ZTA will define and regulate smoke/tobacco retail shops in a manner that will ensure new shops are compatible with surrounding uses. The proposed regulations will limit this use to commercially zoned properties while prohibiting them in any primarily residentially zoned areas. Smoke/tobacco shops will maintain a 1,000-foot separation from sensitive uses, such as hospitals and . youth-oriented areas, as well as other smoke/tobacco shops. These regulations will allow these types of commercial goods and services to operate in designated areas of the city while meeting the community's desire of limiting the overexposure of this use to young people. The proposed text cleanup will provide greater customer.service as it will provide residents and business owners a clear understanding of permitted uses within the industrial zone. 2. Zoning Text Amendment No. 25-001 is compatible with the uses authorized in, and the standards prescribed for the zoning district for which it is proposed because it primarily revises the processing of G:RCAINOA\25\ZTA 25-001 Attachment 1.1 an existing use and clarifies a section of the HBZSO. The revisions that have been added or clarified will not change the character of the base zoning district and the uses authorized therein. 3. A community need is demonstrated for the changes proposed because there is a constant community desire to ensure compatibility of uses between different zoning areas and ensure the HBZSO is clear, current, and proactive with conflicts in the code. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because ZTA No. 25-001 ensures the HBZSO is clear, current, and proactive with conflicts in the code, and reflective of the City's ongoing effort to improve customer service. G:RCAINOA1251 ZTA 25-001 Attachment 1.2 2000 Main Street, Huntington Beach,CA City of Huntington Beach 92648 APPROVED FOR INTRODUCTION 7-0 File#: 25-242 MEETING DATE: 4/1/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, City Manager VIA: Jennifer Villasenor, Director of Community Development PREPARED BY: Joanna Cortez, Principal Planner Subiect:, Approve Zoning Text Amendment No. 25-001 (Smoke/Tobacco Shop Regulations) by approving for the introduction of Ordinance Nos. 4331, 4332, 4333, and 4334 continued from the March 18, 2025, City Council Meeting • Statement of Issue: Transmitted for City Council's consideration is Zoning Text Amendment (ZTA) No. 25-001, a City Council initiated request to amend the Huntington Beach Zoning and Subdivision 'Ordinance (HBZSO) to introduce regulations for smoke/tobacco shops within the City. The request also includes an amendment to remove duplicate information within the zoning ordinance. The Planning Commission and staff recommend approval of the request. Financial Impact: Not Applicable Recommended Action: A) Find Zoning Text Amendment No. 25-001 exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density; and, B) Approve Zoning Text Amendment No. 25-001 with findings (Attachment No. 1) and approve for introduction: 1. Ordinance No. 4331, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)"; (Attachment No. 2) 2. Ordinance No. 4334, "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. 25-001)"; (Attachment No. 3) City of Huntington Beach Page 1 of 3 Printed on 3/26/2025 powered by LegistarTM 277 File#: 25-242 MEETING DATE: 4/1/2025 3. Ordinance No. 4333, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 212 I Industrial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)"; (Attachment No. 4) 4. Ordinance No. 4332, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230 Site Standards of the Huntington Beach Zoning Code and Subdivision Ordinance (Zoning Text Amendment No. 25-001)"; (Attachment No. 5) Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: ZTA No. 25-001 represents a request to amend and update certain sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to define and add regulations for smoke/tobacco shops within the City. In addition to the proposed regulations, this ZTA also includes an amendment, unrelated to smoke/tobacco shops, to remove duplicative text within the HBZSO. B. BACKGROUND: To reduce illegal sales of tobacco products to minors, California has passed policies to further regulate the sale of tobacco in the retail environment. Many jurisdictions have passed additional policies to implement state laws and regulations including restrictions on what retailers can and cannot sell and where retailers can be located in order to counter efforts to attract new (younger) customers. To prevent the proliferation and cluster of smoke or tobacco retailers, especially near youth populated areas, on September 3, 2024, the City Council directed staff (Attachment No. 6) to draft the necessary amendments to the HBZSO to define and add regulations for smoke/tobacco shops within the City. C. PLANNING COMMISSION MEETING AND RECOMMENDATION: On February 11, 2025, the Planning Commission held a public hearing on the ZTA. There was one speaker/comment in support of the item (Attachment No. 8). The Planning Commission recommended approval of the request to the City Council with the following modifications: • Chapter 211: The new provision letter in the land use table was amended from letter "P" to letter"DD" • Chapter 230: The minimum distance requirement from smoke/tobacco shops to youth populated areas and between smoke/tobacco shops was modified from 500 feet to 1,000 feet. Planning Commission Action on February 11, 2025: A motion was made by Thienes, seconded by Goldberg, to recommend to the City Council approval of ZTA No. 25-001 carried by the following vote: AYES: Thienes, Goldberg, Pellman, Wood, Bush, Babineau, McGee NOES: None ABSTAIN: None City of Huntington Beach Page 2 of 3 Printed on 3/26/2025 powered by Legistar"' 278 File#: 25-242 MEETING DATE: 4/1/2025 ABSENT: None MOTION PASSED D. STAFF ANALYSIS: The February 11, 2025, Planning Commission staff report provides a more detailed description and analysis of the proposed ZTA (Attachment No. 7). In summary, staff and the Planning Commission recommend approval of ZTA No. 25-001 based on the following reasons: 1. It addresses a community need to prevent the proliferation and cluster of smoke/tobacco retailers, especially near youth-populated areas; 2. Cleans up the HBZSO to improve clarity; and 3. Is consistent with General Plan goals and policies. Environmental Status: ZTA No. 25-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density Strategic Plan Goal: Non Applicable -Administrative Item Attachment(s): 1. Suggested Findings of Approval -ZTA 25-001 2. HBZSO Chapter 204 (Use Classifications) Draft Ordinance No. 4331 and Legislative Draft 3. HBZSO Chapter 211 (C Commercial Districts) Draft Ordinance No. 4334 and Legislative Draft 4. HBZSO Chapter 212 (I Industrial Districts) Draft Ordinance No. 4333 and Legislative Draft 230 5. HBZSO Chapter Standards) Draft Ordinance No. 4332 (Site Sta ) 6. City Council H-Item dated September 3, 2024 7. February 11, 2025, Planning Commission Staff Report 8. Supplemental Communication received and dated February 10, 2025 9. PowerPoint Presentation City of Huntington Beach Page 3 of 3 Printed on 3/26/2025 powered by LegistarTM 279 ATTACHMENT NO. 1 SUGGESTED FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 25-001 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: Zoning Text Amendment (ZTA) No. 25-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. SUGGESTED FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 25-001: 1. Zoning Text Amendment No. 25-001 is to amend four chapters of the Huntington Beach Zoning and Subdivision Ordinance to primarily introduce regulations for smoke/tobacco shops. The chapters to be amended are Chapter 204 (Use Classifications), Chapter 211 (C Commercial Districts), and Chapter 230 (Site Standards). Chapter 212 (I Industrial Districts) is also being amended to remove duplicate text. The proposed zoning text amendment is consistent with the goals and policies of the City's General Plan iriciuding: Land Use Element: Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consist with the overall goals and needs of the community. Policy LU-1(D): Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-2(D): Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Goal LU-11: Commercial land uses provide goods and services to meet regional and local needs. The proposed ZTA will define and regulate smoke/tobacco retail shops in a manner that will ensure new shops are compatible with surrounding uses. The proposed regulations will limit this use to commercially zoned properties while prohibiting them in any primarily residentially zoned areas. Smoke/tobacco shops will maintain a 1,000-foot separation from sensitive uses, such as hospitals and youth-oriented areas, as well as other smoke/tobacco shops. These regulations will allow these types of commercial goods and services to operate in designated areas of the city while meeting the community's desire of limiting the overexposure of this use to young people. The proposed text cleanup will provide greater customer service as it will provide residents and business owners a clear understanding of permitted uses within the industrial zone. 280 2. Zoning Text Amendment No. 25-001 is compatible with the uses authorized in, and the standards prescribed for the zoning district for which it is proposed because it primarily revises the processing of an existing use and clarifies a section of the HBZSO. The revisions that have been added or clarified will not change the character of the base zoning district and the uses authorized therein. 3. A community need is demonstrated for the changes proposed because there is a constant community desire to ensure compatibility of uses between different zoning areas and ensure the HBZSO is clear, current, and proactive with conflicts in the code. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because ZTA No. 25-001 ensures the HBZSO is clear, current, and proactive with conflicts in the code, and reflective of the City's ongoing effort to improve customer service. 281 ORDINANCE NO. 4331 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204 USE CLASSIFICATIONS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO.25-001) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate,duly noticed public hearings to consider Zoning Text Amendment No. 25-001, which amends Chapter 204 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 fmds 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 Code is hereby amended to read as follows: 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. 25-15852/37222 1 282 ORDINANCE NO.4331 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 café having more than four coin-operated game machines; 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. I. 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. 25-15852/372222 2 283 ORDINANCE NO.433 I 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-through. 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/Dancing. 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. 25-15852/372222 3 284 ORDINANCE NO.4331 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/dentaI 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, nonsurgical 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 Chapter 5.24. 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. RetaiI 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), and smoke or tobacco shops as regulated by Section 230.54. 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. 25-15852/372222 4 285 ORDINANCE NO. 4331 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 Parking Facility. 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. 25-15852/372222 5 286 ORDINANCE NO.433 I 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. 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 1351(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. 25-15852/372222 6 287 . . ODR,TANE N0.4351 , 4. fl!4ctorta:Civvriershipliotel.Faeility#aiiclitig Oerriigl':- it Iiii,5itor. accommodations where at lea.it some of 4ii.' ditdOrd$(Ori-1.,- ),-withi4tho'f4ollity are owned separateiY'1*multiple owners on a fraetioilatthile.hasis.,A:fractiohat time basis means that an owner receives exclusive right to use-orthe unit for a dertairlcOieiitity of&y,§00 yeaf and each prift--oaftalikfor.fractiorial - q. ownership willhaitiple.OWliett. i II, Warehouse And$010 Qi#104..)3i4iiiestes which stOrela.rge inventories of goods in: industrialstyle-:144itcp where these are,#Ot produeecivolhe site but are offered tolliOlitiblit kir: alle.: i JJ. :Quasi Re:441100A i I I,. Itesitleutiaillatelci,,Thiiiclirigs*itb.*x or more guest rooms without iOldbeti, facilities:ibl individual rooms,otkitcheafacthties for the :0(4b.loiy0.14e,ofag.44% and WhiehAte.40euded-for ocoupericy onaweekly,Or thOlithlY basis. 2. Sinife.Room Occupancy„Buildings designed as a residential'hOte.l:cor*isting,of a cluster of guest units pigyiding sleeping and living in which,$onitaty facilities 014 cooking faailitieslrovroitie4 within 0,44104 tenancies are 1 eekly or monthly., ‘!, 3. Timeshare.Ally:arrah-gernerit?00.0; 0.r.: trilag prpgr,...am :citlig thp an exchoo i program,whereby a purchaser receives ownership rights in ot.bg:rigbt to use ..acooroOlo4tioris fOt4periocl of time less than a full year during any given year, bit a;itourriiig basis fp/Imre:44A ong year hi,itliet,teceUtily fOr 0OUseoutive yedit.: ' $E01701'kl:2. 44 tber provisions•07.•Chapter.204 riotitiodiftecthereifi alalt.r#00.4 itYA41 .fOco;:and.40,, i i SECTION q., This.ordinance'shall beeoute,effective immediately 19 days after its. 40.OM- 1-%$$ED.,01) A1)01217Ep*by the:City:Couueit of the 04:of:liwitiogto Et,acti at a , itgwar::Ateeting,tbprofb01.4.;?111tie „ clay.of. g Mayor . . ... . . .. I ATTEST: Al'i.kittiVE0 AS T .. . ., .. . , , . . . . s: • City Clerk ,Ct 4 6T:i.iey. ' . ...... . 1 .:25-15a5:2/37.14 - '7 i . 288 1 'e ogpwANCE NO.4:331 UYTRWE.D AND APPROVER ttith AN. APPROVEPt • j4/4/ : .CitY,Kvagcr treCbthrixiliiity ladvacipmot 1 f • 15-.1;$8$7/3722%2: 8 289 .1. 1, 1 LEGISLATIVE prop' HBZC CHAPTER chapter 414, zi. 204.10 Commercial Use Classifications !' A. Ambulance Services Pto%Aion.of-Oinotgencry Medical Cafe or transportation,inckiding incidonta:Atorage:AndvaintonAtiod:of 1i.cle,t as regel*dby Chapter$ 1).:... i B. AnlinAlSales,Antl 1.. :AniniaBOAfding., _Provisionlif Shelter and care for.small animals on a commercial baSis.This classification includes activities such as feeding,.e4ereiSinggre.orning, L' and incidental medicaloare,,p70,,kennels. 4 , i 2. Animal Grooming Provision Of bathing and itimmingseriiees for small g ,., %dill:01a on a commercial basis This classification includes bardit4f4i4tuxinunn period of t , 48 bontg. X Anima Hospitals. 'Establishments where small animals receive medical and surgical treatnent..This classification includes only facilities that are entirely enclosed, SontidprOded,:und aii-cenditi tined. Grooming Mid teMporary(inaliiin urnIO:days)boarding of -- • ! animals are included,if incidental to:the hosPitat use. i ,4, Animals,Retail Sales,, Retail sAieA,and boarding Of small animals,provided,such activities take place'Wain*entirely enclosed bnilding, ThiselaStifiCationineindes,,greOrning, if incidental,to the TOtail use,and boarding of animals offered for sale for a maximum period ,. 048:Jionrg,. 41 ,5'; Eauestrian,Centers. Establishments offering facilities for instruction in i horseback riding,including stables,and exereiseareas. . 1 6, 'Pet Cemetery. Land used or intended to be used for burial of animals,ashes ,I i totititiaiiig-of dead annuals,ittehtdingpladeMetiter erection Of markers,headstones er ineinithentaovetstichptanOf.bdrial. C. Aftiite:Studios;WOrkapac.0 for artists and artisan*:includingindiVictuala,practicing one Ofthpfuw arts ofpeffOnging0#0,or skill.041.4 an applied artor craft.: i D. Banks and Saving*,andiOnnlinancial institutions that provide retail banking 1 AdritqA,..to:individoalA and businesses.:This classification includes only those institutions engaged in the on-site eiionktion of cash Inoxioy,It also includes businesses offering:cheek-, tasjdtiOi.:Wits. ; Witli:Privg-upSetvic02,1nAtinitionsspovidingservico accessible to who tootgiiiiithoir 1 00tOttiobilea: „ 1. E. Building Materials and Services.Retailing,wholesaling, or titaa1 of building supplies ot,eciniiinaont.Ilits-tlasAi:&Ation'inoindtA huribef yardS,;tool and ecinipinetit sales or rental I i .-' i 290 i i 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 café having more than four coin-operated game machines;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. I. 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-through. 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/Dancing. 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 291 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. 292 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,nonsurgical 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 Chapter 5.24. 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):,smoke or tobacco shops as regulated by Section 230.54. 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. 293 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 Parking Facility.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. 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 294 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 1351(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. 295 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. • 296 ORDINANCE NO.4334 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. 25-001) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate,duly noticed public hearings to consider Zoning Text Amendment No. 25-001, 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. "Neighborhoodthat re uire an Administrative Permit Notification"designates use classifications q 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 25-15852/368549 1 297 ORDINANCE NO.4334 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 25-15852/368549 2 298 • ORDINANCE NO.4334 CO CG CV Additional Provisions Animal Boarding - ZA - Animal Grooming - P - Animal Hospitals - ZA - Animals—Retail Sales - P - Equestrian Centers(CG Zone) - PC - (S) Pet Cemetery - PC - Artists' Studios P P P Banks and Savings&Loans P P P With Drive-Up Service P P P Building Materials and Services - P - Catering Services P P P Commercial Filming P P P (F) Commercial Recreation and Entertainment - PC PC (D) Communication Facilities L-13 L-13 L-13 Eating and Drinking Establishments 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)(VXDD) 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 - 25-15852/368549 3 299 ORDINANCE NO. 4334 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 (1)(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) 211.05. CO,CG,and CV Districts: Additional Provisions. L-1 Permitted if the space is 5,000 square feet or less; allowed with Neighborhood Notification P Chapterlaboratory space to 241 if the s ace 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. 25-15852/368549 4 300 ORDINANCE NO.4334 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 200square 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-l4 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. 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. 25-15852/368549 5 301 ORDINANCE NO.4334 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, Gambling Chapter 9.32, Pool and Billiard Halls. 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,Dance Halls; Chapter 5.44, Entertainment Permits; and Chapter 5.70, Sex-Oriented 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. 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. 25-15852/368549 6 • 302 ORDINANCE NO.4334 3. Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. O. 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. 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 25-15852/368549 7 303 pizmiNANC 'NOi,:431:4 mateTial,.The:.0.11 shall include a minimum tenfootreturn on all sides:The wall shall not: 'heless than*feet in height and set haek4 minimum',•tc):.feet,:fiorb;litittiog; tr06t0 with 'the entice setbaek area•pertnanept;lyiandscape4 andmaintainecl, CC Storage areas shall be screened 'viw on altSides adjacent to a public Tightrof-way• hy-a solid Made Ofeithet block,iiiidstinty,,.woodiyl, rOtheaknilak Mateiial.,The wall shall include a mininann.);97fOotIetarn on all sides..The wall;shall not be les?than six feetin heiOlitatid:Set back i'inWinnra 10 foot from abutting streets with the entire setback area permanently landscaped.and maintained.Screem on the remainmg sides shatlbe.evaiütedbased onptoposd.Site Condit:Iona as:dee/Mined durin.0116 Ieniiit ptocess, DD. See Seotion:Z3,944i Smoke or Tebacco.n.S.hosps SECTION 2 All other provisions of this Chapter 211 not modified herein shall reniam in fall fared:and,effect. SECTION I. -Ti* :ordinance shall become effective immediately '39 days after its :adotrtiOn:. PASSED AND,ADOPThp 'by the.eity. CotulOf:the,City'Of fluntington .$00,Oh tritotiutli000fhol,4:,0111p .4y!.of . 2Q2 . • • Alt 4ST: APREOVED AORM - 5 so* City Clerk City Attorney 5'‘ :REVIEWED AND:APPROVED:. AND:APP.R.OY.ED; 1 111/,: • , • 'CifY NrOd.g9t , old DeitelOOMent ,g5-1 8 .q/36$.44.9 304 LEGISLATIVE ORAFr itazetHOTER Chapter 211 .211.04 CO,CO.and CV Districts*Land Use Controls Er the following schedules,letter designations aro used as follows: "P"designatesuse alassifications,pennitted in:the Industrial Districts. ‘1,."designates use classifications subject to certain mutations prescribed by the."Additional Piovisloo.P.which follow. VC"designates use classifications permitted on approval of a conditional use perMit by the naming Commission. "ZA"designates use classifications permitted on approval of a conditional use permit-by the Zoning Administrator, "TIT'designateSuse classifications allowed upon approve of a temporary use permit by the Zoning Adiniiiittrator. "P/U"for an accessory use means that the use is permitted,onthesite of apermitted use,but quireS a conditional tisepennit on:the Site of cep***use. "Neighborhood Notification"refers to 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 requirements following the schedule or located elsewhere in this zoning-code.Where letters in parentheses are opposite a Use classification heading,refereneedprovisions shall apply tualluse classifications under the heading; 16y.MI and RT Dittriets Land,lise Controls. P=Permitted L=Limited(see Additional Provision') PC Conditional use permit approved.by'Planning Commission • ZA =Conditional use perinitapproved by ZOtiitt Administrator Temporary use permit P/U--Requires conditional use perinit on site of conditional use Permitted 1 305 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 Animal Boarding - ZA - Animal Grooming - P - Animal Hospitals - ZA - Animals—Retail Sales - P - Equestrian Centers(CG Zone) - PC - (S) Pet Cemetery - PC - Artists'Studios P P P Banks and Savings&Loans 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) 306 CO CG CV Additional Provisions 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)(DD) 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-l2 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 - 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 - (IXJ) 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 - 307 CO CG CV Additional.Provisions Comnieiciai Eiiming,Limited :• P P' ;1VI) Real:Estate Sales ,t;. E P Retail:Sales,Outdoor - TU TtJ Seasonal:Sales° TU TU TU (Iv Teiit.Event: :P Trade Fairs - P. NonconformingUses `(G)(J)(.V): 211.0S. CO.CG:.:and CVtDistricts—Additional-Provision L-1 Pemuttedif the space is 5,000 square feet or less:;allowed::wit Neighborhood Notification pursuant to Chapter:141 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 pen it:from the Planning Comnussion:.if the space exceeds:S o04 square feet,(See Section:230:52,Emergency SbtIters) :L-3 Allowed with a conditional use permit frormthe Zoning Administrator of the space is 2,500, • square feet or less;allowed with a:conditional use permit front the Planning Commission if the Space exceeds;:2,500 square feet. L-4:Reserved.. L-5 Onily:li ited:facilities-.are;allowed subject;to.approval of a conditional use permit from the Zoning Administrator,and body and,fender shops are permitted only as part:of a.comprehensive automobile service complex operated by a new vehicle dealer. L=6 Only"small-scale facilities,as,described in use classifications;are°pernaitted with a :maximum seven persons employed.:full time in processing or treating retail products;:limited;,to. those sold on the premises. • L-7 Repealed. 1 L-8 On;.site storage .imrJitedto two rental cars or two-cars for lease L-9 Public facilities permitted,but A.conditional use>perm iit from the.Zoning Ac nuustrator: s required for cOmt3rrercial:facilities f..47 0 Permitted:f 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!gone space per 200square feet,shall:require:no,additional parking provided"tlie`use complies withfthe:following Maximum number of persons per classroom;does not tine number of parking spacer;.allocated"to _ the siufe base ;upQrithesquare;footage of the.liiu ding;>and 308 • 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. 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, Gambling Chapter 9.32, Pool and Billiard Halls. 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,Dance Halls; Chapter 5.44, Entertainment Permits; and Chapter 5.70, Sex-Oriented Businesses. 309 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. 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. O. 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. 310 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. 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. DD. See Section 230.54, Smoke or Tobacco Shops 311 ORDINANCE NO. 4333 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 212 I INDUSTRIAL DISTRICTS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 25-001) •WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate,duly noticed public hearings to consider Zoning Text Amendment No. 25-001, which amends Chapter 212 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 212 of the Huntington Beach Zoning Code is hereby amended to read as follows: 212.04 IG,IL,and RT 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 25-15852/368430 , 1 312 ORDINANCE NO.4333 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. IG,IL, and RT 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 Additional IG IL RT Provisions Residential _ Group Residential PC PC PC (I) Public and Semipublic (A)(L) Community and Human Service Facilities P P P (K) Day Care, General ZA ZA ZA Heliports PC PC PC (N) Maintenance & Service Facilities ZA ZA ZA Public Safety Facilities P P P Religious Assembly ZA ZA ZA Schools, Public or Private L-6 L-6 L-6 Utilities, Major PC PC PC Utilities, Minor L-7 L-7 _ L-7 (0) Commercial Uses (D)(L) Ambulance Services ZA ZA ZA Animal Sales and Services Animal Boarding ZA ZA ZA Animal Hospitals ZA ZA ZA Artists' Studios P P P Banks and Savings and Loans L-1 L-1 ' L-1 Building Materials and Services P P P Catering Services - P P 25-15852/368430 2 313 ORDINANCE NO.4333 Additional IG IL RT Provisions Commercial Filming ZA ZA ZA Commercial Recreation and Entertainment L-2 L-2 PC Communication Facilities L-12 L-12 L-12 Eating& Drinking Establishments L-2 L-2 L-2 w/Live Entertainment ZA ZA ZA (R) w/Alcohol ZA ZA ZA Food&Beverage Sales ZA ZA ZA Hospitals and Medical Clinics - PC PC Laboratories P P P Maintenance&Repair Services P P P Marine Sales and Services P P P Nurseries P P P Offices, Business&Professional L-10 L-10 L-10 (C) Personal Enrichment L-9 L-9 L-9 Personal Services L-1 L-1 L-1 Quasi-Residential PC PC PC (J) Research & Development Services P P P Sex-Oriented Businesses (regulated by Ch. L-11 L-11 5.70) L-11 Sex-Oriented Businesses(regulated by Ch. PC PC (Q) 5.60) PC Swap Meets, Indoor/Flea Markets PC PC PC (P) Vehicle/Equipment Sales& Services Service Stations L-4 L-4 L-4 Vehicle/Equipment Repair P P P Vehicle/Equipment Sales/Rentals L-5 L-5 L-5 Vehicle Storage, Impound Yards PC PC PC (T) Vehicle Storage, Off-Site Auto Dealers P/ZA P/ZA P/ZA (H)(U)(W) Vehicle Storage;Recreational Vehicles P/ZA P/ZA P/ZA. (H)(V) Visitor Accommodations ZA ZA ZA Warehouse and Sales Outlets L-8 L-8 L-8 Industrial(See Chapter 204) (B)(L)(M) Industry, Custom P P P Industry, General P P P Industry, Limited P P P Industry, R&D P P P Wholesaling, Distribution&Storage 150,000 square feet or less P P P Greater than 150,000 square feet P P ZA RT Flex Space - - P 25-15852/368430 3 314 ORDNANCE N.Q.4333 Additional Provisions Alcoholic Beverage,Manufaotering P P P ,(1,-43)• g AceeSsory Uses Accessory Uses and StrtictureS P/U MI (c) Temporary Uses Commercial Pihning,:Limited P' P P (S)' Real Estate Sales ; P P .P Trade Fairs P P P (E) 1$loneonfortnint'Uses 1 II(F); SECTION2, All otherprovisions of Chapter:2AI not modified herein shall remain in fall farce and effect SECTION 3, this ordinance shalt become effective initnediately,30 days after its ;adoption, PASSED:AND ADOPTED by the City cptmcil of the ;City of 11 *$ gtoit Beach.*at a regular meeting thereOf held on the. day of ,2625. Mayor . ATTEST; APPROVED:AS tg..FORM: tLcLL City Clerk. City AttarneY AND'APPIRPVED:: INITIATED.AND'APPROVED: 0 " 1 City Manager cOrofàmiuniy Development. 25,15852/368430 4 315 LEGISLATIVE DRAFT HBZC CHAPTERZII Chapter 212 212.04 re.lLandRT DiStrids—Land.Use Controls, fn:thcfolkiwing$chedults,letterdetignations are used as follows:, "P"designates useclaSSifications permitted,inthe Industrial Districts: ,!1.."designates use elassificationssubjectto:certain limitations prescribed by the"AdditiOnal P.roviSionS":which:fellow. "PC"designates use classifications permitted on approval of a conditional use permit by the Planning.Cot-mission. "ZA"designates use Classifitations-permitted on approval of a conditional use permit by the Zertiog Adithistrator. "TO"designates use classifications allowed upon approval of a temporary use permit by Zoning Administrator. "P/U"for an accessory use means that the uSe is permitted on the Site of a permitted use,.but requires a Conditional pSe:petroiton.the site Of aeonditiOnal use. "Neighborhood Notifloation'refers to use classifications that require an Administrative Permit: by the Director. Use classifications that are not listed are prohibited.,Lettets.ih,parentheses in the "Additional Provisions"column refer to requirements following the schedule or located elsewhere in this zoning code.Where letters in parentheses are opposite a'tise classification heading,reftencedprovisions shall apply to iafl M'cations under the heading. IG;.IL,and RT Districts;Land Vse:controls PerMitted Limittd. eMditional Provisions); PC.=Cotiditiolia1 use permit apprOved by Ptapifing Com:1*s*. ZA=Conditional use permit approved by Zoning,Administrator Tu e . rsryie permit P/tJ=Requires conditional use permit on site ofconditional.use --=Not Permitted 316 Additional IG IL RT Provisions Residential Group Residential PC PC PC (I) Public and Semipublic (A)(L) Community and Human Service Facilities P P P (K) Day Care, General ZA ZA ZA Heliports PC PC PC (N) Maintenance& Service Facilities ZA ZA ZA Public Safety Facilities P P P Religious Assembly ZA ZA ZA Schools, Public or Private L-6 L-6 L-6 Utilities,Major PC PC PC Utilities,Minor L-7 L-7 L-7 (0) Commercial Uses (D)(L) Ambulance Services ZA ZA ZA Animal Sales and Services Animal Boarding ZA ZA ZA Animal Hospitals ZA ZA ZA Artists' Studios P P P Banks and Savings and Loans L-1 L-1 L-1 Building Materials and Services P P P Catering Services - P P Commercial Filming ZA ZA ZA - Commercial Recreation and Entertainment L-2 L-2 PC Communication Facilities L-12 L-12 L-12 Eating&Drinking Establishments L-2 L-2 L-2 w/Live Entertainment ZA ZA ZA (R) w/Alcohol ZA ZA ZA Food& Beverage Sales ZA ZA ZA Hospitals and Medical Clinics - PC PC Laboratories P P P Maintenance&Repair Services P P P Marine Sales and Services P P P Nurseries P P P Offices, Business&Professional L-10 L-10 L-10 (C) Personal Enrichment L-9 L-9 L-9 Personal Services L-1 L-1 L-1 Quasi-Residential PC PC PC (J) Research& Development Services P P P 317 Additional IG IL RT Provisions Sex-Oriented Businesses (regulated by Ch. L-11 L-11 5.70) L-11 Sex-Oriented Businesses(regulated by Ch. PC PC (Q) 5.60) PC Swap Meets,Indoor/Flea Markets PC PC PC (P) Vehicle/Equipment Sales & Services Service Stations L-4 L-4 L-4 Vehicle/Equipment Repair P P P Vehicle/Equipment Sales/Rentals L-5 L-5 L-5 Vehicle Storage, Impound Yards PC PC PC (T) Vehicle Storage, Off-Site Auto Dealers P/ZA P/ZA P/ZA (H)(U)(W) Vehicle Storage, Recreational Vehicles P/ZA P/ZA P/ZA (H)(V) Visitor Accommodations ZA ZA ZA Warehouse and Sales Outlets L-8 L-8 L-8 Industrial(See Chapter 204) (B)(L)(M) Industry,Custom P P P Industry, General P P P Industry,Limited P P P Industry,R&D P P P Wholesaling,Distribution& Storage 150,000 square feet or less _ P P P Greater than 150,000 square feet P P ZA RT Flex Space - - P Alcoholic Beverage Manufacturing P P P (L-13) Accessory Uses Accessory Uses and Structures P/U P/U P/U (C) Temporary Uses Commercial Filming,Limited P P P (S) Real Estate Sales P P P Trade Fairs P P P (E) Nonconforming Uses (F) A. 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' ,•. :: ...11 •": : - '.' •:, ,' ' „.., ,.' ... • . te . • 'I' •,• : - • ': i' . .., •• 1:: ' ,) • '.• , - ' ...,:. !.' i . 7 5 Ell,' 1 • ,f: '., '..., . , , ...t, .• • 4- .. . • , 4 I. .. , . ORDINANCE NO. 4332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 SITE STANDARDS OF THE HUNTINGTON BEACH ZONING CODE AND SUBDIVISION ORDINANCE BY ADDING NEW SECTION 230.54 ENTITLED "SMOKE OR TOBACCO SHOPS" (ZONING TEXT AMENDMENT NO. 25-001) WHEREAS,pursuant to the California State Planning and Zoning Law,the Huntington Beach Planning Commission and Huntington Beach City Council have held separate,duly noticed public hearings to consider Zoning Text Amendment No. 25-001,which amends Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance involving Citywide site standards; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented,the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to add new Section 230.54 Entitled"Smoke and Tobacco Shops"to read as follows: 230.54 SMOKE OR TOBACCO SHOPS APPLICABILITY. This section applies to all smoke or tobacco shops permitted within this Zoning and Subdivision Ordinance and for all applicable areas•located within specific plans, subject to the following requirements: A. Definitions. Smoke or Tobacco Shop. Any premises dedicated to the display,sale, distribution, delivery, or offering of tobacco,tobacco products, or tobacco paraphernalia, except grocery stores, supermarkets, convenience stores, or similar uses that only sell conventional cigars, cigarettes, e-cigarettes or tobacco as an accessory tobacco sale use. "Accessory tobacco sale use" means an accessory use at a grocery store,supermarket, convenience store, or similar primary use, where no more than ten percent(10%)of a business' floor area is devoted to sales, display, and storage of conventional cigars, cigarettes, e-cigarettes or tobacco. Tobacco paraphernalia.Cigarette papers or wrappers,pipes,holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products. • 325 ORDINANCE NO.4332 Tobacco product. Any substance containing tobacco leaf,including,but not limited to, cigarettes, cigars,pipe tobacco,hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. Youth-populated area. A parcel in the City that is: 1. Occupied by a private or public kindergarten, elementary,middle,junior high, or high school; 2. Occupied by a licensed child-care facility or preschool as defined in California Health and Safety Code Section 1596.78; 3. Occupied by a library open to the public; 4. Occupied by a playground open to the public; 5. Occupied by a youth center; 6. Occupied by a recreational facility open to the public; or 7. Occupied by a park open to the public. B. Minimum Standards. Other Regulations. Compliance with all other state and federal laws regulating smoke or tobacco shops. Residential Zone. Smoke or tobacco shops shall not be permitted in any locations zoned exclusively for residential uses. Adjacent Uses. No smoke or tobacco shop shall be located within 1,000 feet of a hospital or youth-populated area. The distance requirement shall be measured by a straight line from the nearest point of the property line of the site of a youth-populated area to the nearest point of the property line of the site of the applicant's business premises. Concentration of Uses.No smoke or tobacco shop shall be located within 1,000 feet of another smoke or tobacco shop. The distance requirement shall be measured by a straight line from the property lines of each use. No Smoking on Premises.No smoking shall be permitted on the premises at any time. Windows and Lighting.No more than 20%of the visible area of a window shall be obscured and adequate interior lighting levels shall be maintained during business hours to maintain clear visibility of tobacco shop operations from the exterior of the tenant space. 2 25-15852/368428 • 326 ORDINANCE NO.402 Signage.Sindkeortobated shops VW,post clear sig,nage stating that mots may not enter the prethiSeslitilesa accompanied by a patent or legal guardian.„At least one sign shall be placed in a conspicuous ideation near each public entrance to the smoke or tobacco shop. It shall be 1.141a:wail for a smoke shop and tobacco store to fail to display and maintain,,or fail to; cause to:be divlayedorinaintain4 such.0page Nonconforming Retailers Existing smoke or tobacco shops that do comply with this - chapter may remain on site after the effective date of the ordinance and shall not be resumed, reestablished,or reopened after it has been abandoned,discontinued or changed to a conforming use. See Chapter 236„Nonconforining Uses and Structures. SECTION 2. All other proVisions of Cbapter'230 not modified herein shall rernairt in full forct ar4 4fe,t.t. SECTION 3 This ordinance shall become effective imniediately 5.6 days after its adoption. PASSED:OP ADOPTED by the City Council of the City cif Beachat a regular meeting thereof held on-the day Of Mayor ATTEST; APPROVED ASTO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED.: iCity Manager Dire tor of Community Deyelopmen3 25-15852/368428 327 oriNG70, e ' C{:rY QF -s HUNTINGTON BEACH h - --K-M City Council Meeting - Council Member Items Report To: City Council From: Casey McKeon, Council Member Date: September 3, 2024 Subject: Establish Tobacco Retailer Regulations ISSUE STATEMENT Tobacco use is the most preventable cause of disease,disability, and death in the United States; nearly one in five deaths in the U.S. can be attributed to cigarette smoking. Statistics show that tobacco product use is started and established primarily during adolescence. In 2023, 10 percent of middle and high school students reported current tobacco product use. E-cigarettes remained the most used tobacco product among youths. Among middle school and high school students who currently use e-cigarettes, 25.2 percent used e-cigarettes daily, and 89.4 percent used flavored e-cigarettes. The density of tobacco retailers, particularly in neighborhoods surrounding schools, has been associated with increased youth smoking rates. Studies further show that 41 percent of U.S. teens lived within .5 mile of a tobacco retailer and 44 percent attended schools within 1,000 feet of a tobacco retailer. Frequent exposure to tobacco retail displays has also been associated with increased smoking initiation among youth and negative impact on tobacco quit attempts. To reduce illegal sales of tobacco products to minors, California has recently passed policies to further regulate the sale of tobacco in the retail environment. Many cities and counties have passed additional policies to implement state laws and regulations.Some jurisdictions have placed restrictions on what retailers can and cannot sell and where retailers can be located in order to counter efforts to attract new (younger) customers. Several residents have reached out to me expressing concern over the proliferation and cluster of tobacco retailers, especially near youth populated areas. The Huntington Beach Zoning and Subdivision Ordinance (HBZSO) does not explicitly identify tobacco retailers (including smoke or tobacco shops) within the land use tables in the City's zoning districts; therefore,these uses may be permitted as general retail uses which are allowed by right. In light of the above statistics, the City should adopt an ordinance to regulate these uses by: • Defining the uses to be regulated o Define "tobacco retailers" o Define "tobacco product or paraphernalia" o Define"youth-populated area" 2000 Main Street,Huntington Beach,CA 92648 I www.huntingtonbeachca.gov 328 • Establishing minimum zoning standards for the land uses o Prohibit new tobacco retailers at any location exclusively zoned for residential use o Prohibit new tobacco retailers within a certain distance of youth-populated areas, including schools o Establishing minimum distance requirements between tobacco retailers RECOMMENDED ACTION Direct the City Manager to work with the City Attorney to prepare an Ordinance for introduction at a future City Council Meeting to amend the HBZSO to establish regulations for tobacco retailers Citywide. ENVIRONMENTAL STATUS This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations,Title 14, Chapter 3, because it has not potential for resulting in physical change to the environment, directly or indirectly. STRATEGIC PLAN GOAL Non Applicable- Administrative Item 2000 Main Street,Huntington Beach,CA 92648 I www.huntingtonbeachca.gov 329 PLANNING COMMISSION STAFF REPORT TO: Planning Commission FROM: Jennifer Villasenor, Director of Community Development BY: Joanna Cortez, Principal Planner SUBJECT: ZONING TEXT AMENDMENT NO. 25-001 (SMOKE/TOBACCO SHOP REGULATIONS) REQUEST: To amend four chapters of the Huntington Beach Zoning and Subdivision Ordinance to primarily introduce regulations for smoke/tobacco shops. The chapters to be amended are Chapter 204 (Use Classifications), Chapter 211 (C Commercial Districts), and Chapter 230 (Site Standards). Chapter 212 (I Industrial Districts) is also being amended to remove duplicate text. LOCATION: Citywide APPLICANT: City of Huntington Beach PROPERTY OWNER: Various RECOMMENDATION: That the Planning Commission take the following actions: A) Find the project exempt from additional environmental review pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. B) Recommend approval of Zoning Text Amendment (ZTA) No. 25-001 to the City Council with suggested findings (Attachment No. 1). ALTERNATIVE ACTION(S): A) Recommend denial of Zoning Text Amendment No. 25-001 with findings for denial; or B) Continue Zoning Text Amendment No. 25-001 and direct staff accordingly. PROJECT PROPOSAL: 330 Background: To reduce illegal sales of tobacco products to minors, California has passed policies to further regulate the sale of tobacco in the retail environment. Many cities and counties have passed additional policies to implement state laws and regulations. Some jurisdictions have placed restrictions on what retailers can and cannot sell and where retailers can be located in order to counter efforts to attract new (younger) customers. In an effort to prevent the proliferation and cluster of smoke or tobacco retailers, especially near youth populated areas, the City Council directed staff(Attachment No. 6) to draft the necessary amendments to the HBZSO to define and add regulations for smoke/tobacco shops within the City. ZTA No. 25-001 represents a request to amend and update certain sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to add regulations for these uses: • Chapter 204 (Use Classifications) • Chapter 211 (C Commercial Districts) • Chapter 230 (Site Standards) In addition to the proposed regulations, this ZTA also includes an amendment to Chapter 212 (I Industrial Districts) unrelated to smoke/tobacco shops. This portion of the ZTA will remove duplicative text within this chapter. Draft City Council ordinances with legislative drafts of the amendments to each chapter are provided (Attachment Nos. 2-5). In the legislative drafts, bold and underlined indicates new text; a eout indicates removal of text. ISSUES AND ANALYSIS: General Plan Conformance: The proposed zoning text amendment is consistent with the goals and policies of the City's General Plan including: Land Use Element: Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1(D): Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-2(D): Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. 331 Goal LU-11: Commercial land uses provide goods and services to meet regional and local needs. The proposed ZTA will define and regulate smoke/tobacco retail shops in a manner that will ensure new shops are compatible with surrounding uses. The proposed regulations will restrict smoke/tobacco shops to commercially zoned properties while prohibiting them in any primarily residentially zoned areas. Smoke/tobacco shops will be required to maintain a 500-foot separation from sensitive uses, such as hospitals and youth-oriented areas, as well as other smoke/tobacco shops. The proposed regulations will continue to allow tobacco/smoke shops to operate in designated areas of the city while meeting the community's desire of limiting the overexposure of this use to young people. The proposed amendment to Chapter 212 will removed duplicative text only and does not propose any changes to the land use controls or development standards of that chapter. Zoning Compliance: Zoning Text Amendment The following analysis provides a review of the proposed amendments in two sections consisting of an introduction of regulations for smoke/tobacco shops and minor language cleanup to delete duplicate information. A. Smoke/Tobacco Shops The HBZSO does not explicitly identify tobacco retailers (such as smoke/tobacco shops) within the land use tables in the City's zoning districts; therefore, these uses may be permitted as general retail uses which are allowed by right, with no additional regulations. The proposed ordinance regulates smoke/tobacco shops by amending three sections of the HBZSO, as discussed below. Section 230.54 Smoke or Tobacco Shops In effort to address the issues raised by the City Council such as concerns with high concentrations of smoke/tobacco shops adjacent to residential and youth populated area, a new code section was added to Chapter 230 (Site Standards) to introduce standards for smoke/tobacco retail shops. These standards include: • Specifying the allowable locations/zones for shops (Commercial General and Commercial Visitor zones as well as applicable commercial areas within specific plans) • Prohibiting use in locations zoned exclusively for residential uses • 500-foot separation from youth-populated areas and sensitive uses (hospitals) • 500-foot separation between other smoke/tobacco businesses to minimize an overconcentration 332 • Defining items applicable to smoke/tobacco shops such as "tobacco paraphernalia", "tobacco product" and "youth-populated areas" • Prohibiting smoking on premise • Window and lighting standards for improved visibility • Additional signage prohibiting minors • Process for non-conforming shops These new standards will continue to permit smoke/tobacco shops with regulations that ensure these uses are limited to commercial zones, away from residentially zoned areas. The proposed distance requirements will guarantee adequate separation from areas used by children and between other smoke/tobacco shops. Limiting the proximity of smoke/tobacco shops to youth-populated areas and similar retailers are place-based strategies recommended by health advocates to limit youth exposure to tobacco products. The new definitions will provide guidance in identifying the allowable items that may be sold within smoke/tobacco shops. "Youth-populated areas" are also defined in this amendment to list the areas which have a 500-foot distance requirement from smoke/tobacco shops. Some of these areas include all PreK-12 schools, child-care facilities, libraries, and parks. Windows and lighting standards have been added to ensure windows are not covered more than 20% and adequate lighting is available to see the interior of a store from the exterior. Clear signage will be required to be posted in these shops to prohibit unaccompanied minors from entering these businesses. Smoking on the premises is also prohibited with this amendment. • Finally, non-conforming shops will be permitted to remain unless the smoke/tobacco shop changes use or is abandoned or discontinued for six months as described in Chapter 236 (Nonconforming Uses and Structures) of the HBZSO. Section 204.10 Use Classifications The use classification of Retail Sales has been amended to include a separate listing for smoke/tobacco shop for the purposes of identifying allowable land uses subject to the smoke/tobacco shop regulations proposed in this amendment. Section 211.04 CO, CG, and CV Districts— Land Use Controls The land use control table has been amended to reflect the areas where smoke/tobacco shops may be permitted subject to the new regulations. B. Language Clarification and Cleanup The following item is amended for cleanup purposes unrelated to smoke/tobacco shops. 333 Section 212.04 IG, IL, and RT Districts— Land Use Controls The provisions listed after the land use control table of this section of the HBZSO have been deleted as they already exist in the following section of the code, Section 212.05 Additional Provisions. Environmental Status: ZTA No. 25-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. Coastal Status: The proposed amendment will be forwarded to the California Coastal Commission as a minor Local Coastal Program Amendment for certification. Other Departments Concerns and Requirements: The proposed amendments to the City's existing ordinance were prepared with input from the City Attorney's Office and the Code Enforcement Division. Public Notification: Legal notice was published in the Huntington Beach Wave on Wednesday, January 22, 2025, and notices were sent to individuals/organizations requesting notification (Planning Division's Notification Matrix). In lieu of sending notices to all property owners within the City, a minimum 1/8 page advertisement was published. As of February 4, 2025, no communication regarding this request has been received. SUMMARY: Staff recommends that the Planning Commission recommend approval of Zoning Text Amendment No. 25-001 with suggested findings and forward to the City Council based on the following: • It addresses a community need to prevent the proliferation and cluster of smoke/tobacco retailers, especially near youth populated areas; • Cleans up the HBZSO to improve clarity; and • Consistent with General Plan goals and policies. ATTACHMENTS: 1. Suggested Findings of Approval ZTA No. 25 001 2. HBZSO Chapt r 204TUse CI. isRtiens) Draft (Ordinance and I egislafive Draff 3. HBZSO Chapter 211 (C Commercial-Districts) Draft Ordinance and Legislative Dr-aft 4. HBZSO Chapter 212 (I Industrial Districts) Draft Ordinance and Legislative Draft 65. HBZ`OO C pter 2 0 (Side Standards) Draft rd Oinance and Leggislative Draft 6. City Council H Item datedSeptember 3, 2021 7. PowerPoint Presentation 334 From: Amory Hanson To: De Coite.Kim Subject: Supplemental Communication to Huntington Beach Planning Commission Date: Monday,February 10,2025 6:26:57 PM IYou don't often get email from amory.hanson2016@gmail.com.I earn why this is important I would like to express my support for the tobacco regulations zoning text amendment. Sincerely Yours, 1 Mr. Amory Hanson 335 -tr/.I.irdow 7,„n 141116. ZONING TEXT •s•ese...-I' CM G1, '�► *-46 cp R P O RA4 7 NI�s ''`► AMENDMENT IP --- - : ..-_-- ...._ .7::___ vo -.lop. 7k , v 11'' , 0 N 0 , 2 5 .0 0 1 , / ,, _ _ _ , --,.... _ a _ .,_ ___ . ___ __,__ : ,.. f SMOKE/TOBACCO SHOPS a , - -_____ : ! )icy k /-' - April 1 , 2025 o . o Al 0 0a 17 1909� ••• C \.> NT il 336 REQUEST • Zoning Text Amendment (ZTA) No. 25-001 : • Amend four chapters of the HBZSO • Smoke/Tobacco Shop Regulations • Define Smoke/Tobacco Shop • Prevent overconcentration of use • Reduce exposure to sensitive uses • Chapter 212 - Delete duplicate text ea t C bNTV „i 337 PURPOSE & BACKGROUND • Cities and counties have passed additional policies to implement state laws and regulations regarding tobacco retailers • Many jurisdictions restrict: • What retailers may sell • Where retailers may be located • Counter efforts to attract new (younger) customers • HBZSO does not identify tobacco retailers (smoke/tobacco shops) • Permitted by right • City Council directed staff to draft standards to regulate a,, these uses '<420/T a�` • • ai _ ' • s • ai a _ � 38 SMOKE/TOBACCO SHOPS • Section 204. 10 Use Classifications • Retail Sales amended to include the definition of smoke/tobacco shop • Identify use • Establish what may be sold under use classification • Section 211 .04 CO, CG, and CV Districts - Land Use Controls • Land use control table amended to identify where smoke/tobacco shops may be permitted ,,----_--_ 01 3 OUNTV tPi"" � sf 339 SMOKE/TOBACCO SHOPS CONT. • Section 230.54 Smoke/Tobacco Shops • Added standards to regulate newly defined Smoke/Tobacco Shops • Definitions • Lists items sold in shops • Defines youth-populated area • PreK-12 schools; child-care facilities, libraries; parks; youth centers (e.g. — Boys & Girls Club) • Location: • Limited to commercial zones; residential zones prohibited oF �Ns'"GT� mF; • Will continue to be allowed in zones where they are _, currently allowed :2 = Q °OUNTv 0a'i • 1 ,000-foot separation from hospitals and youth-populated '` SMOKE/TOBACCO SHOPS CONT. • Section 230.54 Smoke/Tobacco r PiI"1.'"'` ° °` Shops NOTICE • Site Standards CHILDREN • Signage to prohibit minors t - UNDERMUST BE fief . — • Visible window area and „N _ 1. r� , .° .�E �_ ACCOMPANIED - ``""""'�""' ,**" ' BY A PARENT interior lighting ,. � � � . OR LEGAL • Smoking prohibited on premise � _- AARDIA" • Nonconforming Shops The Sale of Tobacco Products to Persons Under 21 Years • Permitted unless of Age Is Prohibited by Law and Subject to Penalties • changes use; cannot revert To Report an Unlawful Tobacco Sale Call back 1 -800 5 ASK-4-ID a a„'"--'aa,•wa abandoned o r discontinued Valid Identification May Be Required ❑ t a • �mrin • Business and Professions Carlo Section 22952 21 U.S.0 3871((.11� 1O ClOmI,vv1Ca`s INN;Ift,64 4"r Il'atlYalr vWbi Wi1@I�R10q/:fYNI n inns sop moat Dereadable6ytheconsumer and mush 4be altered, .iIrritno atIsae1....re 9,y,w covered or ebli ersted In whale ar In part 0 mxw�ca'sactam, 341 RECOMMENDATION • Planning Commission and Staff recommend approval of Zoning Text Amendment No. 25-001 based on the following : • Consistent with General Plan goals and policies. • Cleans up the HBZSO to improve clarity; • It addresses community need to prevent the proliferation and cluster of smoke/tobacco retailers, especially near youth populated areas ��liIN6T� y _ 1 1817AiiV cP`io� 4< }-t; is ci 1 # E ')v 4. 40 4 t ."x,• r o f ' 4 ^e t '.art`+ t f 'k..li' A. 0„,• CFI) C 0 ■milli (lin lea m 1 i r'0141.iNcr 2000 Main Street, C ; „;;;F o2��; Huntington Beach,CA 92648 City of Huntington Beach PUBLIC HEARING OPENED :lie' Q�� AND CONTINUED TO 4/1/25 APPROVED 6-0-1 (McKEON—ABSENT) File#: 25-143 MEETING DATE: 3/18/2025 • REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, City Manager VIA: Jennifer Villasenor, Director of Community Development PREPARED BY: Joanna Cortez, Principal Planner Subiect: Approve Zoning Text Amendment No. 25-001 (Smoke/Tobacco Shop Regulations) by approving for the introduction of Ordinance Nos. 4331, 4332, 4333, and 4334 Statement of Issue: Transmitted for City Council's consideration is Zoning Text Amendment (ZTA) No. 25-001, a City Council initiated request to amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to introduce regulations for smoke/tobacco shops within the City. The request also includes _ an amendment to remove duplicate information within the zoning ordinance. The Planning Commission and staff recommend approval of the request. - Financial Impact: Not Applicable Recommended Action: • A) Find Zoning Text Amendment No. 25-001 exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning . ordinance that does not change the development standards intensity or density; and, B) Approve Zoning Text Amendment No. 25-001 with findings (Attachment No. 1) and approve for introduction: 1. Ordinance No. 4331, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)"; (Attachment No. 2) 2. Ordinance No. 4334, "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. 25-001)"; (Attachment No. 3) 3. Ordinance No. 4333, "An Ordinance of the City Council of the City of Huntington Beach City of Huntington Beach Page 1 of 3 Printed on 3/12/2025 powered by Legistar'' 154 File#: 25-143 MEETING DATE: 3/18/2025 Amending Chapter 212 I Industrial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)"; (Attachment No. 4) 4. Ordinance No. 4332, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230 Site Standards of the Huntington Beach Zoning Code and Subdivision Ordinance (Zoning Text Amendment No. 25-001)"; (Attachment No. 5) Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: -- ZTA No. 25-001 represents a request to amend and update certain sections of the Huntington: Beach Zoning and Subdivision Ordinance (HBZSO) to define and add regulations for smoke/tobacco shops within the City. In addition to the proposed regulations, this ZTA also includes an amendment, unrelated to smoke/tobacco shops, to remove duplicative text within the. • HBZSO. B. BACKGROUND: To reduce illegal sales of tobacco products to minors, California has passed policies to further regulate the sale of tobacco in the retail environment. Many jurisdictions have passed additional policies to implement state laws and regulations including restrictions on what retailers can and cannot sell and where retailers can be located in order to counter efforts to attract new (younger) customers. To prevent the proliferation and cluster of smoke or tobacco retailers, especially near youth populated areas, on September 3, 2024, the City Council directed staff (Attachment No. 6) to draft the necessary amendments to the HBZSO to define and add regulations for smoke/tobacco shops within the City. C. PLANNING COMMISSION MEETING AND RECOMMENDATION: On February 11, 2025, the Planning Commission held a public hearing on the ZTA. There was one speaker/comment in support of the item (Attachment No. 8). The Planning Commission: recommended approval of the request to the City Council with the following modifications: • Chapter 211: The new provision letter in the land use table was amended from letter "P" to letter"DD" • Chapter 230: The minimum distance requirement from smoke/tobacco shops to youth- populated areas and between smoke/tobacco shops was modified from 500 feet to 1,000 feet.. Planning Commission Action on February 11, 2025: A motion was made by Thienes, seconded by Goldberg, to recommend to the City Council approval of ZTA No. 25-001 carried by the following vote: AYES: Thienes, Goldberg, Pellman, Wood, Bush, Babineau, McGee . NOES: None ABSTAIN: None . ABSENT: None City of Huntington Beach Page 2 of 3 Printed on 3/1212025 powered by LegistarTM 155 File#: 25-143 MEETING DATE: 3/18/2025 MOTION PASSED D. STAFF ANALYSIS: The February 11, 2025, Planning Commission staff report provides a more detailed description and analysis of the proposed ZTA (Attachment No. 7). In summary, staff and the Planning Commission recommend approval of ZTA No. 25-001 based on the following reasons: 1. It addresses a•community need to prevent the proliferation and cluster of smoke/tobacco retailers, especially near youth-populated areas; 2. Cleans up the HBZSO to improve clarity; and 3. Is consistent with General Plan goals and policies. Environmental Status: ZTA No. 25-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density Strategic Plan Goal: Non Applicable -Administrative Item Attachment(s): 1. Suggested Findings of Approval -ZTA 25-001 2. HBZSO Chapter 204 (Use Classifications) Draft Ordinance No. 4331 and Legislative Draft 3. HBZSO Chapter 211 (C Commercial Districts) Draft Ordinance No. 4334 and Legislative Draft . -. 4. HBZSO Chapter 212 (I Industrial Districts) Draft Ordinance No. 4333 and Legislative Draft 5. HBZSO Chapter 230 (Site Standards) Draft Ordinance No. 4332 6. City Council H-Item dated September 3, 2024 7. February 11, 2025, Planning Commission Staff Report 8. Supplemental Communication received and dated February 10, 2025 9. PowerPoint Presentation City of Huntington Beach Page 3 of 3 Printed on 3/12/2025 powered by LegistarTM.156 City Council/Public Financing ACTION AGENDA March 18,2025 Authority amount of$242,967.80, for the construction of a fiber optic communication system for traffic signal communication along Bolsa Chica Street corridor (CC-1622) Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Crosstown Electrical& Data, Inc., in the amount of$242,967.80; and Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Approved 6-0-1 (McKeon-Absent) PUBLIC HEARING 19. 25-143 Continued to April 1, 2025 Approve Zoning Text Amendment No. 25- 001 (Smoke/Tobacco Shop Regulations) by approving for the introduction of Ordinance Nos. 4331, 4332, 4333, and 4334 Recommended Action: request is endment to the z ordinance that does not change the 1. Ordinance No.'1331, "An Ordinance of the City Council of the City of Huntington Beach Subdivision Ordinance (Zoning Text Amendment No. 25 001)"; (Attachment No. 2) 2. Ordinance No.4334, "An Ordinance of the City Council of the City of Huntington Beach 3. Ordinance No.4333, "An Ordinance of the City Council of the City of Huntington Beach Subbdi isiA O d (Zo T xt a en i ent�Ne���-00�1�llttashment e. Subdivision Ordinance (Zoning Text Amendment No. 25 001)"; (Attachment No. 5) Public Hearing opened and Continued to April 1, 2025 Approved 6-0-1 (McKeon-Absent) ADMINISTRATIVE ITEMS (CONTINUED) 20. 25-202 Adopted Resolution No. 2025-26 appointing Robert Torrez as Interim Chief Financial Officer and approving the Employment Agreement. Page 7 of 7 ATTACHMENT NO. 1 SUGGESTED FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 25-001 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: Zoning Text Amendment (ZTA) No. 25-001 is categorically exempt pursuant to City, Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. SUGGESTED FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 25-001: 1. Zoning Text Amendment No. 25-001 is to amend four chapters of the Huntington Beach Zoning and Subdivision Ordinance to primarily introduce regulations for smoke/tobacco shops. The chapters to be amended are Chapter 204 (Use Classifications), Chapter 211 (C Commercial Districts), and Chapter 230 (Site Standards). Chapter 212 (I Industrial Districts) is also being amended to remove duplicate text. The proposed zoning text amendment is consistent with the goals and policies of the City's General Plan including: Land Use Element: Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consist with the overall goals and needs of the community. Policy LU-1(D): Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-2(D): Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Goal LU-11: Commercial land uses provide goods and services to meet regional and local needs. The proposed ZTA will define and regulate smoke/tobacco retail shops in a manner that will ensure new shops are compatible with surrounding uses. The proposed regulations will limit - this use to commercially zoned properties while prohibiting them in any primarily residentially zoned areas. Smoke/tobacco shops will maintain a 1,000-foot separation from sensitive uses, such as hospitals and youth-oriented areas, as well as other smoke/tobacco shops. These regulations will allow these types of commercial goods and services to operate in designated . areas of the city while meeting the community's desire of limiting the overexposure of this use to young people. The proposed text cleanup will provide greater customer service as it will provide residents and business owners a clear understanding of permitted uses within the industrial zone. 157 2. Zoning Text Amendment No. 25-001 is compatible with the uses authorized in, and the standards prescribed for the zoning district for which it is proposed because it primarily revises the processing of an existing use and clarifies a section of the HBZSO. The revisions that have been added or clarified will not change the character of the base zoning district and the uses authorized therein. _3. A community need is demonstrated for the changes proposed because there is a constant community desire to ensure compatibility of uses between different zoning areas and ensure. the HBZSO is clear, current, and proactive with conflicts in the code. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning - practice because ZTA No. 25-001 ensures the HBZSO is clear, current, and proactive with • conflicts in the code, and reflective of the City's ongoing effort to improve customer service.- - 158 ORDINANCE NO. 4331 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204 USE CLASSIFICATIONS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO.25-001) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate,duly noticed public hearings to consider Zoning Text Amendment No. 25-001, which amends Chapter 204 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 204 of the Huntington Beach Zoning Code is hereby amended- to read as follows: 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. 25-15852/37222 - 1 159 ORDINANCE NO.4331 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 café having more than four coin-operated game machines; 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. I. 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. 25-15852/372222 2 160 ORDINANCE NO.433 I 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-through. 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/Dancing. 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 Iaboratory 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. 25-15852/372222 3 161 ORDINANCE NO.4331 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, nonsurgical 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 Chapter 5.24. 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), and smoke or tobacco shops as regulated by Section 230.54. 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. 25-15852/372222 4 162 ORDINANCE NO.4331 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 Parking Facility. 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. 25-15852/372222 5 163 ORDINANCE NO.4331 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. 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 1351(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. - 25-15852/372222 6 164 ORDINANCE NO;4331 4.. FTActiorW OwnershiptioteL Fatuity Odniight.*Ititor .accommodations Where at least some of tho guestrooms(units)within the facility are owned separately by multiple owners on a fractional tiMebasia.„.Afiattional tune basis means that an owner receives exclusive right to 146 of the iri.0.444 unit for a certain quantity of days per year and each unit available for fractional ownership wilt havennple,OWneta. lit Warehouse and Sales Outlets linSitieSSes,whiCh store large inventories of goods in indnatrialTstylehaildings Where these goods are not produced on the Site but are offered to-thepublic for:sale. JJ Quasi ReSidentiaL I. Residential Hotels.Buildiigs with six&mote guest roonis:without kitehen, facilities in individual rooms,or kitchen facilities for the exclusive use of guests, and whieh are intended for:09:MR3:CY on a.weeldy Or incintlilY basis. 2. Single Room Occupancy Buildings designed as a residential 1104 consisting,of a - cluster of guest units providing sleeping and,living facilities in which gmlitost facilities and cooking facilities are provided within eadtr*tenancies are '$,veekly or monthly., 3. TirneShate.Any arrangement,plan,;qrsirnilar pro ,other than an exchange program,whereby a purchaser receives ownership tights_in or the.right to use accommodations for wppi104 of dine less than a full year during any toen on a recurring basis for more than one;year,but not necessarily for consecutive years. SECTION Z All other provisions of Chapter 204 notmodified herein shall remain in full force and effect. SECTION 3 This ordinance shallrbecOme effective immediately 30 days after its adoption, PASSED AND ADOPTED by the City:Council of the,City of kfulitingi:On Beach at a regular:meeting 010001104 oo Oay-Of ;2025. Mayor A it.EST: APPROVED AS,T.. fORni • City Clerk orney -Z -1 $42/37.22,12 7 - 165 ORDINANCE 10,4331 :MVIEWED AND APPROVED: iNtriATE1)AM)/VOROVED: Citylk4mager Dittddi cif Oanthitillity Doveciroont • ;' • 2545852/372222 8 166 LEGISLATIVE DRAFT mg;cifilcorElk244 Chapter 204 20410 Comnierdat Ute Classificatieha A. Ambulance Services Provision of emergency medical care or ttansOrtatiOni:sinaluding: incidental:storageancl:MainteharideobiebielaSas regulated by Ohapter 540., $a .san $ ices. Boarding. :Provisioe of shelter and care for small sminials on a commercial basis.This classification includes activities such aa fea4ing;,e*arciiing.,:grOOroing, and incidental medicalicare,and kennel's. 2.: Animal Grooming. Provision of bathing and trimming solaces for small, orifroi on a commercial basis This celaWAtalion includes boarding for pia404.of 4$boors, • 1 !3., Animal Hospitals. Establishments where small:animals receive mediCal and surgical treatment This classification includes Only facilities that are entirely enclosed, soundproofed,and Grooming arid temporary•(MaXiniutilla.dayS)boarding of animals are included,if incidental to the hospital use. 4, Animals,Retail Sales. Retail sales:04 boarding of smaltaniinal$,-proVidedsteh - activities lake 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 481.1.0ms,, :Eauest r ion Centers. Establishments*Mome.facilities for instruction in - ‘i• • , horseixtek ridintineludingrings,stables,and0E0st areas. 4. Pet Cemetery. Land used or:jut-04W to be used for:4110'40m Of WO*,ashes - - or remains of dead animals,including placement or erection of markers,headstones or ruouuroorts,olitt Ina riluca • ; C. Artists'Studios.Work space for sit*and artisans,including individuals practicing one - of the fine arts otparfOr ,orEjUè4in an applied art or prat. I 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 citOnintinn:of cash moneyIt also includes businesses offering cheek-. 0414 With Drive-up Service Institutions providing services.4o0 .501o10-potsoOs 1,411.0 remain in theft :44t0tricih/4 E. Building Materials and Stokes Retailing,wholesaling,oriental:of building:supplies or equipment.This classification includes lutriliet yards,tool and equipment sales oriental 167 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 café having more than four coin-operated game machines;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. I. 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-through. 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/Dancing. 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 168 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. 169 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,nonsurgical 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 Chapter 5.24. 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,surfmg 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):,smoke or tobacco shops as regulated by Section 230.54.. 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. BR 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. 170 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 Parking Facility.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. 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 171 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 1351(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. 172 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. • • 173 ORDINANCE NO.4334 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. 25-001) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate,duly noticed public hearings to consider Zoning Text Amendment No. 25-001, 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 25-15852/368549 1 174 ORDINANCE NO.4334 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 - g Y 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 25-15852/368549 2 • 175 ORDINANCE NO.4334 CO CG CV Additional Provisions Animal Boarding - ZA - Animal Grooming - P - Animal Hospitals - ZA - Animals—Retail Sales - P - Equestrian Centers(CG Zone) - PC - (S) Pet Cemetery - PC - Artists' Studios P P P Banks and Savings&Loans P P P With Drive-Up Service P P P Building Materials and Services - P - Catering Services _P P P Commercial Filming P P P (F) Commercial Recreation and Entertainment - PC PC (D) Communication Facilities L-13 L-13 L-13 Eating and Drinking Establishments 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-I - 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)(DD) 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&RentaIs L-15 L-15 - 25-15852/368549 3 176 ORDINANCE NO.4334 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 Trade Fairs Nonconforming Uses (G)(J)(V) 211.05. 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. 25-15852/368549 4 177 ORDINANCE NO.4334 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 200square 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. 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. 25-15852/368349 5 178 ORDINANCE NO.4334 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, Gambling Chapter 9.32,Pool and Billiard Halls. 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,Dance Halls; Chapter 5.44,Entertainment Permits; and Chapter 5.70, Sex-Oriented 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. 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. 25-15852/368549 6 • 179 ORDINANCE NO.4334 3. Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. O. 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. 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 25-15852/368549 7 180 j ORDINANCE NO.4314 material.The wall 0*#include a minimum ten foot return on all sides.The wall shall not: be less than*feet in height and set back a minimum 10 feet from 400114 streets With 'the entire setbackgreli permanently landscaped and maintained. CC, Storage areas shall be screellPd.fromYtew on all:,sides adjacent to a P0110;4174-9f-14m.y by a solid wall made Of either block,iiiasohry;„WOO,Any'or Other similar' iriaterial,,The wall shall include a minimum lP-foot*turn on all sides. The wall shall not be less than six feet in hoightAnd:Set.back a minimum JO feet from abutting: ttOos with the entire setback area permanently landscaped and maintained Screening on the remaining sides shall:beevaltiated based on proposed Siteeeriditiona as cletertained chiring the:entitlethent , process,. DI/ See Section 230;54,Smoke or Tobacco Shops, SECTION 2.All other provisions of this Chapter 211 not modified herein shall remain in • full force Atli:rated. SECTION 3 This ordinance sliajj become effective immediately '30 days after its Adoption.. :PASSED AND ADOPTED by the City Council of the City of Huntington Beach g a tdgittai,inOetittg,ti*ttorh4a on the dqy of :„ 2025, • Mayor ATTEST: API AS'TO FORK City Clerk Ocr.15. 'Chit Attorney ;REVIEWED AND APPROVED: ,INITIATEDAND APPROVED:, qty MOiiag*. leejrolf(kintrinnity..DeVeloptnent • 25-,:t852/36$549 8, 181 LEGISLATIVE DRAFT RUC CHAPTER 211 Chapter 212 211.04 CO.CG.and CV Districts—Land Use Controls In the following schedules,letter designations are used as follows: "P"designates use classifications permhted in the Industrial Districts. "L"designates use classifications subject to certain limitations prescribed by the"Additional Provisions"Which. "PC"designates use classifications pemnIted on app,roval of a cot use permit b-y the Planning Commission. "ZA"'designates use classifications permitted on approval of a conditional use permit by the Zoning Admirdstrator. "TU"designates use classifications allowed upon approval of a temporary use permit by the Zoning Administlator, "PAP for an accessory use means that theuseis permitted on,the site of a permitted use,but ref:infra,a coniii.ilonal usepennit on the site ofa conditionaluse. "Neighborhood Notification"refers to use classifications that require an Administrative Perna by the Director Use Oaqsifications that are not listed are prohibited.Letters in parentheses in the, "Additional Provisions"column refer to requirements following the schedule or located elsewhere in this zoning cede Where letters in parentheses are opposite a use classification. .heading,referencedprovisions shall apply to alit=classifications wider the heAding, 1Gi IL,and RT Districts:Land'Use Controls P=Permitted L=Limited(see Additional Provisions) PC Conditional use Penult aPPruved by Planning Commission ZA.=Conditional use permit approved by&mine Administrator TU=Temporary use permit 1 P/U=Requites conditional use permit on site of conditional use =--Notremitted _ J 182 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-I I - 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 Animal Boarding - ZA - Animal Grooming - P - Animal Hospitals - ZA - Animals—Retail Sales - P - Equestrian Centers(CG Zone) - PC - (S) Pet Cemetery - PC - Artists'Studios P P P Banks and Savings&Loans• P P P With Drive-Up Service P P P Building Materials and Services - P - Catering Services P P P Commercial Filming P P P (F) Commercial Recreation and Entertainment - PC PC (D) Communication Facilities L-13 L-13 L-13 Eating and Drinking Establishments 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) 183 CO CG CV Additional Provisions 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)(VXDD) 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 - U.S - 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 - 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 - 184 CO CG C8r Additional Provisions.. :Commercial J ilmingg Limited - P P ; Real Sales P P . ..... P Retail'Sales,Outdo©' - TU= Ti5 . Seasonal.Sales TU TU TU (M) Tent Event ,P Trade Fairs - P NonconformingUses (GXJXV) 211.05 CO CM:arid CV Districts—Additional Provision L-1 Permitted:if die space>is 5,000:square feet_or less,allowed with Neighborhood Notiification pursuant to:Chapter 141 if the laboratory spate 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 Planing Commission if the:: space exceeds 5 Q00 square feet. (See-Section.238.$2,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 rise permit from the Planning Commission if tho. Space exceeds.,2,500 square feet I,=4 Reserved:. L-5 Only hniited facilities are allowed subjeet;tcvapproval of a conditional:use permit from the Zoning Administrator,and body and fender shops are permitted only as part of a.comprehensive automobile seance,complex operated•by anew vehicle dealer: I.-6 Only facilities,as:described in use classifications,-are permitted,With a maximum seven persons employed full dine in processing or treating retail products,limited to those sold on the premises, l-?Repeated:. L-8 On site skit age=:,limited'to two rental ca,s,cr two cars for lease: L-9 Public facilities permitted,but,a conditional use::permit fromthe=Zoning:Administrator is' required for commercial foe'litres. ' T,-10 Permitted if the space;is;5,000 square feet or less, allowed with Administrative Permit approval if space exceects 5,000;square feet. In addition,personal enrichment uses:within a retail building parked.at a,ratio of one space'per 200square:feet,:shall;require.no additionalpark ng:provided.-Elie use complies With the.following: • Maximum number o f persons per.classrooth does not:exceed the number of parking spaces allocated to the suite based;upotthe.sgt re fogtage of the.building;and. 185 • 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. 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,Gambling Chapter 9.32,Pool and Billiard Halls. 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,Dance Halls; Chapter 5.44,Entertainment Permits; and Chapter 5.70, Sex-Oriented Businesses. 186 T. 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. 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. O. 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. 187 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. 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. DD. See Section 230.54, Smoke or Tobacco Shops 188 ORDINANCE NO. 4333 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 212 I INDUSTRIAL DISTRICTS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 25-001) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate,duly noticed public hearings to consider Zoning Text Amendment No. 25-001, which amends Chapter 212 of the Huntington Beach Zoning and Subdivision Ordinance. After due consideration of the findings and recommendations of the Planning Commission that the aforesaid amendment is proper and all other evidence presented, the City Council findsp p 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 212 of the Huntington Beach Zoning Code is hereby amended to read as follows: 212.04 IG,IL,and RT 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 25-15852/368430 1 189 ORDINANCE NO.4333 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. IG,IL, and RT 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 Additional IG IL RT Provisions - Residential Group Residential PC PC PC (I) Public and Semipublic (A)(L) Community and Human Service Facilities P P P (K) Day Care,General ZA ZA ZA Heliports PC PC PC (N) Maintenance & Service Facilities ZA ZA ZA Public Safety Facilities P P P Religious Assembly ZA ZA ZA Schools, Public or Private L-6 L-6 L-6 Utilities, Major PC PC PC Utilities, Minor L-7 L-7 L-7 (0) Commercial Uses (D)(L) Ambulance Services ZA ZA ZA Animal Sales and Services Animal Boarding ZA ZA ZA Animal Hospitals ZA ZA ZA Artists' Studios P P P Banks and Savings and Loans L-1 L-1 L-1 Building Materials and Services P P P Catering Services - P P 25-15852/368430 2 190 ORDINANCE NO.4333 Additional IG IL RT Provisions Commercial Filming ZA ZA ZA Commercial Recreation and Entertainment L-2 L-2 PC Communication Facilities L-12 L-12 L-12 Eating& Drinking Establishments L-2 L-2 L-2 w/Live Entertainment ZA ZA ZA (R) w/Alcohol ZA ZA ZA Food&Beverage Sales ZA ZA ZA Hospitals and Medical Clinics - PC PC Laboratories P P P Maintenance&Repair Services P P P Marine Sales and Services P P P , Nurseries P P P Offices, Business&Professional L-10 L-10 L-10 (C) Personal Enrichment L-9 L-9 L-9 _ Personal Services L-1 L-1 L-1 Quasi-Residential PC PC PC (J) Research &Development Services P P P Sex-Oriented Businesses (regulated by Ch. L-11 L-11 5.70) L-11 Sex-Oriented Businesses(regulated by Ch. PC PC (Q) 5.60) PC Swap Meets, Indoor/Flea Markets PC PC PC (P) Vehicle/Equipment Sales& Services Service Stations L-4 L-4 L-4 Vehicle/Equipment Repair P P P Vehicle/Equipment Sales/Rentals L-5 L-5 L-5 Vehicle Storage, Impound Yards PC PC PC (T) Vehicle Storage, Off-Site Auto Dealers P/ZA P/ZA P/ZA (H)(U)(W) Vehicle Storage,Recreational Vehicles P/ZA P/ZA P/ZA (H)(V) Visitor Accommodations ZA ZA ZA • Warehouse and Sales Outlets L-8 L-8 L-8 Industrial(See Chapter 204) (B)(L)(M) Industry, Custom P P P Industry, General P P P Industry, Limited P P P Industry, R& D P P P Wholesaling,Distribution&Storage 150,000 square feet or less P P P Greater than 150,000 square feet P P ZA RT Flex Space - - P 25-15852/368430 3 191 ORIThrANCE NO,4353 Additional ProidniOns Alcoholic Beverage;ftfinufaeturing P P P (L-13) Accessory Uses Accesses Usca StrUCtUreS WU Mi (C) Teimporati Uses Conmercial Fihrting,Limited P P P (S) Real Estate Sales P P P Trade Fairs P. P* P :(F) Nonconforming Uses I SECTION-Z All other provisions of Chapter 212 pot-modiffted harem shall,remain in full force and effect, SECTION 5. This ordinance;shall'become effective immediately 30 days after its adoption, PA$SED AND ADOPTED by the City'council of the City'of Huntingtan Beach at n. iegular meeting thOeof held on the day,of ,2025. Mayor ATIEST; APPI3OVED AL5,TO.P,OltiVi:, t4.1= ‘ ,City ierk City Attorney ItEVIEWB.PA19:DAIPTt.OVg1):. INTTIATEDA.NDAPPIkOVE.b: City Iviartager ,e or of Community Development 2545852/368430 4 192 LEGISLATIVE DRAFT HBZC CHAPTER 212 Chapter 212 212.04 /G.IL and RT Districts—Land Use Controls, In the following schedule&letter designations are used as follows: "P"designates use classifications permitted in the Industrial Districts "V'designates use classifications subject to certain limitations prescribed by the"Additional Provisions"'which fellow. "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 Adirtinistrator, "TIP designates use classifications allowed upon approval of a temporary use permit by the • Ding Administrator. "Pill"for an accessory use means&Aube use is perniitted on the site of permitted use,but requires a conditional use permit on the site of sconditional use. "Neighborhood Notification"refers to 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 requirements following the schedule or located elsewhere in this zoning code.Where letters in parentheses are opposite a:use classification heading,referenced provisions shall apply to all use classifications under the heading. WI ILI and RT'Districts:Land Use Contrats‘ P Permitted L=Limited(see Additional Throvisions) PC-•=,-Conditional use permit approved by Planning Commission ZA=Conditional use perntit approved by Zoning Administrator TU,-=',Temporary-we permit WU=ltequires conditional use permit on site of conditional use - Not Permitted. 193 Additional IG IL RT Provisions Residential Group Residential PC PC PC (I) Public and Semipublic (A)(L) Community and Human Service Facilities P P P (K) Day Care, General ZA ZA ZA Heliports PC PC PC (N) Maintenance&Service Facilities ZA ZA ZA Public Safety Facilities P P P Religious Assembly ZA ZA ZA Schools, Public or Private L-6 L-6 L-6 Utilities,Major PC PC PC Utilities,Minor L-7 L-7 L-7 (0) Commercial Uses (D)(L) Ambulance Services ZA ZA ZA Animal Sales and Services Animal Boarding ZA ZA ZA Animal Hospitals ZA ZA ZA Artists' Studios P P P Banks and Savings and Loans L-1 L-1 L-1 Building Materials and Services P P P Catering Services - P P Commercial Filming ZA ZA ZA Commercial Recreation and Entertainment L-2 L-2 PC Communication Facilities L-12 L-12 L-12 Eating&Drinking Establishments L-2 L-2 L-2 w/Live Entertainment ZA ZA ZA (R) w/Alcohol ZA ZA ZA Food& Beverage Sales ZA ZA ZA Hospitals and Medical Clinics - PC PC Laboratories P P P Maintenance&Repair Services P P P Marine Sales and Services P P P Nurseries P P P Offices, Business&Professional L-10 L-10 L-10 (C) Personal Enrichment L-9 L-9 L-9 Personal Services L-1 L-1 L-1 Quasi-Residential PC PC PC (J) Research&Development Services P P P 194 Additional IG IL RT Provisions Sex-Oriented Businesses(regulated by Ch. L-1 1 L-11 5.70) L-11 Sex-Oriented Businesses(regulated by Ch. PC PC (Q) 5.60) PC Swap Meets,Indoor/Flea Markets PC PC PC (P) Vehicle/Equipment Sales &Services Service Stations L-4 L-4 L-4• Vehicle/Equipment Repair P P P Vehicle/Equipment Sales/Rentals L-5 L-5 L-5 Vehicle Storage,Impound Yards PC PC PC (T) Vehicle Storage, Off-Site Auto Dealers P/ZA P/ZA P/ZA (H)(U)(W) - Vehicle Storage,Recreational Vehicles P/ZA P/ZA P/ZA (H)(V) Visitor Accommodations ZA ZA ZA Warehouse and Sales Outlets L-8 L-8 L-8 Industrial(See Chapter 204) (B)(L)(M) Industry,Custom P P P Industry, General P P P Industry,Limited P P P Industry,R&D P P P Wholesaling,Distribution& Storage 150,000 square feet or less P P P . Greater than 150,000 square feet P P ZA RT Flex Space - - P Alcoholic Beverage Manufacturing P P P (L-13) Accessory Uses Accessory Uses and Structures P/U P/U P/U (C) Temporary Uses Commercial Filming,Limited P P P (S) Real Estate Sales P P P Trade Fairs P P P (E) Nonconforming Uses (F) A. 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" 1: .. • 4;" ; • ' ' :' • ‘d *•'' 4°' I ' '' '•i •4'..• ' * : * '' ' • . it: •. - :' ' ORDINANCE NO. 4332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 SITE STANDARDS OF THE HUNTINGTON BEACH ZONING CODE AND SUBDIVISION ORDINANCE BY ADDING NEW SECTION 230.54 ENTITLED"SMOKE OR TOBACCO SHOPS" (ZONING TEXT AMENDMENT NO. 25-001) WHEREAS,pursuant to the California State Planning and Zoning Law,the Huntington Beach Planning Commission and Huntington Beach City Council have held separate,duly noticed public hearings to consider Zoning Text Amendment No. 25-001, which amends Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance involving Citywide site standards; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented,the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to add new Section 230.54 Entitled"Smoke and Tobacco Shops"to read as follows: 230.54 SMOKE OR TOBACCO SHOPS APPLICABILITY. This section applies to all smoke or tobacco shops permitted within this - Zoning and Subdivision Ordinance and for all applicable areas located within specific plans, subject to the following requirements: A. Definitions. Smoke or Tobacco Shop.Any premises dedicated to the display,sale, distribution, delivery, or offering of tobacco,tobacco products,or tobacco paraphernalia, except grocery stores, supermarkets, convenience stores,or similar uses that only sell conventional cigars, cigarettes, e-cigarettes or tobacco as an accessory tobacco sale use. "Accessory tobacco sale use" means an accessory use at a grocery store,supermarket, convenience store,or similar primary use,where no more than ten percent(10%)of a business' floor area is devoted to sales, display, and storage of conventional cigars,cigarettes,e-cigarettes or tobacco. Tobacco paraphernalia.Cigarette papers or wrappers,pipes,holders of smoking materials of all types,cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products. 202 ORDINANCE NO. 4332 Tobacco product.Any substance containing tobacco leaf,including, but not limited to, cigarettes, cigars,pipe tobacco, hookah tobacco,snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. Youth-populated area. A parcel in the City that is: 1. Occupied by a private or public kindergarten, elementary,middle,junior high, or high school; 2. Occupied by a licensed child-care facility or preschool as defined in California Health and Safety Code Section 1596.78; 3. Occupied by a library open to the public; 4. Occupied by a playground open to the public; - 5. Occupied by a youth center; • 6. Occupied by a recreational facility open to the public; or 7. Occupied by a park open to the public. B. Minimum Standards. Other Regulations. Compliance with all other state and federal laws regulating smoke or tobacco shops. Residential Zone. Smoke or tobacco shops shall not be permitted in any locations zoned exclusively for residential uses. Adjacent Uses.No smoke or tobacco shop shall be located within 1,000 feet of.a hospital or youth-populated area. The distance requirement shall be measured by a straight line from the nearest point of the property line of the site of a youth-populated area to the nearest point of the property line of the site of the applicant's business premises. Concentration of Uses.No smoke or tobacco shop shall be located within 1,000 feet of another smoke or tobacco shop. The distance requirement shall be measured by a straight line from the property lines of each use. No Smoking on Premises.No smoking shall be permitted on the premises at any time. Windows and Lighting.No more than 20%of the visible area of a window shall be obscured and adequate interior lighting levels shall be maintained during business hours to maintain clear visibility of tobacco shop operations from the exterior of the tenant space. 2 25-15852/368428 • 203 ORDINANCE NO:4332 Signage.Smekedi tbbacto shops Shall post clear Signage stating that minors may not 'enter the premises unless accompanied by a parent or legal guardian.,At least one such sign shall be placed in a conspicuous ideation near each public entrance to the smoke or tobacco shop.It shall be unlawful for a smoke shepandtobace0‘store to fail to display and maintain„ or fait to: cause to be displayed or*iiitainedi such signage. Nonconforming Retailers.Existing:smdke,or tobacco shops:that de not comply-with this chapter may remain on site after the effective date of the ordinance and shalt not be resumed,: reestablished,or reopened after it has been abandoned,discontinued or changed to a conforming' use. See Chapter 236,,,Nonconforming Uses and StrUctures. SECTION 2, Ali other provisions of Chapter 230 not modified herein shall remain in full foNe and effect; SECTION:3, This ordinance shall become effective imMediately1(Ydays after its adoption. PASSEa.AND ADOPTED by the City Council of the City ofgurgingtonEteach at a regular Meeting thereof held on the day Mayor APPROVED A&To FORM: City Clerk City Attorney REVIEWED AND AlsPROVE. El; INITIATED AN AIVROVED; 4//0,;K City Manager Dire tor f conniuMtyDevelopment 3 2545852/368428 204 f"r yv ,'© ��°',4r 4� CITY OF 9 ti HUNTINGTON BEACH City Council Meeting — Council Member Items Report To: City Council From: Casey McKeon, Council Member Date: September 3, 2024 Subject: Establish Tobacco Retailer Regulations ISSUE STATEMENT Tobacco use is the most preventable cause of disease,disability, and death in the.United States; nearly one in five deaths in the U.S. can be attributed to cigarette smoking. Statistics show that tobacco product use is started and established primarily during adolescence. In 2023, 10 percent of middle and high school students reported current tobacco product use. E-cigarettes remained the most used tobacco product among youths. Among middle school and high school students who currently use e-cigarettes, 25.2 percent used e-cigarettes daily, and 89.4 percent used flavored e-cigarettes. The density of tobacco retailers, particularly in neighborhoods surrounding schools, has been associated with increased youth smoking rates. Studies further show that 41 percent of U.S. teens lived within .5 mile of a tobacco retailer and 44 percent attended schools within 1,000 feet of a tobacco retailer. Frequent exposure to tobacco retail displays has also been associated with increased smoking initiation among youth and negative impact on tobacco quit attempts. To reduce illegal sales of tobacco products to minors, California has recently passed policies to further regulate the sale of tobacco in the retail environment. Many cities and counties have passed additional policies to implement state laws and regulations.Some jurisdictions have placed restrictions on what retailers can and cannot sell and where retailers can be located in order to counter efforts to attract new (younger) customers. Several residents have reached out to me expressing concern over the proliferation and cluster of tobacco retailers, especially near youth populated areas. The Huntington Beach Zoning and Subdivision Ordinance (HBZSO) does not explicitly identify tobacco retailers (including smoke or tobacco shops) within the land use tables in the City's zoning districts; therefore, these uses may be permitted as general retail uses which are allowed by right. In light of the above statistics, the City should adopt an ordinance to regulate these uses by: • Defining the uses to be regulated o Define "tobacco retailers" o Define "tobacco product or paraphernalia" o Define "youth-populated area" 2000 Main Street,Huntington Beach,CA 92648 I www.huntingtonbeachca.gov 205 • Establishing minimum zoning standards for the land uses o Prohibit new tobacco retailers at any location exclusively zoned for residential use o Prohibit new tobacco retailers within a certain distance of youth-populated areas, including schools o Establishing minimum distance requirements between tobacco retailers RECOMMENDED ACTION Direct the City Manager to work with the City Attorney to prepare an Ordinance for introduction at a future City Council Meeting to amend the HBZSO to establish regulations for tobacco retailers Citywide. ENVIRONMENTAL STATUS This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations,Title 14, Chapter 3, because it has not potential for resulting in physical change to the environment, directly or indirectly. STRATEGIC PLAN GOAL Non Applicable-Administrative Item 2000 Main Street,Huntington Beach,CA 92648 I www.huntingtonbeachca.gov 206 PLANNING COMMISSION STAFF REPORT TO: Planning Commission FROM: Jennifer Villasenor, Director of Community Development BY: Joanna Cortez, Principal Planner SUBJECT: ZONING TEXT AMENDMENT NO. 25-001 (SMOKE/TOBACCO SHOP REGULATIONS) REQUEST: To amend four chapters of the Huntington Beach Zoning and Subdivision Ordinance to primarily introduce regulations for smoke/tobacco shops. The chapters to be amended are Chapter 204 (Use Classifications), Chapter 211 (C Commercial Districts), and Chapter 230 (Site Standards). Chapter 212 (I Industrial Districts) is also being amended to remove duplicate text. LOCATION: Citywide APPLICANT: City of Huntington Beach PROPERTY OWNER: Various RECOMMENDATION: That the Planning Commission take the following actions: A) Find the project exempt from additional environmental review pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. B) Recommend approval of Zoning Text Amendment (ZTA) No. 25-001 to the City Council with suggested findings (Attachment No. 1). ALTERNATIVE ACTION(S): A) Recommend denial of Zoning Text Amendment No. 25-001 with findings for denial; or B) Continue Zoning Text Amendment No. 25-001 and direct staff accordingly. PROJECT PROPOSAL: 207 Background: To reduce illegal sales of tobacco products to minors, California has passed policies to further regulate the sale of tobacco in the retail environment. Many cities and counties have passed additional policies to implement state laws and regulations. Some jurisdictions have placed restrictions on what retailers can and cannot sell and where retailers can be located in order to counter efforts to attract new (younger) customers. In an effort to prevent the proliferation and cluster of smoke or tobacco retailers, especially near youth populated areas, the City Council directed staff(Attachment No. 6) to draft the necessary amendments to the HBZSO to define and add regulations for smoke/tobacco shops within the City. ZTA No. 25-001 represents a request to amend and update certain sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to add regulations for these uses: • Chapter 204 (Use Classifications) • Chapter 211 (C Commercial Districts) • (Site 230 ChapterStandards) In addition to the proposed regulations, this ZTA also includes an amendment to Chapter 212 (I Industrial Districts) unrelated to smoke/tobacco shops. This portion of the ZTA will remove duplicative text within this chapter. Draft City Council ordinances with legislative drafts of the amendments to each chapter are provided (Attachment Nos. 2-5). In the legislative drafts, bold and underlined indicates new text; c*.�ut indicates removal of text. ISSUES AND ANALYSIS: General Plan Conformance: The proposed zoning text amendment is consistent with the goals and policies of the City's General Plan including: Land Use Element: Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1(D): Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-2(D): Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. 208 Goal LU-11: Commercial land uses provide goods and services to meet regional and local needs. The proposed ZTA will define and regulate smoke/tobacco retail shops in a manner that will ensure new shops are compatible with surrounding uses. The proposed regulations will restrict smoke/tobacco shops to commercially zoned properties while prohibiting them in any primarily residentially zoned areas. Smoke/tobacco shops will be required to maintain a 500-foot separation from sensitive uses, such as hospitals and youth-oriented areas, as well as other smoke/tobacco shops. The proposed regulations will continue to allow tobacco/smoke shops to operate in designated areas of the city while meeting the community's desire of limiting the overexposure of this use to young people. The proposed amendment to Chapter 212 will removed duplicative text only and does not propose any changes to the land use controls or development standards of that chapter. - Zoning Compliance: Zoning Text Amendment The following analysis provides a review of the proposed amendments in two sections consisting of an introduction of regulations for smoke/tobacco shops and minor language cleanup to delete duplicate information. A. Smoke/Tobacco Shops The HBZSO does not explicitly identify tobacco retailers (such as smoke/tobacco shops) within the land use tables in the City's zoning districts; therefore, these uses may be permitted as general retail uses which are allowed by right, with no additional regulations. The proposed ordinance regulates smoke/tobacco shops by amending three sections of the HBZSO, as discussed below. Section 230.54 Smoke or Tobacco Shops In effort to address the issues raised by the City Council such as concerns with high concentrations of smoke/tobacco shops adjacent to residential and youth populated area, a new code section was added to Chapter 230 (Site Standards) to introduce standards for smoke/tobacco retail shops. These standards include: • Specifying the allowable locations/zones for shops (Commercial General and Commercial Visitor zones as well as applicable commercial areas within specific plans) • Prohibiting use in locations zoned exclusively for residential uses • 500-foot separation from youth-populated areas and sensitive uses (hospitals) • 500-foot separation between other smoke/tobacco businesses to minimize an overconcentration 209 • Defining items applicable to smoke/tobacco shops such as "tobacco paraphernalia", "tobacco product" and "youth-populated areas" • Prohibiting smoking on premise • Window and lighting standards for improved visibility • Additional signage prohibiting minors • Process for non-conforming shops These new standards will continue to permit smoke/tobacco shops with regulations that ensure these uses are limited to commercial zones, away from residentially zoned areas. The proposed distance requirements will guarantee adequate separation from areas used by children and between other smoke/tobacco shops. Limiting the proximity of smoke/tobacco shops to youth-populated areas and similar retailers are place-based strategies recommended by health advocates to limit youth exposure to tobacco products. The new definitions will provide guidance in identifying the allowable items that may be sold within smoke/tobacco shops. "Youth-populated areas" are also defined in this amendment to list the areas which have a 500-foot distance requirement from smoke/tobacco shops. Some of these areas include all PreK-12 schools, child-care facilities, libraries, and parks. Windows and lighting standards have been added to ensure windows are not covered more than 20% and adequate lighting is available to see the interior of a store from the exterior. Clear signage will be required to be posted in these shops to prohibit unaccompanied minors from entering these businesses. Smoking on the premises is also prohibited with this amendment. Finally, non-conforming shops will be permitted to remain unless the smoke/tobacco shop changes use or is abandoned or discontinued for six months as described in Chapter 236 (Nonconforming Uses and Structures) of the HBZSO. Section 204:10 Use Classifications The use classification of Retail Sales has been amended to include a separate listing for smoke/tobacco shop for the purposes of identifying allowable land uses subject to the smoke/tobacco shop regulations proposed in this amendment. Section 211.04 CO, CG, and CV Districts— Land Use Controls The land use control table has been amended to reflect the areas where smoke/tobacco shops,may be permitted subject to the new regulations. B. Language Clarification and Cleanup The following item is amended for cleanup purposes unrelated to smoke/tobacco shops. 210 Section 212.04 IG, IL, and RT Districts— Land Use Controls The provisions listed after the land use control table of this section of the HBZSO have been deleted as they already exist in the following section of the code, Section 212.05 Additional Provisions. Environmental Status: ZTA No. 25-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. Coastal Status: The proposed amendment will be forwarded to the California Coastal Commission as a minor Local Coastal Program Amendment for certification. Other Departments Concerns and Requirements: The proposed amendments to the City's existing ordinance were prepared with input from the City Attorney's Office and the Code Enforcement Division. Public Notification: Legal notice was published in the Huntington Beach Wave on Wednesday, January 22, 2025, and notices were sent to individuals/organizations requesting notification (Planning Division's Notification Matrix). In lieu of sending notices to all property owners within the City, a minimum 1/8 page advertisement was published. As of February 4, 2025, no communication regarding this request has been received. SUMMARY: Staff recommends that the Planning Commission recommend approval of Zoning Text Amendment No. 25-001 with suggested findings and forward to the City Council based on the following: • It addresses a community need to prevent the proliferation and cluster of smoke/tobacco retailers, especially near youth populated areas; • Cleans up the HBZSO to improve clarity; and • Consistent with General Plan goals and policies. ATTACHMENTS: 1. Suggested Findings of Approval ZTA No. 25 001 7 HBZSO Chapter 20A (Ilse Classiiati ) Draf Ordinance anal 1 egislative Draft 3. HBZSO Chapter 211 (C Commercial Districts) Draft Ordinance and Legislative Draft 4. HBZSO Chapter 212 (I Industrial Districts) Draft Ordinance and Legislative Draft 5. HBZSO Chapter 230 (Site Standards) Draft Ordinance and Legislative Draft 6. City Council H Item dated September 3, 2024 7. PowerPoint Presentation 211 From: Amory Hanson To: De Coite, Kim Subject: Supplemental Communication to Huntington Beach Planning Commission Date: Monday, February 10,2025 6:26:57 PM You don't often get email from amory.hanson2016@gmail.com. I earn why this is important I would like to express my support for the tobacco regulations zoning text amendment. Sincerely Yours, Mr. Amory Hanson 212 I. 1 Al IOW L w- I N G, MI. ZONING TEXT n Nii, ............ ,..,4, Ilk , _.:'-' ,0 R P 0 R A 7 ..•ik 40.. Qr lik AMENDMENT IF OD , ' i V' 1 i • NO . 2 5 -0 0 1 . , • ......z. i _ _ _ _ ___ _ _ . _ __=.= ____ • — • i‹,c. k SMOKE/TOBACCO SHOPS _ ,impiamboi‘, , ,,,, j.„,,,,,,,,,,„ ,i4 • „...... il March 18, 2025 — o • ••• 0 .0 0 1 7, 1 g 0 i ;0. . rt ***salmi's**. \ 4eC 0° ° '\.#1# VOJUNTN 213 REQUEST • Zoning Text Amendment (ZTA) No. 25-001 : • Amend four chapters of the HBZSO • Smoke/Tobacco Shop Regulations • Define Smoke/Tobacco Shop • Prevent overconcentration of use • Reduce exposure to sensitive uses • Chapter 212 - Delete duplicate text oi''qF ''''t''''' �1*; 1 i. -- . S'� ‘ 11 COUPUTV��, 1 214 PURPOSE & BACKGROUND • Cities and counties have passed additional policies to implement state laws and regulations regarding tobacco retailers • Many jurisdictions restrict: • What retailers may sell • Where retailers may be located • Counter efforts to attract new (younger) customers • HBZSO does not identify tobacco retailers (smoke/tobacco shops) ,' TIN670 • Permitted by right �� °° �F� • City Council directed staff to draft standards to regulate these uses `9yGF°©U P;%°1 • • ai _ • • • • * • aka _ 21 SMOKE/TOBACCO SHOPS • Section 204. 10 Use Classifications • Retail Sales amended to include the definition of smoke/tobacco shop • Identify use • Establish what may be sold under use classification • Section 211 .04 CO, CG , and CV Districts - Land Use Controls • Land use control table amended to identify where smoke/tobacco shops may be permitted ,------- licc"',�NTIN6x� �1... O ! �UNTV�,i Ltt, SMOKE/TOBACCO SHOPS CONT. • Section 230.54 Smoke/Tobacco Shops • Added standards to regulate newly defined Smoke/Tobacco Shops • Definitions • Lists items sold in shops • Defines youth-populated area • PreK-12 schools; child-care facilities, libraries; parks; youth centers (e.g. — Boys & Girls Club) • Location: • Limited to commercial zones; residential zones prohibited • Will continue to be allowed in zones where they are currently allowed �'DUNTY ck„✓ • 1 ,000-foot separation from hospitals and youth-populated 217 SMOKE/TOBACCO SHOPS CONT. • Section 230.54 Smoke/Tobacco rr►rvrur . . {``Y n Shops ! NOTICE • Site Standards CHILDREN -M MMUS ANEW - UNDER 'I 8 • Signage to prohibit minors .IFMUST BE • Visible window area and n ACCOMPANIED i�-M�4..4! a f A BY A PARENT interior lighting ' _., OR LEGAL • Smoking prohibited on premise , _ GUARDIAN • Nonconforming Shops Permitted unless The Sale of Tobacco Products to Persons Under 21 Years • of Age Is Prohibited by Law and Subject to Penalties • changes use; cannot revert To Report an Unlawful Tobacco Sale Call back 1 -800-5 ASK-4-ID Valid Identification May Be Required p '........ ,w �r , p abandoned or discontinued • Busmass and Professions Code Section 22952 21 U S.0 387i(d) T. �,q� 'iran�i,�ar��r����au This s�pn moat De readable by the eunsumer and rams,awt be altered, 74 • •i.,a er avn.n�tror.:t:os.�,��txp m cofared ar obliterated in whole or in psrl � � v�sr::cexazran. A •• MI • • 218 RECOMMENDATION • Planning Commission and Staff recommend approval of Zoning Text Amendment No. 25-001 based on the following : • Consistent with General Plan goals and policies. • Cleans up the HBZSO to improve clarity; • It addresses community need to prevent the proliferation and cluster of smoke/tobacco retailers, especially near youth populated areas 40ilNGro of _ ate•.. - UIVTV ir � 219 oza ��,' ,,,R `Y+ f fze- -I.- q tkp, A n �s i is 77 l ` 1S k S •4suol a s ■ n Moore, Tania From: Barnes, Lisa Lane Sent: Wednesday, March 19, 2025 11:11 AM To: Amory Hanson Cc: supplementalcomm@surfcity-hb.org Subject: RE: For the record Hello Amory, Thank you for the email. Best practice for Supplemental Communication is to send them directly to Supplementalcomm@surfcity-hb.org. Sending your comments to any other email box could delay the receipt of your supplemental communications. Thank you! T ; Lisa Lane Barnes rPoomik Elected City Clerk ss, t Office:(714)536-5405 LisaLane.Barnes@Surfcity-HB.orq E13000 CITY OF HUNTINGTON BEACH 2000 Main Street,Huntington Beach,CA 92648 For passport information and appointments please visit: Passport Services Website NOTE PASSPORT APPOINTMENTS ARE VIA ONLINE SCHEDULING ONLY. From:Amory Hanson<amory.hanson2016@gmail.com> Sent:Tuesday, March 18, 2025 7:49 PM To: Barnes, Lisa Lane<LisaLane.Barnes@surfcity-hb.org> Subject: For the record Because of the unfortunate circumstances today, I am sending the following comments I had planned to give during the public hearing on Item XIX for the council's consideration. Thank you Mister Mayor: My name is Mr. Amory Hanson. I'm speaking tonight in support of the tobacco regulations zoning text amendment.This zoning text amendment will reduce the accessibility of cigarettes to a younger audience.The zoning text amendment will hopefully deter another generation of smokers in Huntington Beach. 1 Once again, I urge a yes vote on Item XIX 2 CONTINUANCE OF PUBLIC HEARING STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF HUNTINGTON BEACH ) I, Lisa Lane Barnes, declare as follows: That I am the City Clerk of the City of Huntington Beach; that at a regular meeting of the City Council/Public Financing Authority of the City of Huntington Beach held Tuesday, March 18, 2025, said public hearing was opened and continued to a regular meeting on April 1, 2025 at 6:00pm to Approve Zoning Text Amendment No. 25-001 (Smoke/Tobacco Shop Regulations) by Approving for the Introduction of Ordinance Nos. 4331 ; 4332; 433; and 4334; and that on Wednesday, March 19, 2025 at the hour of 6:15 p.m., a copy of said notice was posted at a conspicuous place near the door at which the meeting was held. I declare under penalty of perjury that the foregoing is true and correct. Executed on Wednesday, March 19, 2025 at Huntington Beach, California. LISA LANE BARNES, CITY CLERK by: Senior Deputy City Clerk Posted pursuant to Government Code Section 54950 g:\agendas\agmisc\Pubhear-Continued.doc b/kirm 2////,�5 g ,;/2?/ NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, March 18, 2025, at 6:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following items: U 1. ZONING TEXT AMENDMENT NO. 25-001 (SMOKE/TOBACCO SHOP REGULATIONS) Applicant: City of Huntington Beach Property Owner: Various Request: Amend four chapters of the Huntington Beach Zoning and Subdivision Ordinance to introduce regulations for smoke/tobacco shops and cleanup inconsistent language. The chapters to be amended are Chapter 204 (Use Classifications), Chapter 211 (C Commercial Districts), and Chapter 230 (Site Standards). Chapter 212 (I Industrial Districts) is being amended to delete duplicate text. On February 11, 2025, the Planning Commission held a public hearing on ZTA No. 25-001 and recommended approval to the City Council. Location: Citywide City Contact: Joanna Cortez 1. NOTICE IS HEREBY GIVEN that Items #1 is categorically exempt from the provisions of the California Environmental Quality Act. 2. NOTICE IS HEREBY GIVEN that Item #1 will require a Local Coastal Program Amendment certified by the California Coastal Commission. • ON FILE: A copy of the proposed request is on file in the Community Development Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office or online at http://www.huntingtonbeachca.gov on Thursday, March 13, 2025. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Community Development Department at (714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Lisa Lane Barnes, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 714-536-5227 http://huntingtonbeachca.gov/HBPublicComments/ 7.: Column INTERIM AD DRAFT This is the proof of your ad scheduled to run in Huntington Beach Wave on the dates indicated below. If changes are needed, please contact us prior to deadline at(714) 796-2209. Notice ID:v4eXn4NL24RcZHXUSZnK I Proof Updated: Feb.19,2025 at 04:34pm PST Notice Name:ZTA No.25-001(Smoke/Tobacco Shop Regulation FILER FILING FOR See Proof on Next Page Donna Switzer Huntington Beach Wave donna.switzer@surfcity-hb.org (714)374-1649 Columns Wide: 5 Ad Class: Legals 02/27/2025:City Notices 346.91 Subtotal $346.91 Tax% 0 Total $346.91 ZTA No. 25-001 (Smoke/Tobacco Shop Regulation - Page 1 of 2 NOTICE OF-PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, March 18, 2025, at.6:00 PM In the City Council Chambers,2000 Main Street, Huntington.Beach,the City Council will hold a public hearing.on the.foilowing items: • 1. ZONING T.EXT-AMENDMENT_NOO..25- 01.1(S.MAKE/TOBACCQS.HOPJtEGULATLONS). Applicant City of Huntington Beachproperty_Owner:Various Request:Amend four.chapters of the Huntington Beach Zoning and Subdivision Ordinance to introduce regulations for smoke/tobacco shops and cleanup inconsistent language. The chapters to be amended are Chapter 204 (Use Classifications); Chapter 211. (C Commercial Districts), and Chapter 230.(Site.Standards Chapter 212'(I Industrial Districts) 1s being amended to delete duplicate text.On February. 11,2025,.the.Planning Commission•held a public hearing on ZTA No. 25-001 and recommended approval to-the City Council. Location: Citywide City Contact:Joanna Cortez 1.NOTICE IS HEREBY GIVEN that Items#1 is categorically exempt from the provisions • of the California Environmental Quality Act-. 1.-NOTICE IS HEREBY GIVEN that item #1 will require-a Local Coastal Program Amendment certified by the California Coastal Commission. QN_ELLe_.A copy of the-proposed request is-on file in Me Community Development Department,2000 Main Street, Huntington Beach, California 92648,for inspection by the public. A copy of the staff-report will he available to interested parties at the City Clerk's Office or online at http://www.huntingtonbeachca.gov on Thursday,March 13, 2025. ALL INTERESTED PERSONS are Invited to attend said hearing and express opinions or submit evidence for or against.the application as outlined above. If you challenge the City Council's action-in court,you may be limited to raising only those issues-you or someone else raised at the public hearing-described-In this notice, or in-written correspondence delivered to the City at,or prior to,the public hearing. If-there are any further questions please call.the Community Development:Department at (714) 536-5271 and refer to the above items: Direct your-written communications-to the City Clerk. - Llsa Lone Barnes,City Clerk City of Huntington Beach 2000 Main Street,-2nd Floor- Huntington Beach;California 92648 714-536-5227 http://buntingtonbeachca.gov/tIBPublicComments/ • Huntington Beach Wave Published:2/27/25 • • ZTA No. 25-001 (Smoke/Tobacco Shop Regulation - Page 2 of 2 Switzer, Donna From: De Coite, Kim Sent: Wednesday, February 19, 2025 4:46 PM To: Switzer, Donna; Moore, Tania; Esquivel, Juan Cc: Cortez, Joanna; Ramos, Ricky Subject: RE: 3.18.25 CC Legal Thank you Donna! ,"7:77-- Kimberly De Coite Z Senior Administrative Assistant Community Development ,// office:(714)536-5276 '�- %,'� kdecoite@surfcity-hb.org HE)0 0 0 2000 Main Street,Huntington Beach,CA 92648 From: Switzer, Donna <Donna.Switzer@surfcity-hb.org> Sent: Wednesday, February 19, 2025 4:39 PM To: De Coite, Kim<KDeCoite@surfcity-hb.org>; Moore,Tania <Tania.Moore@surfcity-hb.org>; Esquivel,Juan <juan.esquivel@surfcity-hb.org> Cc: Cortez,Joanna<Joanna.Cortez@surfcity-hb.org>; Ramos, Ricky<rramos@surfcity-hb.org> Subject: RE: 3.18.25 CC Legal Hi Kim, The Notice has been submitted for publication in The Huntington Beach Wave on February 27, 2025. Per their instruction, I will also be sending them a request for the ad to be a 1/4 page,via email. Sincerely, • Donna Switzer, CMC j 1 Senior Deputy City Clerk City of Huntington Beach,City Clerk's Office W: (714)374-1649 From: De Coite, Kim <KDeCoite@surfcity-hb.org> Sent: Wednesday, February 19, 2025 4:11 PM To: Moore,Tania<Tania.Moore@surfcity-hb.org>; Switzer, Donna<Donna.Switzer@surfcitv-hb.org>; Esquivel,Juan <juan.esquivel@surfcity-hb.org> Cc: Cortez,Joanna <Joanna.Cortez@surfcity-hb.org>; Ramos, Ricky<rramos@surfcity-hb.org> Subject: 3.18.25 CC Legal i Hello, Please see the attached legal,which needs to be published next week in the paper. (ZTAs now need more than the normal 10 days.)Additionally, it needs to be page. Thank you, Kimberly De Coite Senior Administrative Assistant Community Development 'Z>r :for Office:(714)536-5276 kdecoite@surfcity-hb.org [ 13000 2000 Main Street,Huntington Beach,CA 92648 2 Switzer, Donna From: Christine Gonzalez <cgonzales@scng.com> Sent: Wednesday, February 19, 2025 5:00 PM To: Switzer, Donna Cc: Sandra Campos (scampos@scng.com); De Coite, Kim; Esquivel, Juan; Cortez, Joanna; Ramos, Ricky; Moore, Tania Subject: Re: Notice of PH - ZTA No. 25-001 Attachments: cropped-985.pdf All set Southern California News Group Legal Advertising Sales Coordinator Chrissy Gonzalez 3512 14th St, Riverside, CA 92501 714-796-6736 M-F 8:00 a.m. -4:30 p.m. Closed Sat. and Sun cgonzalesOscnq.com All Legal Notices can be placed on our self serve site. https://socalnewsgroup.com/publicnotices On Wed, Feb 19, 2025 at 4:41 PM Switzer, Donna <Donna.Switzer@ surfcity-hb.org>wrote: Good afternoon, Sandra: I would like to request, and confirm, that this Notice will run as a 1/4 page ad, please. Thank you! Sincerely, 1 Donna Switzer, CMC Senior Deputy City Clerk , •. City of Huntington Beach,City Clerk's Office W: (714)374-1649 2 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH- NOTICE IS HEREBY GIVEN that on Tuesday,March 18,2025,at 6:00 PM in the City.Council Chambers,2000 Main Street,Huntington Beach,the City Council will hold a public hearing on the following items: El 1. ZONING TEXT AMENDMENT NO.25101 ISMOKEITOBACCO SHOP REGULATIONS) Applicant: City of Huntington Beach Property Owner: Various-Request:Amend four chapters of the Huntington Beach Zoning and Subdivision Ordinance to introduce regulations for smoke/tobacco shops and cleanup inconsistent language. The chapters to be amended are. Chapter 204 (Use Classifications), Chapter 211 (C Commercial Districts),and Chapter 230(Site Standards), Chapter 212(I Industrial Districts)is being amended to delete duplicate text.On February 11,2025,the Planning Commission held a public hearing on ZTA No. 25-001 and recommended approval to the City.Council. Location:Citywide City Contact:Joanna Cortez 1. NOTICE IS HEREBY GIVEN that Items#.1 is categorically exempt from the provisions of the California Environmental Quality Act. 2. 3. NOTICE IS HEREBY GIVEN that Item#1 will require a Local Coastal Program Amendment certified by the California Coastal Commission. 4. ON FILE: A copy of the proposed request is on file in the Community Development Department, 2000 Main Street,Huntington Beach,California 92648,.for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office or online at httn://www.huntingtonbeachca.gov on Thursday,March 13,2025. ALL INTERESTED.PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the City at,or prior to, the public hearing. If there are any further questions please call the Community Development.Department at(714)536.5271 and refer to the above items. Direct your written communications to the City Clerk. Lisa Lane Barnes,City Clerk City of Huntington Beach 2000 Main Street,2'd Floor Huntington Beach,California 92648 714-536.5227. httpl/huntingtonbeachca.gov/HBPublic£omments1 Huntington Beach Wave Published:2/27/25 INCLUDES THE FOUNTAIN VALLEY VIEW _.... Q111011„ere 1920 Main St. Suite 225, Irvine Irvine, California 92614 (714)796-2209 Iegals@inlandnewspapers.com City of Huntington Beach- City Clerk's Office 2000 Main Street Huntington Beach, California 92648 Account Number: 5272431 Ad Order Number: 0011720999 Customer's Reference/PO Number: Publication: Huntington Beach Wave Publication Dates: 02/27/2025 Total Amount: $774.85 Payment Amount: $0.00 Amount Due: $774.85 Notice ID: v4eXn4NL24RcZHXUSZnK Invoice Text: ZTA No. 25-001 (Smoke/Tobacco Shop Regulation - Page 1 of 3 IFOUNTAIN NCLUDES THE VALLEY VIEW See Proof on Next Page al Huntington Beach Wave 1920 Main St.Suite 225,Irvine Irvine,California 92614 (714)796-2209 2000 Main Street Huntington Beach, California 92648 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County 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 above-entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange County, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Irvine, County of Orange County, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: 0212712025 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County,California,on Date: Feb 27,2025. I CaOtfdr S• Lure ZTA No. 25-001 (Smoke/Tobacco Shop Regulation - Page 1 of 3 Newspaper page size:Width:9.89 in., Height:20.00 in. NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN,that on Tuesday,March 18,2025,at 6:00 PM in the City Council Chambers,2000 Main Street,Huntington Beach,the City Council will hold a public hearing on the following items: 01. ZONING TEXT AMENDMENT NO.25-001(SMOKEITOBACCO SHOP REGULATIONSI Applicant: City of Huntington Beach Property Owner: Various Request: Amend four chapters of the Huntington Beach Zoning and Subdivision Ordinance to introduce regulations for smokeftobacco shops and cleanup inconsistent language. The chapters to be amended are Chapter 204 (Use Classifications), Chapter 211 (C Commercial Districts),and Chapter 230(Site Standards). Chapter 212(I Industrial Districts)is being amended to delete duplicate text.On February 11,2025,the Planning Commission held a public hearing on ZTA No. 25.001 and recommended approval to the City Council. Location:Citywide City Contact:,Joanna Cortez 1. NOTICE IS HEREBY GIVEN that Items#1 is categorically exempt from the provisions of the California Environmental Quality Act. 2. 3. NOTICE IS HEREBY GIVEN that Item#1 will require a Local Coastal Program Amendment certified by the California Coastal Commission. 4. ON FILE: A copy of the proposed request is on file in the Community Development Department, 2000 Main Street,Huntington Beach,California 92648,for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office or online at http://www.hunlingtonbeachca.gov on Thursday,March 13,2025. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the City at,or prior to, the public hearing, If there are any further questions please call the Community Development Department at(714)536.5271 and refer to the above items. Direct your written communications to the City Clerk. ZTA No. 25-001 (Smoke/Tobacco Shop Regulation - Page 2 of 3 Newspaper page size:Width:9.89 in., Height:20.00 in. Lisa Lane Barnes,City Clerk City of Huntington Beach 2000 Main Street,2''d Floor Huntington Beach,California 92648 714-536-5227 http://huntingtonbeachca.gov/HBPublicCommentsf untington Beach Wave Published:2/27/25 ZTA No. 25-001 (Smoke/Tobacco Shop Regulation - Page 3 of 3 PROOF OF SERVICE OF PAPERS STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 2000 Main Street, Huntington Beach, CA 92648. Pursuant to Code of Civil Procedure § 1094.6, on February 25, 2025, I served the foregoing documents described as: Zoning Text Amendment No. 25-001 (Smoke/Tobacco Shop Regulations) on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: 16 Addresses —see label list a. [X] BY MAIL -- I caused such envelope to be deposited in the mail at Huntington Beach, California. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business, with postage thereon fully prepaid. I am aware that, on motion of a party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in the affidavit. b. [ ] BY MAIL -- By depositing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Huntington Beach, California, addressed to the address shown above. c. [ ] BY DELIVERY BY HAND to the office of the addressee. d. [ ] BY PERSONAL DELIVERY to the person(s) named above. e. [ ] BY FAX TRANSMISSION to No. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 25, 2025, at Huntington Beach, California. Senior Deput City Clerk g:/followup/letters/proof of mailing.doc NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, March 18, 2025, at 6:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following items: ❑ 1. ZONING TEXT AMENDMENT NO. 25-001 (SMOKE/TOBACCO SHOP REGULATIONS) Applicant: City of Huntington Beach Property Owner: Various Request: Amend four chapters of the Huntington Beach Zoning and Subdivision Ordinance to introduce regulations for smoke/tobacco shops and cleanup inconsistent language. The chapters to be amended are Chapter 204 (Use Classifications), Chapter 211 (C Commercial Districts), and Chapter 230 (Site Standards). Chapter 212 (I Industrial Districts) is being amended to delete duplicate text. On February 11, 2025, the Planning Commission held a public hearing on ZTA No. 25-001 and recommended approval to the City Council. Location: Citywide City Contact: Joanna Cortez 1. NOTICE IS HEREBY GIVEN that Items #1 is categorically exempt from the provisions of the California Environmental Quality Act. 2. NOTICE IS HEREBY GIVEN that Item #1 will require a Local Coastal Program Amendment certified by the California Coastal Commission. ON FILE: A copy of the proposed request is on file in the Community Development Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office or online at http://www.huntingtonbeachca.gov on Thursday, March 13, 2025. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Community Development Department at (714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Lisa Lane Barnes, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 714-536-5227 http://huntingtonbeachca.gov/HBPublicComments/ AV RY 5160 . -.. �. . . . 1 i Bend along line to expose Pop-up Edge I Use Avery Template 5160 1 1 2 57 HB Chamber of Commerce Orange County Assoc.of Realtors Kathleen Belohovek President Dave Stefanides 9101 Five Harbors Dr. 16787 Beach Blvd. Unit202 25552 La Paz Road Huntington Beach,CA.92646 Huntington Beach,CA 92647 Laguna Hills,CA 92653 63 60 5 Cindy Nguyen Paula Leonard Huntington Beach Tomorrow 216 Walnut Ave 4951 Hilo Circle President Huntington Beach,CA 92648 Huntington Beach,CA 92647 Box 8,C Huntingtoonn Beach,CA 92648 6 6 40 Building Industry Assoc.of South Calif. Building Industry Assoc.of South Calif. Hearthside Homes Michael Balsamo,CEO,OC Chapter Adam S.Wood,Director of Govt.Affairs 27285 Las Rambles,Suite 210 24 Executive Park,Suite 100 24 Executive Park,Suite 100 Mission Viejo,CA 92691 Irvine,CA 92614 Irvine,CA 92614 8 25 25 ETI:Corral 100 California Coastal Commission California Coastal Commission Jean Kimbrell,Treasurer Teresa Henry,South Coast Area Office South Coast Area Office P.O. Box 2298 200 Oceangate, 10th Floor 301 E.Ocean Blvd.,Suite 300 Huntington Beach,CA 92647 Long Beach,CA 92802-4302 Long Beach,CA 90802 12 13 14 Rutan&Tucker,LLP Newland House Museum Historic Resources Board Chair Jeffrey M.Oderman Pres.,H.B. Historical Society Kathie Schey 611 Anton Blvd., 14th Floor 19820 Beach Blvd. 3612 Rebel Circle Costa Mesa,CA 92626-1950 Huntington Beach,CA 92648 Huntington Beach,CA 92649 26 Department of Transportation, Dist. 12 Scott Shelley,Senior Planner 1750 E 4th Street Unit100 Santa Ana,CA 92705 2. _ 10. ac-00\ sue. iketZGO '. I EtiIquettes d'adresse Easy Peet° ' Allez a avery.ca/gabarits Pat:awery.com/patents • I Repliez a la hachure afin de reveler le rebord Pop-up' I Utilisez le Gabarit Avery 9160 1