Att #3 Ordinance No. 4334 & Legislative Draft — City Council/Public Financing Authority, April 15, 2025

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
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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
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 1-14
Day Care, General L-3 L-3
Day Care, Large-Family P P (Y)
Emergency Health Care L-2 L-2
Government Offices P 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 (L)
Commercial Uses (D(Q)(R)
Ambulance Services ZA
Animal Sales & Services L-16
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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
Banks and Savings & Loans P
With Drive-Up Service P P P
Building Materials and Services
Catering Services P P
Commercial Filming P P (F).

Commercial Recreation and Entertainment PC PC (D)
Communication Facilities L-13 L-13 L-13
Eating and Drinking Establishments P P
W/Alcohol ZA ZA ZA (N)
W/Drive Through
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
Maintenance & Repair Services
Marine Sales and Services
Nurseries ZA
Offices, Business & Professional P P
Offices, Medical & Dental P
Pawn Shops ZA
Personal Enrichment Services L-10 1-10
Personal Services P
Research & Development Services L-l ZA
Retail Sales 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
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
ehicle Storage, Impound Yaro PC (AA)
chicle Storage, Off-Site Auto Deale PIZA L-17 (BB)
Vehicle Storage, Recreational Vehicles ZA (CC)
Offices for Vehicle Equip. Sales & Rentals L-15 L-15
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ORDINANCE NO. 4334
CO CG CV Additional Provisions
Visitor Accommodations
Bed & Breakfast Inns ZA ZA ZA (K)
Hotels, Motels PC PC (1)
Condominium-Hotel - PC (Z)
Fractional Ownership Hotel
Quasi Residential
Timeshares PC (DU)
Residential Hotel PC
Single Room Occupancy PC
Industrial (D(Q) (R)(V)
Industry, Custom L-6 L-6
Accessory Uses JIV)
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 (M)
Real Estate Sales P P
Retail Sales. Outdoor TU TU (M)
Seasonal Sales TU TU TU (M)
Tent Event
A A
Trade Fairs
Nonconforming Uses (G)JXV)
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-S 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
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L-6 Only "small-scale" facilities, as described in use classifications, are permitted with a maximum seven persons employed full time in processing or treating retail products, limited to those sold on the premises.

L-7 Repealed
L-8 On-site storage limited to two rental cars or two cars for lease.

L-9 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for commercial facilities.

L-10 Permitted if the space is 5,000 square feet or less; allowed with Administrative Permit approval if space exceeds 5,000 square feet.

In addition, personal enrichment uses within a retail building parked at a ratio of one space per 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.
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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:

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.

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
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Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement.

0. See Section 230.46, Single Room Occupancy.

P. See Chapter 231 for temporary and seasonal parking.

Q. Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Community Development Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity (e.g., increased noise, traffic).

R. Projects within 500 feet of a PS District; see Chapter 244.

S. See Section 230.48, Equestrian Centers.

T. See Section 230.50, Indoor Swap Meets/Flea Markets.

U. See Section 230.94, Carts and Kiosks.

V. In the coastal zone, the preferred retail sales uses are those identified in the visitor serving commercial land use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services.

W. Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit.

X. Outdoor dining with alcohol sales shall be permitted with a conditional use permit from the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall be permitted without a conditional use permit. If over 400 square feet with no alcohol sales, Neighborhood Notification shall be required pursuant to Chapter 241.

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 day of , 2025.

Mayor
ATTEST: APPROVED AS TO FORM:

Uil
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:

Ail Vie
City Manager Director of Community Development
25-15852/368549 8

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 (D(Q)(R)(V)
Group Residential PC PC PC
Multifamily Residential - PC
Public and Semipublic
Clubs and Lodges 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 (Y)
Emergency Health Care L-2 L-2
Government Offices 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 (L)
Commercial Uses (JXQ)(R)
Ambulance Services ZA
Animal Sales & Services L-16
Animal Boarding ZA
Animal Grooming P
Animal Hospitals
Animals-Retail Sales
Equestrian Centers (CG Zone) (S)
Pet Cemetery
Artists' Studios P
Banks and Savings & Loans. P P
With Drive-Up Service P P
Building Materials and Services
Catering Services P P
Commercial Filming P (F)
Commercial Recreation and Entertainment PC PC (D)
Communication Facilities L-13 L-13 L-13
Eating and Drinking Establishments 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
Marine Sales and Services P
Nurseries ZA
Offices, Business & Professional P
Offices, Medical & Dental P P P
Pawn Shops ZA
Personal Enrichment Services L-10 L-10
Personal Services P
Research & Development Services L-1 ZA
Retail Sales 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
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
Visitor Accommodations
Bed & Breakfast Inns ZA ZA ZA (K)
Hotels, Motels PC PC (1)
Condominium-Hotel PC (Z)
Fractional Ownership Hotel
Quasi Residential
Timeshares PC (DJ)
Residential Hotel PC (J)
Single Room Occupancy PC
Industrial (D(Q)(R)(V)
Industry, Custom L-6 L-6
Accessory Uses (J(V)
Accessory Uses & Structures P/U P/U P/U
Temporary Uses (FJ (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
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 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-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.