HomeMy WebLinkAboutAdministrative Permit APX2005003 - Supporting DocumentsAPR-27-2005 03:OOPM FROM-ARDEN REALTY NEWPORT BEACH +949-231-0029 T-360 P 005/012 F-868
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6. SECURITY REQUIREMENTS Upon Tenant's execution of the Lease, Tenant
shall pay a security deposit equal to one (1)
month of Monthly Basic Remal (calculated as of
the rate in effect for the last month of the Lease
Term) and shall pay the first full installment of
Monthly Basic Rental due under the Lease.
7. PERMITTED USE The Premises will be used fcr general office use
consistent with the character of a first class
office building.
8.-Want shall rent unreserved parking passes in
Project's parking facility at a ratio of three
d a half (3.5) parking passes per one
Msand (1,000) rentable square feet of the
,remises. The rates applicable to all such
parking passes shall be the prevailing rate
charged by Landlord for such passes, which
rates are currently $0.00 per unreserved parking
pass per month (plus any applicable parking
tax).
9. CONSTRUCTION OF TENANT The Premises shall be delivered to Tenant in its
IMPROVEMENTS "as is" condition as of the Lease
Commencement Date, except that Landlord
shall, promptly after full execution and delivery
of the Lease, cause the following items to be
performed in the Premises using Project-
standard quantities and materials (except where
indicated):
1) Repaint suite.
2) Replace carpet in carpeted areas.
fill
11 Where great office space
Illlllllliis only the beginning of an
tALTY, ltic exceptional business environment 0
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FROM 7949 231 0029 (7 5FF) r-2 7 •CL5 •! 1 1 3 P_vT F05
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On I
D to
personally appeared
before me,.S
A
Name and Title of Officer (e g, 'Jane Doe, No'ary Publtc')
att
Name(s) of Signer(s)
II personally known to me
proved to me on the basis of satisfactory
evidence
SANDRAXATES
Commission # 1356882
Notary Public - California
Orange County
My Comm. Expires Jun 15, 2006
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me t h shs<tiey executed
the same in ) 'r authorized
capacity(ies), an that by 61 erftheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Docu ent:
Document Date:
Signer(s) Other Than Named Above.
Capacity(ies) Claimed by Signer
Signer's Name
Individual
1-6orporate Officer - Title(
Partner - Limited Ge eral
Attorney-in-Fact
Trustee
Guardian or Conservator
Other
Signer Is Representing.
0 1999 National Notary Association • 9350 De Solo Ave . P 0 Box 2402 • Chatsworth, CA 91313.2402 • www nahonalnotary org
f9il
Number of Pages:
Top of thumb here
7
Y
Prod No 5907 Reorder Call Toll-Free 1-800-876-6827
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FOOTHILL PROJECT
MANAGEMENT & THE URBAN DESIGN CENTER
FINANCIAL CONSULT ING, URBAN DEVELOPMENT, REDEVELOPMENT, IMPLEMENTATION, ARCHITECTURE, PLANNING,
DEVELOPMENT MANAGEMENT, PUBLIC NOTIFICATION, TITLE SEARCH, RADIUS MAPS, LABELING, MUNICIPAL CONSULT ING
CERTIFICATION LETTER
April 11, 2005
City of Huntington Beach
Community Development Department
200 Main St.
Huntington Beach, Ca 92648
APN: 145-016-04
%cit- 6 i'4ga
Site: s
Legal : Par 1 within Map Book 102, page 24 as recorded at the County of Orange,
at the County Recorders office within the State of California.
Dear Community Development Department,
I certify that to the best of my knowledge the attached Assessor Parcel Map,
Ownership and Tenant listing is from the latest approved Tax Assessor rolls. The
attached 500' radius map was taken directly from the County of Orange Assessor
Parcel listings.
Foothill Project Management assists in the provision of title searching, labeling,
public notification, radius maps, and development management. If there are any
questions please contact our office.
Respectfully;
Henry'Sakamoto
Project Manager
HS:sjg
P.O. BOX 4403, COSTA MESA, CA 92626-4403
(714) 434-9228 - (Voice/Fax) - (760) 346-6714 - Voice/Fax)
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HUNTINGTON BEACH
ZONING CODE UPDATES
April 2005
Please Remove from Code
Cha ter 204
Cha ter 212
Cha ter 222
Chapter 234
Cha ter 250
Please Add to Code
Cha ter 204
Cha ter 212
Cha ter 222
Cha ter 234
Cha ter 250
Prepared by:
Office of the City Clerk - Records Division
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Joan L. Flynn, City Clerk
Questions regarding these updates?
Call Dale Jones, Sr. Deputy City Clerk, Records Division
714 374-1632
vbcZonin andMunici al Codeare=available'on the lhtetnet,04 ,
http://www.surfcity-hb.org
Pow
CityofHuntin tonBeach
•Chapter..204 Use Classifications--
(3334-6/97, 3378-2/98, 3521-2/02, 3568-9/02, 3669-12/04, Emergency Ord. 3703-3/21/05)
Sections:
204.02 Applicability
204.04 Uses Not Classified
204.06 Residential Use Classifications
204.08 Public and Semipublic Use Classifications
204.10 Commercial Use Classifications
204.12 Industrial Use Classifications
204.14 Accessory Use Classifications
204.16 Temporary Use Classifications
go
204.02 Applicability
Use classifications describe one or more uses having similar characteristics, but do not list
every use or activity that may appropriately be within the classification. The Director shall
determine whether a specific use shall be deemed to be within one or more use
classifications or not within any classification in this Title. The Director may determine
that a specific use shall not be deemed to be within a classification, if its characteristics are
substantially different than those typical of uses named within the classification. The
Director's decision may be appealed to the Planning Commission. (3334-6/97)
204.04 Uses Not Classified
Any new use, or any use that cannot be clearly determined to be in an existing use
classification, may be incorporated into the zoning provisions by a Zoning, and Subdivision
Ordinance text amendment, as provided in Chapter 247. Such an incorporation shall not be
effective unless certified by the Coastal Commission as a Local Coastal Program
amendment. (3334-6/97)
204.06 Residential Use Classifications
A. Da Care Limited or Small-Famil . Non-medical care and supervision of
six or fewer persons, or eight or fewer persons if two of the persons are six
years of age or older, on a less than 24-hour basis. Children under the age of
10 years who reside in the home shall be counted for purposes of these limits.
This classification includes nursery schools, preschools, and day-care centers
for children and adults. (3334-6/97,3669-12/04)
B. Grou Residential. Shared living quarters without separate kitchen or
bathroom facilities for each room or unit. This classification includes
boarding houses, but excludes residential hotels or motels. (3334-6/97)
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C. Multifalnil Residential. Two or more dwelling units on a site. This
classification includes manufactured homes. (3334-6/97)
Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 1 of 12
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D. Residential Alcohol Recov Limited. Twenty-four-hour care for no more
than six persons suffering from alcohol problems in need of personal
services, supervision, protection or assistance. This classification includes
only those facilities licensed by the State of California. (3334-6/97)
E. Residential Care Limited. Twenty-four-hour non-medical care for 6 or
fewer persons in need of personal services, supervision, protection, or
assistance essential for sustaining the activities of daily living. This
classification includes only those services and facilities licensed by the State
of Ca liforn ia. (3334-6/97)
F. Sin le-Famil Residential. Buildings containing one dwelling unit located
on a single lot. This classification includes manufactured homes. (3334-6/97)
204.08 Public and Semipublic Use Classifications
A. Cemetery. Land used or intended to be used for the burial of human remains
and dedicated for cemetery purposes. Cemetery purposes include
columbariums, crematoriums, mausoleums, and mortuaries operated in
conjunction with the cemetery, business and administrative offices, chapels,
flower shops, and necessary maintenance facilities. (3334-6/97)
B. Clubs and Lod es. Meeting, recreational, or social facilities of a private or
nonprofit organization primarily for use by members or guests. This
classification includes union halls, social clubs and youth centers. (3334-6/97)
C. Communit and Human Service Facilities.
1. Dru Abuse Centers. Facilities offering drop-in services for persons
suffering from drug abuse, including treatment and counseling
without provision for on-site residence or confinement. (3334-6/97)
2. Prima Health Care. Medical services, including clinics, counseling and
referral services, to persons afflicted with bodily or mental disease or
injury without provision for on-site residence or confinement. (3334-6/97)
3. Emer enc Kitchens. Establishments offering food for the
"homeless" and others in need. (3334-6/97)
4. Emer enc Shelters. Establishments offering food and shelter
programs for "homeless" people and others in need. This
classification does not include facilities licensed for residential care,
as defined by the State of California, which provide supervision of
daily activities. (3334-6/97)
5. Residential Alcohol Recove General. Facilities providing 24-hour
care for more than six persons suffering from alcohol problems, in
need of personal services, supervision, protection or assistance.
These facilities may include an inebriate reception center as well as
facilities for treatment, training, research, and administrative services
for program participants and employees. This classification includes
only those facilities licensed by the State of California. (3334-6/97)
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Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 2 of 12
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6. Residential Care General. Twenty-four-hour non-medical care for
seven or more persons, including wards of the juvenile court, in need
of personal services, supervision, protection, or assistance essential
for sustaining the activities of daily living. This classification
includes only those facilities licensed by the State of California.(3334-
6/97)
D. Convalescent Facilities. Establishments providing care on a 24-hour basis
for persons requiring regular medical attention, but excluding facilities
providing surgical or emergency medical services. (3334-6/97)
E. Cultural Institutions. Nonprofit institutions displaying or preserving objects
of interest in one or more of the arts or sciences. This classification includes
libraries, museums, and art galleries. (3334-6/97)
F. Da Care Lar e-Famil . Non-medical care and supervision for 7 to 12
persons, or up to 14 persons if two of the persons are six years of age or
older on a less than 24-hour basis. Children under the age of 10 years who
reside in the home shall be counted for purposes of these limits.
(3334-6/97,3669-12/04)
G. Da Care General. Non-medical care for 13 or more persons on a less than
24-hour basis. This classification includes nursery schools, preschools, and
day-care centers for children or adults. (3334-6/97, 3669-12/04)
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H. Emer enc Health Care. Facilities providing emergency medical service
with no provision for continuing care on an inpatient basis. (3334-6/97)
1. Government Offices. Administrative, clerical, or public contact offices of a
government agency, including postal facilities, together with incidental
storage and maintenance of vehicles. (3334-6/97)
J. Heliports. Pads and facilities enabling takeoffs and landings by helicopter. (3334-
6/97)
K. Hospitals. Facilities providing medical, surgical, psychiatric, or emergency
medical services to sick or injured persons, primarily on an inpatient basis.
This classification includes incidental facilities for out-patient treatment, as
well as training, research, and administrative services for patients and
employees. (3334-6/97)
L. Maintenance and Service Facilities. Facilities providing maintenance and
repair services for vehicles and equipment, and materials storage areas. This
classification includes corporation yards, equipment service centers, and
similar facilities. (3334-6/97)
M. Marinas. A boat basin with docks , mooring facilities , supplies and
equipment for small boats. (3334-6/97)
N. Park and Recreation Facilities. Noncommercial parks, playgrounds,
recreation facilities, and open spaces. (3334-6/97)•
Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 3 of 12
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0. Public Safe Facilities. Facilities for public safety and emergency services,
including police and fire protection. (3334-6/97)
P. Reli 'ous Assembl . Facilities for religious worship and incidental religious
education, but not including private schools as defined in this section. (3334-6/97)
Q•Schools Public or Private. Educational institutions having a curriculum
comparable to that required in the public schools of the State of California. (3334-
6/97)
R. Utilities Ma'or. Generating plants, electrical substations, above-ground
electrical transmission lines, switching buildings, refuse collection, transfer,
recycling or disposal facilities, flood control or drainage facilities, water or
wastewater treatment plants, transportation or communications utilities, and
similar facilities of public agencies or public utilities. (3334-6/97)
S. Utilities Minor. Utility facilities that are necessary to support legally
established uses and involve only minor structures such as electrical
distribution lines, underground water and sewer lines, and recycling and
collection containers. (3334-6/97)
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. (3334-6/97, 3378-2/98)
B. Animal Sales and Services.
Animal Boardin . 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. (3334-6/97)
2. Animal Groomin . Provision of bathing and trimming services for
small animals on,a commercial basis. This classification includes
boarding for a maximum period of 48 hours. (3334-6/97)
3. Animal Ho itals. 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. (3334-6/97)
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. (3334-6/97)
5. E uestrian Centers. Establishments offering facilities for instruction in
horseback riding, including rings, stables, and exercise areas. (3334-6/97)
Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 4 of 12
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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
bu rial. (3334-6/97)
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. (3334-6/97)
D. Banks and Savin s 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 (3334-6/97, 3378-2/98)
1. With Drive-u Service. Institutions providing services accessible to
persons who remain in their automobiles. (3334-6/97)
E. Buildin 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. (3334-6/97, 3378-2/98)
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F. Caterin Services. Preparation and delivery of food and beverages for off-
site consumption without provision for on-site pickup or consumption. (See
also Eatin and Drinkin Establishments.) (3334-6197,3378-2/913)
G. Commercial Filmin . 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) (3334-6/97,3378-2/98)
H. Commercial Recreation and Entertainment. Provision of participant or
spectator recreation or entertainment. This classification includes theaters,
sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors
and poolrooms as regulated by Chapter 9.32; dance halls as regulated by
Chapter 5.28; ice/roller skating rinks, golf courses, miniature golf courses,
scale-model courses, shooting galleries, tennis/racquetball courts,
health/fitness clubs, pinball arcades or electronic games centers, cyber cafe
having more than 4 coin-operated game machines as regulated by Chapter
9.28; card rooms as regulated by Chapter 9.24; and fortune telling as
regulated by Chapter 5.72. (3334-6/97,3378-2/98,3669-12/04)
I . Limited. Indoor movie theaters, game centers and performing arts
theaters and health/fitness clubs occupying less than 2,500 square
feet. (3334-6/97)
1. Communications Facilities. Broadcasting, recording, and other
communication services accomplished through electronic or telephonic
mechanisms, but excluding Utilities (Major). This classification includes
radio, television, or recording studios; telephone switching centers; telegraph
offices; and wireless communication facilities. (3334-6/97,3378-2/98,3568-9/02)
Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 5 of 12
J. Eatin and Drinkin Establishments. Businesses serving prepared food or
beverages for consumption on or off the premises. (3334-6/97, 3378-2/98)
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. (3334-6/97)
a. Drive-through. Service from a building to persons in vehicles
through an outdoor service window. (3334-6/97)
b. Limited. Establishments that do not serve persons in vehicles
or at a table. (3334-6/97)
2. With Live Entertainment/Dancin . 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. (3334-6/97)
K. Food and Bevera e 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 percent or more of the
transactions are sales of prepared food for on-site or take-out consumption
shall be classified as Caterin Services or Eatin and Drinkin
Establishments. (3334-6/97, 3378-2/98)
1. With Alcoholic Bevera e Sales. Establishments where more than 10
percent of the floor area is devoted to sales, display and storage of
alcoholic beverages. (3334-6/97)
L. Food Processin . Establishments primarily engaged in the manufacturing or
processing of food or beverages for human consumption and wholesale
dist ribution. (3334-6/97,3378-2/98)
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. (3334-6/97, 3378-2/98)
N. Horticulture. The raising of fruits, vegetables, flowers, trees, and shrubs as a
commercial enterprise. (3334-6/97, 3378-2/98)
0. 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 Indus . (3334-6/97, 3378-2/98)
P. Maintenance and R air 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). (3334-6/97)
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Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 6 of 12
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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. (3334-6/97, 3378-2/98)
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R. Medical Mari'uana Dis ensa or Dis ensa . Any facility or location where
medical marijuana is made available to and/or distributed by or to three or
more of the following: a primary caregiver, a qualified patient, or a person
with an identification card, in strict accordance with California Health and
Safety Code Section 11362.5 et seq. A "medical marijuana dispensary" shall
not include the following uses, as long as the location of such uses are
otherwise regulated by this Code or applicable law: (3703-3/21/05)
1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and
Safety Code; (3703-3/21/05)
2. A health care facility licensed pursuant to Chapter 2 of Division 2 of
the Health and Safety Code; (3703-3/21/05)
3. A residential care facility for persons with chronic life threatening
illness licensed pursuant to Chapter 3.01 of Division 2 of the Health
and Safety Code; (3703-3/21/05)
4. A residential care facility for the elderly licensed pursuant to Chapter
3.2 of Division 2 of the Health and Safety Code; (3703-3/21/05)
5. A residential hospice, or (3703-3/21/05)
6. A home health agency licensed pursuant to Chapter 8 of Division 2
of the Health and Safety Code, as long as any such use complies
strictly with applicable law including, but not limited to, Health and
Safety Code Section 11362.5 et seq. (3703-3/21/05)
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. (3334-6/97, 3378-2/98, 3703-
3/21/05)
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, veterinary, and medical/dental' offices. This
classification includes medical/dental laboratories incidental to an office use,
but excludes banks and savings and loan associations. (333L,-6/97,3378-2/98,3703-
3/21/05)
U. 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. (3334-6/97,3378-2/98,3703-
3/21/05
0 Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 7 of 12
V. 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, yoga or martial arts studios, and massage in
conjunction with Personal Services business. (3334-6/97,3378-2/98,3669-12/04,3703-
3/21/05)
W. Personal Services. Provision of recurrently needed services of a personal
nature. This classification includes barber and beauty shops, seamstresses,
tailors, shoe repair shops, dry-cleaning businesses (excluding large-scale
bulk cleaning plants), photo-copying, and self-service laundries. (3334-6/97,
3378-2/98, 3703-3/21/05)
X. Research and Develo ment 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 an d analysis. (3334-6/97, 3378-2/98, 3703-3/21/05)
Y. 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). (3334-
6/97, 3378-2/98, 3703-3/21/05).
Z. Secondhand A liances and Clothin 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. (3334-6197,3378-2/98,3703-3/21/05)
AA Sex Oriented Businesses. Establishments as regulated by Chapter 5.70;
baths, sauna baths and massage establishments, as regulated by Chapter 5.24;
and figure model studios as regulated by Chapter 5.60. (3378-2/98,3703-3/21105)
BB. Swa 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 pub lic. (3334-6/97, 3703-3/21/05)
CC. Swa Meets Recurrin . 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. (3334-6/97,3703-
3/21/05)
DD. Tattoo Establishment. Premises used for the business of marking or coloring
the skin with tattoos as regulated by Chapter 8.70. (3334-6/97, 3703-3/21/05)
EE. Travel Services. Establishments providing travel information and
reservations to individuals and businesses. This classification excludes car
rental agencies. (3334-6197,3703-3/21/05)
Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 8 of 12
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FF. Vehicle /E ui ment Sales and Services . (3703-3/21/05)
1. Automobile Rentals. Rental of automobiles, including storage and
incidental maintenance, but excluding maintenance requiring
pneumatic lifts. (3334-6/97)
2. Automobile Washin . Washing, waxing, or cleaning of automobiles
or similar light vehicles. (3334-6/97)
3. Commercial Parkin Facilit . Lots offering short-term or long-term
parking to the public for a fee. (3334-6/97)
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. (3334-6/97)
5. Vehicle/E ui ment Re air. 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. (3334-6/97)
a. 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. (3334-6/97)
6. Vehicle/E ui ment 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. (3334-6/97)
7. Vehicle Stora e. Storage of operative or inoperative vehicles. This
classification includes storage of parking tow-aways, impound yards,
and storage lots for automobiles, trucks, buses and recreational
vehicles, but does not include vehicle dismantling. (3334-6/97)
GG. Visitor Accommodations. (3703-3/21/05)
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.
(3334-6/97)
2. Hotels and Motels. Establishments offering lodging on a weekly or
less than weekly basis. Motels may have kitchens in no more than 25
percent of guest units, and "suite" hotels may have kitchens in all
units. This classification includes eating, drinking, and banquet
service associated with the facility. (3334-6/97)
Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 9 of 12
HH. 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. (3334-6/97, 3703-3/21/05)
II. uasi Residential (3703-3/21/05
Residential Hotels. Buildings with 6 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. (3334-6/97)
2. Sin le Room Occu anc . 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. (3334-6/97)
3. Time-Share Facilities. A facility in which the purchaser receives the
right in perpetuity, for life or for a term of years, to the recurrent
exclusive use or occupancy of a lot, parcel, unit or segment of real
property, annually or on some other periodic basis for a period of time
that has been or will be allocated from the use or occupancy periods into
which the plan has been divided. A time-share plan may be coupled with
an estate in the real property or it may entail a license or contract and/or
membership right of occupancy not coupled with an estate in the real
prope rty. (3334-6/97)
204.12 Industrial Use Classifications
A. Indust Custom. Establishments primarily engaged in on-site production of
goods by hand manufacturing involving the use of hand tools and small-scale
equipment. (3334-6/97)
1. Small-scale. Includes mechanical equipment not exceeding 2
horsepower or a single kiln not exceeding 8 kilowatts and the
incidental direct sale to consumers of only those goods produced on-
site. Typical uses include ceramic studios, candle-making shops, and
custom jewelry manufacture. (3334-6/97)
B. Indust General. Manufacturing of products, primarily from extracted or
raw materials, or bulk storage and handling of such products and materials.
Uses in this classification typically involve a high incidence of truck or rail
traffic, and/or outdoor storage of products, materials, equipment, or bulk
fuel. This classification includes chemical manufacture or processing, food
processing and packaging, laundry and dry cleaning plants, auto dismantling
within an enclosed building, stonework and concrete products manufacture
(excluding concrete ready-mix plants), small animal production and
processing within an enclosed building, and power generation. (3334-6/97)
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Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 10 of 12
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C. Indust Limited. Manufacturing of finished parts or products, primarily
from previously prepared materials; and provision of industrial services, both
within an enclosed building. This classification includes processing,
fabrication, assembly, treatment, and packaging, but excludes basic
industrial processing from raw materials and Vehicle/Equipment Services,
but does allow food processing for human consumption. (3334-6/97)
D. Indust ' Research and Develo ment. Establishments primarily engaged in
the research, development, and controlled production of high-technology
electronic, industrial or scientific products or commodities for sale, but
prohibits uses that may be objectionable in the opinion of the Director, by
reason of production of offensive odor, dust, noise, vibration, or in the
opinion of the Fire Chief by reason of storage of hazardous materials. Uses
include aerospace and biotechnology firms, and non-toxic computer
component manufacturers. (3334-6/97)
This classification also includes assembly, testing and repair of components,
devices, equipment, systems, parts and components such as but not limited to
the following: coils, tubes, semi-conductors; communication, navigation,
guidance and control equipment; data processing equipment; filing and
labeling machinery; glass edging and silvering equipment; graphics and art
equipment; metering equipment; optical devices and equipment;
photographic equipment; radar, infrared and ultraviolet equipment; radio and
television equipment. (3334-6/97)
This classification also includes the manufacture of components, devices,
equipment, parts and systems which includes assembly, fabricating, plating
and processing, testing and repair, such as but not limited to the following:
machine and metal fabricating shops, model and spray painting shops,
enviromnental test, including vibration analysis, cryogenics, and related
functions, plating and processing shops, nuclear and radioisotope. (3334-6/97)
This classification also includes research and development laboratories
including biochemical and chemical development facilities for national
welfare on land, sea, or air; and facilities for film and photography,
metallurgy; pharmaceutical, and medical and x-ray research (3334-6/97)
E. Wholesalin Distribution and Stora e. Storage and distribution facilities
without sales to the public on-site or direct public access except for recycling
facilities and public storage in a small individual space exclusively and directly
accessible to a specific tenant. This classification includes mini-warehouses.
(3334-6/97)
204.14 Accessory Use Classifications
Accesso Uses and Structures. Uses and structures that are incidental to the principal
permitted or conditionally permitted use or structure on a site and are customarily found on
the same site. This classification includes detached or attached garages, home occupations,
caretakers' units, and dormitory type housing for industrial commercial workers employed
on the site, and accessory dwelling units. (3334-6/97)
Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 11 of 12
204.16 Temporary Use Classifications
A. Animal Shows. Exhibitions of domestic or large animals for a maximum of
seven days. (3334-6/97)
B. Festivals Circuses and Carnivals. Provision of games, eating and drinking
facilities, live entertainment, animal exhibitions, or similar activities in a tent
or other temporary structure for a maximum of seven days. This
classification excludes events conducted in a permanent entertainment
facility. (3334-6/97, 3521-2/02)
C. Commercial Filmin Limited. Commercial motion picture or video
photography at a specific location six or fewer days per quarter of a calendar
year. (See also Chapter 5.54, Commercial Photography) (3334-6/97)
D. Personal Pro ert Sales. Sales of personal property by a resident ("garage
sales") for a period not to exceed 48 consecutive hours and no more than
once every six months. (3334-6/97)
E. Real Estate Sales . An office for the marketing, sales, or rental of residential,
commercial , or industrial development . This classification includes "model
homes." (3334-6/97)
F. Retail Sales Outdoor. Retail sales of new merchandise on the site of a
legally established retail business for a period not to exceed 96 consecutive
hours (four days) no more than once every 3 months. (3334-6/97, 3669-12/04)
G. Seasonal Sales. Retail sales of seasonal products, including Christmas trees,
Halloween pumpkins and strawberries. (3334-6/97)
H. Street Fairs. Provision of games, eating and drinking facilities, live
entertainment, or similar activities not requiring the use of roofed structures.
(3334-6/97)
1. Trade Fairs. Display and sale of goods or equipment related to a specific
trade or industry for a maximum period of five days per year. (3334-6/97)
J. Tem or Event. Those temporary activities located within the coastal
zone that do not qualify for an exemption pursuant to Section 245.08. (3334-
6/97)
K. Tent Event. Allows for the overflow of religious assembly for a period not
to exceed 72 consecutive hours and not more than once every 3 months. (3521-
2/02)
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Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 12 of 12
apter-212 I Industrial ` Districts
(3254-10/94, 3378-2/98, 3523-2/02, 3568-9/02, Emergency Ord. 3703-3/21/05)
Sections:
212.02 Industrial Districts Established
212.04 IG and IL Districts: Land Use Controls
212.06 IG and IL Districts: Development Standards
212.08 Review of Plans
212.02 Industrial Districts Established (3254-10/94)
Two (2) industrial zoning distri cts are established by this chapter as follows : (2254-10/94)
A. The IG General Industrial District provides sites for the full range of manufacturing,
industrial processing , resource and energy production, general service, and
distribution. (3254-10/94)
B. The IL Limited Industrial District provides sites for moderate- to low-intensity
industrial uses, commercial services and light manufacturing. (3254-10/94)
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212.04 IG and IL Districts: Land Use Controls (3254-10/94)
In the following schedules, letter designations are used as follows: (3254-10/94)
"P" designates use classifications permitted in the I districts. (3254-10/94)
"L" designates use classifications subject to certain limitations prescribed by the "Additional
Provisions" which follow. (3254-10/94)
"PC" designates use classifications permitted on approval of a conditional use permit by the
Planning Commission. (3254-10/94)
"ZA" designates use classifications permitted on approval of a conditional use permit by the
Zoning Administrator. (3254-10/94)
"TU" designates use classifications allowed upon approval of a temporary use permit by the
Zoning Administrator. (3254-10/94)
"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. (3254-10/94)
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
ordinance. Where letters in parentheses are opposite a use classification heading, referenced
provisions shall apply to all use classifications under the heading. (3254-10/94)
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 1 of 13
0
IG AND IL P - Permitted
DISTRICTS: L - Limited (see Additional Provisions)
LAND USE PC - Conditional use permit approved by Planning Commission
CONTROLS 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 Provisions
Residential
Group Residential PC PC (J)
Public and Semipublic (A)(M)
Community and Human Service
Facilities PC PC (L)
Day Care, General ZA ZA (3523-2/02)
Heliports Maintenance & Service
Facilities PC PC (0)
Public Safety Facilities P P
Religious Assembly L-10 L-10
Schools, Public or Private L-6 L-6
Utilities, Major PC PC
Utilities, Minor L-7 L-7 (P)
Commercial Uses (D)(M)
Ambulance Services ZA ZA
Animal Sales and Services
Animal Boarding ZA ZA (3523-2/02)
Animal Hospitals ZA ZA (3523-2/02)
Artists' Studios P P
Banks and Savings and Loans L-1 L-1
Building Materials and Services P P
Catering Services - P
Commercial Filming ZA ZA
Commercial Recreation and
Entertainment L-2 L-2
Communication Facilities L-12 L-12 (3568-9/02)
Eating & Drinking Establishments L-3 L-3
w/Live Entertainment ZA ZA (S)(U) (3523-2/02)
Food & Beverage Sales ZA ZA (3523-2/02)
Hospitals and Medical Clinics - PC
Laboratories P P
Maintenance & Repair Services P P
Marine Sales and Services P P
Medical Marijuana Dispensary P P (L-13) (3703-3/05)
Nurseries P P
Offices, Business & Professional L-1 L-1 (H)
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Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 2 of 13
0
IG AND IL P - Permitted
DISTRICTS: L - Limited (see Additional Provisions)
LAND USE PC - Conditional use permit approved by Planning Commission
CONTROLS 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
IG 1L
Additional
Provisions
Personal Enrichment L-9 L-9 (U) (3523-2/02)
Personal Services L-1 L-l
Research & Development Services
Sex Oriented Businesses
P
L-l I
P
L-11 (3378-2/98)
(regulated by HBMC Chapter 5.70)(3378-2/98)
Sex Oriented Businesses PC PC (R) (3378-2/98)
(regulated by HBMC Chapters 5.24 & 5.60)(3378-2/98)
Swap Meets, Indoor/Flea Markets
Vehicle/Equipment Sales & Services
Service Stations
PC
L-4
PC
L-4
(Q)
•
Vehicle/Equipment Repair
Vehicle/Equip. Sales/Rentals
P
L-5
P
L-5
Vehicle Storage
Visitor Accommodations
Warehouse and Sales Outlets
P
PC
L-8
ZA
PC
L-8
(I)
(K)
Industrial (See Chapter 204)
Industry, Custom
Industry, General
Industry, Limited
Industr R & D
P
P
P
P
P
P
P
P
(B)(M)(N)
y,
Wholesaling, Distribution & Storage
Accessory Uses
Accessory Uses and Structures
Temporary Uses
Commercial Filming, Limited
P
P/U
P
P
P/U
P
(C)
(T) (3523-2/02)
Real Estate Sales TU TU (3523-2/02)
Trade Fairs
Nonconforming Uses
TU TU (E)
(F)
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Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 3 of 13
IG AND IL Districts : Additional Provisions
L-1 Only allowed upon approval of a conditional use permit by the Planning Commission for a
mixed use project, subject to the following requirements: (3254-10/94)
Minimum site area: 3 acres (3254-10/94)
Maximum commercial s ace: 35 percent of the gross floor area and 50 percent of the ground
floor area of buildings fronting on an arterial highway. (3254-10/94)
Phased develo ment: 25 percent of the initial phase must be designed for industrial
occupancy. For projects over 500,000 square feet, the initial phase must include 5 percent of
the total amount of industrial space or 50,000 square feet of industrial space, whichever is
greater. (3254-10/94)
L-2 Allowed upon approval of a conditional use permit by the Planning Commission when
designed and oriented for principal use by employees of the surrounding industrial
development or when designed for general public use , after conside ring vehicular access and
parking requirements. (3254-10/94)
L-3 Allowed upon approval of a conditional use permit by the Zoning Administrator when in a
free-st anding structure or as a secondary use in a building provided that no more than 20
percent of the floor area is occupied by such a use . (3254-10/94, 3523-2/02)
L-4 Only stations offering services primarily oriented to businesses located in an I Dist rict are
allowed with a conditional use permit by the Planning Commission . (3254-10/94)
L-5 No new or used automobile, truck or motorcycle retail sales are permitted. (3254-10/94)
L-6 Only schools offering higher education curriculums are allowed with conditional use permit
approval by the Planning Commission. No day care, elementary or secondary schools are
permitted. (3254-10/94)
L-7 Recycling Operations as an accessory use are permitted; recycling operations as a primary use
are allowed upon approval of a conditional use permit by the Planning Commission. (3254-
10/94)
L-8 Allowed upon conditional use permit approval by the Planning Commission when a single
building with a minimum area of 100,000 square feet is proposed on a site fronting an
arterial. The primary tenant shall occupy a minimum 95% of the floor area and the remaining
5% may be occupied by secondary tenants. (3254-10/94)
L-9 Permitted if the space is 2,500 square feet or less; allowed by conditional use permit approval
by the Zoning Administrator if the space is over 2,500 square feet. (3254-10/94, 3523-2/02)
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Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 4 of 13
IG AND IL Districts : Additional Provisions (continued)
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L-10 Allowed by conditional use permit approval by the Zoning Administrator for a period of time
not to exceed five (5) years. (3254 -10/94 ,3523-2/02)
L-11 Allowed subject to the following requirements: (3378-2/98)
A. A proposed sex oriented business shall be at least five hundred feet (500') from any
residential use, school, park and recreational facility, or any building used for
religious assembly (collectively referred to as a "sensitive use") and at least seven
hundred fifty feet (750') 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. (3378-2/98)
To determine such distances the applicant shall submit for review a straight line
drawing depicting the distances from the lot line of the parcel of land on which the
sex oriented business is proposed which includes all the proposed parking and: (3378-
2/98)
1. the lot line of any other sex oriented business within seven hundred fifty feet
(750') of the lot line of the proposed sex oriented business; and (3378-2/98)
2. the lot line of any building used for religious assembly, school, or park and
recreational facility within five hundred (500') feet of the lot line of the
proposed sex oriented business; and (3378-2/98)
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
five hundred feet (500') of the lot line of the proposed sex oriented business.
(3378-2/98)
B. The front facade of the building, including the entrance and signage, shall not be
visible from any major, primary or secondary arterial street as designated by the
Circulation Element of the General Plan adopted May, 1996, with the exception of
Argosy Drive. (3378-2/98)
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 Planning
Department Staff Review of a sex oriented business zoning permit with the drawing
described in subsection A, a technical site plan, floor plans and building elevations,
and application fee. Within ten (10) days of submittal, the Director shall determine if
the application is complete. If the application is deemed incomplete, the applicant
may resubmit a completed application within ten (10) days. Within thirty days of
receipt of a completed application, the Director shall determine of the application
complies with the applicable development and performance standards of the
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Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 5 of 13
IG AND IL Districts : Additional Provisions (continued)
Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are
not limited to the following: (3378-2/98)
1 Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site
Standards; Chapter 231, Off-Street Parking & Loading Provisions; Chapter
232, Landscape Improvements; and Chapter 236, Nonconforming Uses and
Structures. (3378-2/98)
2. Chapter 233.08(b), Signs. Signage shall conform to the standards of the
Huntington Beach Zoning and Subdivision Ordinance Code except
a. that such signs shall contain no suggestive or graphic language,
photographs, silhouettes, drawings, statues, monuments, sign shapes or
sign projections, or other graphic representations, whether clothed or
unclothed, including without limitation representations that depict
"specified anatomical areas" or "specified sexual activities"; and (3378-
2/98)
b. only the smallest of the signs permitted under Chapter 233.08(b) shall
be visible from any major, primary or secondary arterial street, such
streets shall be those designated in the Circulation Element of the
General Plan adopted May, 1996, with the exception of Argosy Drive.
3. Compliance with Huntington Beach Municipal Code Chapter 5.70. (3378-2/98)
D. The Director shall grant or deny the application for a sex oriented business zoning
permit for a sex oriented business. There shall be no administrative appeal from the
granting or denial of a permit application thereby permitting the applicant to obtain
prompt judicial review. (3378-2/98)
E. Ten (10) working days prior to submittal of an application for a sex oriented business
zoning permit for Staff Review, the applicant shall: (i) cause notice of the application
to be printed in a newspaper of general circulation; and (ii) give mailed notice of the
application to property owners within one thousand (1000') feet of the proposed
location of the sex oriented business; and the City of Huntington Beach, Department
of Community Development by first class mail. (3378-2/98)
The notice of application shall include the following: (3378-2/98)
1. Name of applicant; (3378-2/98)
2. Location of proposed sex oriented business, including street address (if
known) and/or lot and tract number; (3378-2/98)
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Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 6 of 13
•IG AND IL Districts: Additional Provisions (continued)
3. Nature of the sex oriented business, including maximum height and square
footage of the proposed development; (3378-2/98)
4. The City Hall telephone number for the Department of Communi ty
Development to call for viewing plans; (3378-2/98)
5. The date by which any comments must be received in writing by the
Department of Community Development . This date shall be ten (10) working
days from staff review submittal; and (3378-2/98)
6. The address of the Department of Community Development. (3378-2/98)
F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor a
special sign permit pursuant to Chapter 233. (3378-2/98)
G. A sex oriented business zoning permit shall become null and void one year after its
date of approval unless : (3378-2/98)
1. Construction has commenced or a Certificate of Occupancy has been issued,
whichever comes first; or (3378-2/98)
•
2. The use is established. (3378-2/98)
H. The validity of a sex oriented business zoning permit shall not be affected by changes
in ownership or proprietorship provided that the new owner or proprietor promptly
notifies the Director of the transfer. (3378-2/98)
1. A sex oriented business zoning permit shall lapse if the exercise of rights granted by it
is discontinued for 12 consecutive months. (3378-2/98)
•
L-12 For wireless communication facilities see section 230.96 Wireless Communication Facilities.
All other communication facilities permitted. (3568-9/02)
(A) Limited to facilities on sites of 2 acres or less. (3254-10/94)
(B) A conditional use permit from the Zoning Administrator is required for any new use or
enlargement of an existing use, or exterior alterations and additions for an existing use
located within 150 feet of an R district. The Director may waive this requirement if there is
no substantial change in the character of the use which would affect adjacent residential
property in an R District. (3254-10/94)
(C) Accessory office uses incidental to a primary industrial use are limited to 10 percent of the
floor area of the primary industrial use. (3254-10/94)
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 7 of 13
IG AND IL Districts : Additional Provisions (continued)
(D) Adjunct office and commercial space, not to exceed 25 percent of the floor area of the
primary industrial use, is allowed with a conditional use permit from the Zoning
Administrator, provided that it is intended primarily 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, any retail sales are limited to goods manufactured on-site, and the
primary industrial fronts on an arterial. (3254-10/94)
•
(E) See Section 241.22: Temporary Use Permits. (3254-10/94)
(F) See Chapter 236: Nonconforming Uses and Structures. (3254-10/94)
(H) Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except
for on-site leasing offices, are not permitted in any I District. (3254-10/94)
Administrative, management, regional or headquarters offices for any permitted industrial
use, which are not intended to serve the public, require a conditional use permit from the
Zoning Administrator to occupy more than 10 percent of the total amount of space on the site
of the industrial use. (3254-10/94)
(I)Automobile dismantling, storage and/or impound yards may be permitted subject to the
approval of a conditional use permit by the Planning Commission and the following criteria:
(3254-10/94)
•
(a) The site shall not be located within 660 feet of an R district. (3254-10/94)
(b) All special metal cutting and compacting equipment shall be completely screened
from view. (3254-10/94)
(c) Storage yards shall be enclosed by a solid 6-inch concrete block or masonry wall not
less than 6 feet in height and set back a minimum 10 feet from abutting streets with
the entire setback area permanently landscaped and maintained. (3254-10/94)
(d) Items stacked in the storage yard shall not exceed the height of the screening walls or
be visible from adjacent public streets. (3254-10/94)
(J) Limited to facilities serving workers employed on-site. (3254-10/94)
(K) See Section 230.46: Single Room Occupancy. (3254-10/94)
(L) Limited to Emergency Shelters. (3254-10/94)
(M) 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 Planning
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). (3254-10/94, 3523-2/02)•
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 8 of 13
•
IG AND IL Districts : Additional Provisions (continued)
(N)Major outdoor operations require conditional use permit approval by the Planning
Commission. Major outside operations include storage yards and uses utilizing more than
1/3 of the site for outdoor operation. (3254-10/94)
(0) See Section 230.40: Helicopter Takeoff and Landing Areas. (3254-10/94)
(P) See Section 230.44: Recycling Operations. (3254-10/94)
(Q) See Section 230.50: Indoor Swap Meets/Flea Markets (3254-10/94)
(R) See L-11(A) relating to locational restrictions. (3254-10/94, 3378-2/98)
(S) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be
permitted without a conditional use permit. (3523-2/02)
(T) Subject to approval by the Police Department, Public Works Department, and Fire
Department and the Planning Director. (3523-2/02)
(U) Limited notification requirements when no entitlement required. (3523-2/02)
• 1. Ten (10) working days prior to submittal for a building permit or certificate of
occupancy, applicant shall notice adjacent property owners and tenants by first class
mail. (3523-2/02)
2. Notice of application shall include the following: (3523-2/02)
a. Name of applicant. (3523-2/02)
b. Location of planned development or use, including address. (3523-2/02)
c. Nature of the proposed development shall be fully disclosed in the notice.
(3523-2/02)
d. Planning Department phone number and address of City Hall shall be
provided in the notice to call for viewing plans. (3523-2/02)
e. The date by which any comments must be received in writing by the Planning
Department and City appeal procedures. (3523-2/02)
f. Planning Department shall receive entire list including name and address of
those receiving the mailing. (3523-2/02)
L-13 Allowed subject to the following requirements: (3703-3/21/05)
A. A proposed medical marijuana dispensary shall be at least five hundred feet (500') from any
residential use, school, park and recreational facility, or any building used for religious
assembly (collectively referred to as a "sensitive use") and at least seven hundred fifty feet
(750') from another medical marijuana dispensary. For purposes of these requirements, all
distances shall be measured from the lot line of the proposed medical marijuana dispensary to
the lot line of the sensitive use or the other medical marijuana dispensary. The term
• "residential use" means any property zoned RL, RM, RMH, RH, RMP, and any properties with
equivalent designations under any specific plan. (3703-3/21/05)
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 9 of 13
•
To determine such distances the applicant shall submit for review a straight line drawing
depicting the distances from the lot line of the parcel of land on which the medical marijuana
dispensary is proposed which includes all the proposed parking and: (3703-3/21/05)
l . the lot line of any other medical marijuana dispensary within seven hundred fifty
feet (750') of the lot line of the medical marijuana dispensary; and (3703-3/21/05)
2. the lot line of any building used for religious assembly, school, or park and
recreational facility within five hundred (500') feet of the lot line of the medical
marijuana dispensary; and (3703-3/21/05)
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 five
hundred feet (500') of the lot line of the proposed medical marijuana dispensary.
(3703-3/21/05)
B. 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 Planning Department Staff Review
of a medical marijuana dispensary zoning permit with the drawing described in subsection A, a
technical site plan, floor plans and building elevations, and application fee. Within ten (10)
days of submittal, the Director shall determine if the application is complete. If the application
is deemed incomplete, the applicant may resubmit a completed application within ten (10)
days. Within thirty days of receipt of a completed application, the Director shall determine if
the application complies with the applicable development and performance standards of the
Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not
limited to the following: Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter
230, Site Standards; Chapter 231, Off-Street Parking & Loading Provisions; Chapter 232,
Landscape Improvements; and Chapter 236, Nonconforming Uses and Structures. (3703-3/21/05)
C. The Director shall grant or deny the application for a medical marijuana dispensary zoning
permit for a medical marijuana dispensary. There shall be no administrative appeal from the
granting or denial of a permit application thereby permitting the applicant to obtain prompt
judicial review. (3703-3/21/05)
D. A medical marijuana dispensary may not apply for a variance pursuant to Chapter 241 nor a
special sign permit pursuant to Chapter 233. (3703-3/21/05)
E. A medical marijuana dispensary zoning permit shall become null and void one year after its
date of approval unless: (3703-3/21/05)
1. Construction has commenced or a Certificate of Occupancy has been issued,
whichever comes first; or (3703-3/21/05)
2. The use is established. (3703-3/21/05)
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 10 of 13
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F. The validity of a medical marijuana dispensary zoning permit shall not be affected by changes
in ownership or proprietorship provided that the new owner or proprietor promptly notifies the
Director of the transfer. (3703-3/21/05)
G. A medical marijuana dispensary zoning permit shall lapse if the exercise of rights granted by it
is discontinued for 12 consecutive months. (3703-3/21/05)
212.06 IG AND IL Districts : Development Standards
The following schedule prescribes development standards for the I Districts. The first two columns
prescribe basic requirements for permitted and conditional uses in each district. Letters in
parentheses in the "Additional Requirements" column reference requirements following the schedule
or located elsewhere in this ordinance. In calculating the maximum gross floor area as defined in
Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall
be rounded down to the nearest whole number. All required setbacks shall be measured from
ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions. (3254-
10/94)
IG IL
Additional
Requirements
•
Residential Development (M)
Nonresidential Development
Minimum Lot Area (sq. ft.)20,000 20,000 (A)(B)(N)
Minimum Lot Width (ft.)100 100 (A)(B)
Minimum Setbacks
Front (ft.)10;20 10;20
(A)(C)
(D)
Side (ft.)-15 (E)(F)
Street Side (ft.)10 10
Rear (ft.)
Maximum Height of Structures (ft.)40 40
(E)
(G)
Maximum Floor Area Ratio (FAR)0.75 0.75
Minimum Site Landscaping (%)8 8 (H)(I)
Fences and Walls See Section 230.88
Off-Street Parking and Loading See Chapter 231 (J)
Outdoor Facilities See Section 230.74
Screening of Mechanical Equipment See Section 230.76 (K)
Refuse Storage Area See Section 230.78
Underground Utilities See Chapter 17.64
Performance Standards See Section 230.82 (L)
Nonconforming Uses and Structures See Chapter 236
Signs See Chapter 233
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Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 11 of 13
•
IG AND IL Districts: Additional Development Standards
(A) See Section 230.62: Building Site Required and Section 230.64: Development on
Substandard Lots. (3254-10/94)
(B) Smaller lot dimensions for new parcels may be permitted by the Zoning Administrator with
an approved development plan and tentative subdivision map. (3254-10/94)
(C) See Section 230.68: Building Projections into Yards and Required Open Space. Double-
frontage lots shall provide front yards on each frontage. (3254-10/94)
(D) The minimum front setback shall 10 feet and the average setback 20 feet, except for parcels
fronting on local streets where only a 10 foot setback is required. (3254-10/94)
All I Districts: An additional setback is required for buildings exceeding 25 feet in height (1
foot for each foot of height) and for buildings exceeding 150 feet in length (1 foot for each 10
feet of building length) up to a maximum setback of 30 feet. (3254-10/94)
(E) In all I districts, a 15-foot setback is required abutting an R district and no openings in
buildings within 45 feet of an R district. (3254-10/94)
(F) A zero-side yard setback may be permitted in the I districts, but not abutting an R district,
provided that a solid wall at the property line is constructed of maintenance-free masonry
material and the opposite side yard is a minimum of 30 feet. (3254-10/94)
Exception. The Zoning Administrator or Planning Commission may approve a conditional
use permit to allow a 15-foot interior side yards opposite a zero-side yard on one lot, if an
abutting side yard at least 15 feet wide is provided and access easements are recorded
ensuring a minimum 30-foot separation between buildings. This 30-foot accessway must be
maintained free of obstructions and open to the sky, and no opening for truck loading or
unloading shall be permitted in the building face,fronting on the accessway unless a 45-foot
long striped areas is provided solely for loading and unloading entirely within the building.
(3254-10/94)
(G) See Section 230.70: Measurement of Height. Within 45 feet of an R district, no building or
structure shall exceed a height of 18 feet. (3254-10/94)
(H) Plantin Areas. Required front and street-side yards adjacent to a public right-of-way shall
be planting areas except for necessary drives and walks. A 6-foot wide planting area shall be
provided adjacent to an R district and contain one tree for each 25 lineal feet of planting area.
(3254-10/94)
(1) See Chapter 232: Landscape Improvements. (3254-10/94)
(J) Truck or rail loading, dock facilities, and the doors for such facilities shall not be visible from
or be located within 45 feet of an R district. (3254-10/94)
(K) See Section 230.80: Antennae. (3254-10/94)
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Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 12 of 13
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IG AND IL Districts: Additional Development Standards (continued)
(L) Noise. No new use shall be permitted, or exterior alterations and/or additions to an existing
use allowed, within 150 feet of an R district until a report prepared by a California state-
licensed acoustical engineer is approved by the Director. This report shall include
recommended noise mitigation measures for the industrial use to ensure that noise levels will
conform with Chapter 8.40 of the Municipal Code. The Director may waive this requirement
for change of use or addition or exterior alteration to an existing use if it can be established
that there had been no previous noise offense, that no outside activities will take place, or if
adequate noise mitigation measures for the development are provided. (3254-10/94)
(M)Group residential or accessory residential uses shall be subject to standards for minimum
setbacks and height of the RH District . (3254-10/94)
212.08 Review of Plans
All applications for new construction and exterior alterations and additions shall be submitted to the
Community Development Department for review. Discretionary review shall be required as follows:
(3254-10/94)
• A. Zonin Administrator Review. Projects requiring a conditional use permit from the
Zoning Administrator; projects including a zero-side yard exception; projects on
substandard lots. (3254-10/94)
B. Desi Review Board. Projects within redevelopment project areas and areas within
500 feet of a PS district; see Chapter 244. (3254-10/94)
C. Plannin Commission. Projects requiring a conditional use permit from the
Commission. (3254-10/94)
•
D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the
project is exempt; see Chapter 245. (3254-10/94)
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 13 of 13
•
Chapter 222 FP Floodplain Overlay. District (=FP1, -FP2,
(3285-7/95, 3334-6/97, 3675-12/04)
Sections:
222.02 Floodplain Overlay District Established
222.04 Zoning Map Designator; Establishment of Hazard Areas
222.06 Definitions
222.08 Methods of Reducing Flood Hazards
222.10 General Provisions
222.12 Land Use Controls
222.14 Development Standards and Standards of Construction
222.16 Variances/Appeals
•
222.02 Floodplain Overlay District Established
The FP Floodplain Overlay District is established and applies to all areas of special flood
hazard within the City. If not controlled, periodic inundation results in loss of life and
property, health and safety hazards, disruption of commerce and government services,
extraordinary public expenditures for flood protection and relief, and impairment of the tax
base, all of which adversely affect the public health, safety and general welfare. These flood
losses are caused by the cumulative effect of obstructions in areas of special flood hazard
which increase flood heights and velocities, and when inadequately anchored, damage uses in
other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from
flood damage also contribute to the flood loss.
222.04 Zoning Map Designators ; Establishment of Hazard Areas
A. The areas of special flood hazard identified by the Federal Emergency Management
Agency (FEMA) in the Flood Insurance Study for the City of Huntington Beach dated
August 16, 1982 and delineated on the Flood Insurance Rate Map (FIRM) dated
February 16, 1983 (revised September 16, 1989) and the Orange County, County-wide
FIRM dated November 3, 1993 and all subsequent revisions and/or amendments are
hereby adopted by reference and declared to be a part of this chapter. FEMA's most
recent FIRM and flood insurance study (on file with the Director) may be
supplemented by studies for other areas which allow implementation of this chapter
and which are recommended to the City Council by the Director.
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Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Pagel of 15
B. Three subdistricts of the FP Overlay District are designated for purposes of flood
hazard provisions.
1. -FPI Subdistrict shall apply to that area designated as a floodway or right-of-way
necessary for implementation of the Santa Ana River Channel Plan by the U.S.
Army Corps of Engineers.
2. -FP2 Subdistrict shall apply to FIRM areas A, AE, AO, and AH and any other
area determined by the Director to be subject to similar flood hazards.
3. -FP3 Subdistrict shall apply to FIRM areas V or VE and any other area
determined by the Director to be subject to similar flood hazard.
C. The -FP District boundaries shall be delineated on the Zoning Map by adding a "-FP"
designator to the base district designator for the area affected, followed by the
appropriate subdistrict designation (1, 2, or 3).
222.06 Defmitions
Except where the context clearly indicates otherwise, the definitions given in this section
shall govern the provisions of this chapter.
A. Appeal. A request for review of the Director's interpretation of any provision of this
chapter, or a request for a variance.
B. Area of shallow floodin . A designated AO or AH zone on the Flood Insurance Rate
Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA). The
base flood depths range from one to three feet; a clearly-defined channel does not
exist ; the path of flooding is unpredictable and indeterminate; and velocity flow may
be evident.
C. Area of s ecial flood hazard. The land in the floodplain within a community subject
to a 1 percent or greater chance of flooding in any given year. This area is designated
as Zone A, AO, AH, AE, V, and VE on the FIRM.
D. Base flood. A flood having a 1 percent chance of being equaled or exceeded in any
given year (also called the 100-year flood).
E. Basement . Any area of a building having its floor subgrade on all sides.
F. Breakawa wall. Any type of wall, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic, or any other suitable
building material which is not part of the structural support of the building and
which is designed to break away under abnormally high tides or wave action
without damage to the structural integrity of the building on which it is used or any
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Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 2 of 15
•building to which it might be carried by flood waters. A breakaway wall shall have
a safe design loading resistance of not less than 10 and no more than 20 pounds per
square foot. Use of breakaway walls must be certified by a California-registered
engineer or architect and shall meet the following conditions:
1. Breakaway wall collapse shall result from a water load less than that which would
occur during the base flood; and
2. The elevated portion of the building shall not incur any structural damage due to
the effects of wind and water loads acting simultaneously in the event of a base
flood.
G. Coastal hi hazard area. The area subject to high velocity waters including, but not
limited to, coastal and tidal inundation or tsunamis. The area is designated on a
FIRM as Zone V and VE and as -FP3 in this Chapter.
H. Development. Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavating, or drilling operations.
•
1. Existin manufactured home ark or subdivision. A manufactured home park or
subdivision for which the construction of facilities including utilities, final grading or
paving of pads and the construction of streets was completed before the effective date
of the City's floodplain management regulation.
J. Ex ansion to an existin manufactured home ark or subdivision. The preparation of
additional manufactured home sites in an existing manufactured home park or
subdivision beyond those that had been completed prior to the effective date of the
provisions in this chapter.
K. Flood or floodin . A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland or tidal waters; the
unusual and rapid accumulation of runoff of surface waters from any source;
mudslides; and condition resulting from flood-related erosion.
L. Flood Insurance Rate Ma FIRM and Flood Bounda and Floodway Map. The
official maps on which areas of special flood hazard, the risk premium zones and the
floodway applicable to the community are delineated.
M. Flood Insurance Stud . The "Flood Insurance Study for the City of
Huntington Beach," prepared by the Federal Insurance Administration (FIA),
providing flood profiles, the Flood Insurance Rate Maps, the Flood Boundary and
Floodway Maps and the water surface elevations of the base flood.
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Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 3 of 15
N. Floodplain. Any land area susceptible to being inundated by water from any source.
0. Flood lain mana ement. The operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited to
emergency preparedness plans, flood control works, and floodplain management
control.
P. Flood lain mana ement re lations. Zoning and subdivision ordinances, building
codes, health regulations, special purpose ordinances (such as floodplain, grading and
erosion control) and other applications of police power. This term describes federal,
state or local regulations in any combination thereof which provide standards for the
purpose of preventing and reducing flood damage and loss.
Q•Floodproofing. Any combination of structural and nonstructural additions, changes or
adjustments to nonresidential structures which reduce or eliminate flood damage to
real estate or improved real property, water, and sanitary facilities, structures, and
their contents.
R. Floodway. The channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than 1 foot.
S. Functionall de endent use. A use which cannot perform its intended purposes unless
it is located or carried out in close proximity to water. The term includes only
docking facilities, port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities, but does not include
long-term storage or related manufacturing facilities.
T. Hi est adjacent ade. The highest natural elevation of the ground surface next to
the proposed walls of a structure prior to construction.
U. Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood-resistant enclosure, usable solely for the parking of vehicles,
building access or storage in an area other than a basement area, is not considered a
building's lowest floor provided that such enclosure is not built so as to render the
structure in violation of the applicable non-elevation design requirements of this
chapter.
V. Mean Sea Level. The National Geodetic Vertical Datum of 1929 or other datum, to
which base flood elevations shown on the FIRM are referenced.
W. New construction. Structures for which the "start of construction" commenced on or
after the effective date of the City's floodplain management control (February 16,
1983).
X. Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward
of the beach.
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Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 4 of 15
•Y. Start of construction. The date the building permit was issued, provided the actual
start of construction, repair, reconstruction, placement, or other improvement was
within 180 days of the permit date. The actual start means either the first placement
of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the
stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation such as clearing, grading,
and filling; or does it include the installation of streets and/or walkways; or does it
include excavation for a basement, footings, piers, or foundations of the erection of
temporary forms; or does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the
main structure.
Z. Substantial dama e. Damage of any origin sustained by a structure whereby the cost
of restoring the structure to the condition existing before damage would equal or
exceed 50 percent of the market value before the damage occurred.
•
AA. Substantial im rovement. Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50 percent of the market value of the structure
before such repair, reconstruction, or improvement. This term includes structures
which have incurred "substantial damage," regardless of the actual repair work
performed. This term does not, however, include: (3285-7/95, 3334-6/97)
1. Any improvement to a structure to comply with existing state or local health,
sanitary, or safety code specifications which are solely necessary to ensure safe
living conditions; or
2. Any alteration of a structure listed on the National Register of Historic Places or a
State Inventory of Historic Places that will not preclude the structure's continued
designation . (3285-7/95, 3334-6/97)
"Market value" of a structure, as used herein, shall be the replacement cost as
determined by its replacement value according to the valuation figures in use by
the Director prior to such repair, reconstruction, or improvement. In the
alternative, the applicant may submit a report by a qualified real estate appraiser
which indicates the "replacement cost" of the structure. (3285.7/95, 3334-6/97)
"Cost" for a repair, reconstruction, or improvement project, as used herein, shall
be determined by valuation figures in use by the Director.
•
BB. Variance: A grant of relief from the requirements of this chapter which permits
construction in a manner which would otherwise be prohibited. (32E.5-7/95,3334-6/97)
Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 5of15
222.08 Methods of Reducing Flood Hazards
Methods and provisions for reducing flood hazard include:
A. Restricting or prohibiting uses which are dangerous to health, safety, and property due
to water or erosion hazards, or which result in damaging increases in erosion or flood
heights or velocities;
B. Requiring that uses and structures vulnerable to floods be protected against flood
damage at the time of initial construction;
C. Controlling the alteration of natural floodplain, stream channels, and natural
protective barriers, which help accommodate or channel flood waters;
D. Controlling filling, grading, dredging, and other development which may increase
flood damage;
E. Preventing or regulating the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards in other areas; and
F. Any methods and provisions for reducing flood hazard within the coastal zone shall
be consistent with the Coastal Conservation District. (3334-6/97)
222.10 General Provisions
A. Compliance. No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this chapter and other
applicable provisions. This chapter is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However, where this chapter or
another chapter, easement, covenant, or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
B. Warnin and Disclaimer of Liabilit . The degree of flood protection required by this
chapter is considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. As a consequence, floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes. This
chapter does not imply that land outside the areas of special flood hazard or uses
permitted within such areas will be free from flooding or flood damage. This chapter
shall not create liability on the part of the incidental parcels which do not front a
sandy beach, which have bulkheads and are not adjacent to recreation or public use
areas and other existing or proposed lateral or vertical easements, or when
development is proposed on an existing subdivided single-family residential lot
between developed residential parcels.
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Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 6 of 15
•C. Director - Res onsibilities. The duties and responsibilities of the Director in
enforcing the provisions of this chapter shall include, but not be limited to:
1. Reviewing building permits to determine that the permit requirements of this
chapter have been satisfied, that all other required state and federal permits have
been obtained, and that the site is reasonably safe from flooding.
2. Reviewing building permits to determine that the proposed development, when
considered with all other existing and anticipated development, will not increase
the water surface elevation of the base flood more than 1 foot at any point.
3. Making interpretations where needed as to the exact location of the boundaries of
areas of special flood hazard.
4. Obtaining and maintaining for public inspection flood insurance policy
information concerning the certified elevation for residential developments and
subdivisions, and the certification required for floor elevations, for developments
located in areas where shallow flooding is likely to occur; for floodproofing of
nonresidential developments; for coastal high hazard areas; for anchoring of
manufactured homes; and for floodway encroachments.
•5. Notifying adjacent communities and responsible staff and federal agencies prior to
any alteration or relocation of a watercourse. The Director shall further ensure
that the flood-carrying capacity is maintained for any watercourse, or portion
thereof, which has been altered or relocated.
6. Taking action to remedy violations of this chapter as provided in Chapter 249.
D. Buildin Permit Review. Application for building permit shall include:
1. Proposed elevations in relation to mean sea level, of the lowest floor of all
structures; in -FP2, elevation of highest adjacent grade and proposed elevation of
lowest floor of all structures;
2. Proposed elevations in relation to mean sea level and the FIRM design flood to
which any structure will be floodproofed; and
3. A description of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
4. All appropriate certifications required in Section 222.14.
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Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 7 of 15
222.12 Land Use Controls
A. -FPl Subdistrict
1. Permitted Uses
a. Flood control channels, levees, spreading grounds and basins, roads, bridges
and storm drains.
b. Agricultural uses which require no permanent structures, landfill, storage of
materials or equipment, or stream alteration that would result in any increase
in flood levels within the regulatory floodway.
2. Uses Re uirin a Conditional Use Permit from the Zonin Administrator (3675-12/04)
a. Minor Utilities. (3675-12/04)
b. Temporary structures which can be readily removed in the time available after
flood warning. (3675-12/04)
c. Recreation areas, parks, campgrounds, playgrounds, riding and hiking trails,
parking lots, wildlife and natural preserves, and similar open space uses that
do not have substantial permanent structures. (3675-12/04)
3. Uses Re uirin a Conditional Use Permit from the Plannin Commisssion (3675-12/04)
a. Major utilities. (3675-12/04)
4. Prohibited Uses (3675-2/04)
a. Landfills, excavations, improvements, developments, or encroachments that
will obstruct waterflow, cause any cumulative increase in the elevation of the
design flood water profile by more than one (1) foot at any point, tend to
broaden direct flood flows out of the floodway, impair the design flood
conveyance capability of the floodway, or otherwise create a potential hazard
to life or property resulting from flood flows.
b. All encroachments, including fill, new construction, substantial
improvements, and other development unless a California-registered civil
engineer demonstrates to the satisfaction of the Director that such
encroachments will not result in any increase in flood levels within the
floodway.
c. Permanent structures.
d. Storage of substances or materials capable of floating which could add to the
debris load of a flood.
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Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 8 of 15
e. Storage of chemicals, explosives, flammable liquids, toxic materials, or
anything of a nature which could create a potential danger to the public health
and welfare.
B. -FP2 Subdistrict
1. Permitted Uses
a. Excavation and removal of rock , sand gravel, and other materials, providing that
the flood -carrying capacity of the watercourse is preserved and the excavation
area is designed to receive and release floodwaters , and such excavations will
not create a potential hazard to adjacent properties resulting, from flood or
erosion conditions.
b. Landfills that do not cause floodwaters to be diverted onto adjacent properties, are
protected against erosion from floodwaters, and do not increase the elevation
of the design flood by more than one (1) foot at any point, or that can fully
provide for the design flood by means of watercourse improvements.
0
c. New structures and improvements permitted by the base district or allowed with a
conditional use permit including manufactured homes, which comply with the
applicable standards of construction of this chapter.
2. Prohibited Uses
a. Landfills, excavations, improvements, developments, or encroachments that will
obstruct waterflow, cause a cumulative increase in the elevation of the design
floodwater profile by more than 1 foot at any point, tend to broaden or direct
flood flows out of the natural floodplain, or otherwise cause a potential hazard
to life or property resulting from flood flows.
C. -FP3 Subdistrict
All uses permitted or conditionally permitted in the base district with which the -FP3
district is combined are permitted subject to approval of a building permit and
compliance with the standards of construction of this chapter, except for the following
uses which are prohibited:
•
1. The placement of manufactured homes except in existing parks or subdivisions.
2. Man-made alteration of sand dunes which would increase potential flood damage.
3. Fill used for structural support of buildings. (3285-7/95.3334-6i97)
Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 9 of 15
222.14 Development Standards and Standards of Construction
Development standards for the -FP Overlay District shall be specified by a conditional use
permit or shall be those of the base district with which the -FP district is combined, provided
that the following standards of construction shall apply in the -FP2 and -FP3 subdistricts.
A. -FP2 Standards of Construction.
1. Anchoring. All new construction and substantial improvements shall be anchored
to prevent flotation, collapse or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy. All
manufactured homes shall comply with the anchoring standards of Section
222.14A5.
2. Construction Materials and Methods. All new construction and substantial
improvements shall use construction methods and practices that minimize flood
damage, and shall utilize materials and utility equipment resistant to flood
damage. Adequate drainage paths around structures on slopes shall be provided to
guide flood waters around and away from proposed structures.
3. Elevation and Flood roofin .
a. New residential construction and substantial improvement of any residential
structure shall have the lowest floor including basement elevated one foot
above the base flood elevation except: (3285-7/95, 3334-6/97)
1. In an AO zone the lowest floor including basement shall be elevated one
foot above the highest adjacent grade to a height exceeding the depth
number on the FIRM by one foot or at least three (3) feet if no depth
number is specified, and (3285-7/95, 3334-6197)
2. In an A zone, the lowest floor including basement shall be elevated one foot
above the base flood elevation as determined by the City. (3285-7/95, 3334-6/97)
Upon completion of the structure, the elevation of the lowest floor including
basement shall be certified by a California-registered architect, engineer, or
surveyor. The elevation certificate shall be submitted to the Director. 11/97
b. Nonresidential construction shall be either elevated to comply with subsection 3a or
together with attendant utility and sanitary facilities be floodproofed below the level
stated in subsection 3a so that the structure is watertight with walls substantially
impermeable to the passage of water and be capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. A floodproofing certificate shall be
completed and certified by a California registered engineer or architect and
submitted to the Director. (11/97
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Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 10 of 15
•
c. Space Below the Lowest Floor. All new construction and substantial improvement
with fully enclosed areas below the lowest floor (excluding basements) that are
usable solely for parking of vehicles, building access or storage, and which are
subject to flooding, shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwater. All
proposals for using space below the lowest floor shall exceed the following
requirements:
(1) Be certified by a California registered engineer or architect; or
(2) Be certified to comply with a local floodproofing standard approved by the
Federal Insurance Administration, Federal Emergency Management Agency, or
(3285-7/95, 3334-6/97)
(3) Have a minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall be
provided. The bottom of all openings shall be no higher than one foot above
grade. Openings may be equipped with screens, louvers, valves or other
coverings or devices provided they permit the automatic entry and exit of
floodwaters. (3285-7/95)
•
d. All preliminary development proposals shall identify the flood hazard area, the
elevation of the base flood, and be consistent with the need to minimize flood
damage. All developments shall provide adequate drainage to reduce exposure to
flood hazards.
e. All final subdivision plans shall provide the elevation of proposed structures
and pads. The lowest floor and pads shall be certified by a California
registered engineer or surveyor and submitted to the Director. (3285-7/95. 3334 -6/97)
4. Standards for Utilities and Mechanical E ui ment.
a. All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood waters into the system
and discharge from systems into flood waters.
b. On-site waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
c. All new construction and substantial improvements shall be constructed with
electrical, heating, ventilation, plumbing and air conditioning equipment and
other service facilities designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of
flooding.
•
d. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed in a
floodproof manner.
Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page I 1 of 15
5. Standards for Manufactured Homes.
a. All new and replacement manufactured homes and substantial improvements
to manufactured homes on sites located (3285-7/95, 3334-6/97)
1. outside of a manufactured home park or subdivision, (3285-7/95, 3334-6/97)
2. in a new manufactured home park or subdivision, (3285-7/95, 3334-6/97)
3. in an expansion to an existing manufactured home park or subdivision, or
(3285-7/95, 3334-6/97)
4. in an existing manufactured home park or subdivision on a site upon
which a manufactured home has incurred substantial damage as a result of a
flood (3285-7/95, 3334-6/97)
shall be elevated on a permanent foundation so that the lowest floor is
elevated one foot above the base flood elevation. (3285-7/95, 3334-6/97)
b. All manufactured homes to be placed or substantially improved in an existing
manufactured home park or subdivision shall be elevated to have the lowest floor
one foot above the base flood elevation or the manufactured home chassis
supported by reinforced piers or other foundation elements of equivalent strength
that are a minimum of 3 feet above grade. Where a site upon which a
manufactured home has incurred substantial damage as the result of a flood,
subsection 5a shall apply.
c. All manufactured homes shall be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement.
B. -FP3 Standards of Construction
1. Location of Buildin s
a. All new construction shall be located on the landward side of the reach of the
me an high tide. (3285-7/95, 3334-6/97)
2. Construction Methods:
a. Elevation. All new construction and substantial improvement shall have the
lowest floor free of obstructions or constructed with breakaway walls as
defined in Section 222.06. Such enclosed space shall not be used for human
habitation but may be used for parking, building access or storage.(3285-7/95, 3334-
6/97)
•
•
•
Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 12 of 15
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b. Structural Su ort. All new construction and substantial improvements shall
be elevated on adequately anchored pilings or columns so that the bottom of
the lowest horizontal portion of the structural member of the lowest floor
(excluding the pilings or columns) is elevated at or above the base flood level.
The pile or column foundation and structure attached therel o is anchored to
resist flotation, collapse, and lateral movement due to the effects of wind and
water loads acting simultaneously on all building components. Water loading
values used shall be those associated with the base flood. Wind loading values
used shall comply with standards adopted by the City. (32850/95,3334-6/97)
3. Certification. A California-registered engineer or architect shall certify to the
satisfaction of the Director that the proposed structure complies with the
requirements of this section. The Director shall obtain and maintain records of
the elevation (in relation to mean sea level) of the bottom of the lowest
structural member of the lowest floor (excluding pilings or columns) of all new
and substantially improved structures, and whether such structures contain a
basement. (3285-7/95, 3334-6/97)
•
C. Standards for Recreational Vehicles. All recreational vehicles placed on a site
within a flood hazard zone shall be fully licensed and ready for highway use,
restricted to a maximum stay on site of 180 days unless the elevation and anchoring of
the recreational vehicle complies with the Standards for Manufactured Homes. All
recreational vehicles placed in coastal high hazard areas (V and VE zones) shall also
comply with -FP3 standards for construction. (3285-7/95, 3334-6/97)
222.16 Variances/Appeals
A. General Provisions. The Planning Commission shall hear and decide requests for
variances from the standards of this chapter as well as requests for appeals when it is
alleged there is an error in any requirement, decision, or determination made by the
Director in the enforcement or administration of this chapter in accord with the
procedures established in Chapter 241 and 248.
1. Variances may be issued for new construction and substantial improvements on a
lot of one-half acre or less in size contiguous to and surrounded by lots with
existing structures constructed below base flood level, providing the standards
listed in this chapter are considered. As the lot size increases beyond one-half
acre, the technical justification required for issuing the variances increases.
is
2. Variances may be granted for new construction and substantial improvement and
for other development necessary for the conduct of a functionally dependent use
provided that the provisions of Chapter 222 are satisfied and that the structure or
other development is protected by methods that minimize flood damage during
the base flood and create no additional threats to public safety or public nuisance.
Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 13 of 15
3. Variances may be issued for the repair or rehabilitation of historic structures
which are listed on a local or state inventory, determined by the Secretary of the
Interior to be historic, or listed on the National Register of Historic Places
provided the proposed repair or rehabilitation is necessary to preserve the historic
character and design of the structure and allow the continued designation as an
historic structure.
4. Any applicant to whom a variance is granted shall be provided written notice that
the structure will be permitted to be built with a lowest floor elevation below the
regulatory flood elevation and that the cost of flood insurance will be
commensurate with the increased risk. A copy of the notice shall be recorded by
the Director in the office of the Orange County Recorder and shall be recorded in
a manner so that it appears in the chain of title of the affected parcel of land.
B. Factors to be Considered. In reviewing applications, the Planning Commission shall
consider all relevant factors, including technical evaluations, this section, and other
standards specified in this chapter. In reaching a decision on an appeal or variance,
the Commission shall consider the: (3285-7/95)
1. Danger that materials may be swept onto other lands to the injury of others;
2. Danger of life and property due to flooding or erosion damage;
3. Importance of the services provided to the community by the proposed facility;
4. Necessity of waterfront location for the facility, if applicable;
5. Availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
6. Compatibility of the proposed use with existing and anticipated developments;
7. Relationship of the proposed use to the General Plan, Local Coastal Program, and
the floodplain management program for that area;
8. Safety of access to the property in time of flood for ordinary and emergency
vehicles;
9. Expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters expected at the site; and
10. Cost of providing government services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer,
gas, electric and water services, and streets and bridges.
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Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 14 of 15
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C. Findings. When granting a variance, the Planning Commission shall make the
following findings in addition to the findings contained in Chapter 241.
1. The project provides the minimum deviation to afford relief from the provisions
of Chapter 222. .
2. The proposed project will not result in increased flood heights , additional threats
to public safety or extraordinary public expense ; create a nuisance, cause fraud or
victimization of the public , or conflict with existing local laws or ordinances.
D. Authori to Im ose Additional Conditions . In addition to the authority to impose
conditions under Section 241.14, the Planning Commission may attach conditions to
the granting of varian ces as deemed necessa ry.
E. Records. The Director shall maintain a record of all variance actions and findings to
justify their issuance, and report such variances to FEMA and FIA upon request.
(3285-7/95, 3334-6197)
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Huntington Beach Zoning and Subdivision Ordinance Chapter 222 Page 15 of 15
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Chapter 234:- Mobilehome Park-Conversions -
(3334 - 6/97, 3595-1/03, 3689-12/04)
Sections:
234.02 Applicability
234.04 Definitions
234.06 Removal of MHP Overlay or RMP Zone or Change of Use
234.08 Mitigation of Adverse Impacts and Reasonable Costs of Relocation -
Relocation - Assist ance Plan
234.09 Application for Exemption from Relocation Assist ance Obligations
234.10 Acceptance of Reports
234.12 Action by Planning Commission
234.14 Fees Required
234.02 Applicability
All findings required for removal of the MHP overlay zone shall also be applied to requests for
rezoning existing RMP districts to different zoning districts, and for any change of use as hereinafter
defined.
All findings required for removal of the MHP overlay, rezoning from RMP or change in use shall be
• required for all property upon which a mobilehome park then exists, or upon which a mobilehome
park existed at any time within the preceding five (5) years.
234.04 Definitions
Words and phrases whenever used in this chapter shall be construed as defined herein unless from
the context a different meaning is intended and more particularly directed to the use of such words
and phrases.
A. Affordable unit. A unit that is sold to and occupied by a low or moderate income
household. Affordable unit shall also mean a rental unit for which the monthly
payment does not exceed 25 percent of the household's gross income for low income
households or 30 percent of the household's gross income for moderate income
households.
B. Applicant. The person, firm, corporation, partnership, or other entity having leasehold
interest or fee ownership in the operation of a mobilehome park.
C. Change of use. Use of the park for a purpose other than the rental or the holding out
for rent of two or more mobilehome sites to accommodate mobilehomes used for
human habitation, and shall not mean the adoption, amendment, or repeal of a park rule
or regulation. "Change of use" may affect an entire park or any portion thereof, and
such "change of use" shall include, but is not limited to, a change of a park or any
portion thereof to a condominium, stock cooperative, planned unit development,
commercial use, industrial use, or vacant land.
• D. Eli 'ble owner. Any mobilehome owner owning a mobilehome in a park at the time of
issuance of the notice of intent to change use, but shall not include any mobilehome
owner who is renting his unit to another party at such time.
Huntington Beach Zoning and Subdivision Ordinance Chapter 234 Page 1 of 6
E. Manufactured home. Shall mean the same as Mobilehome as used in this Chapter (368
12/04)
F. Market rate unit. A residential unit that is sold on the open market without constraints
imposed on the sales price, rental rate, or buyer qualifications. (3689-12/04)
G. Mobilehome. A structure designed for human habitation and for being moved on a
street or highway under permit pursuant to the California Vehicle Code Section 35790.
Mobilehome does not include a recreational vehicle, as defined in the California Civil
Code Section 799.24, or a commercial coach, as defined in Health and Safety Code
Section 18218. (3689-12/04)
H. Mobilehome Park. An area of land where two or more mobile home sites are rented,
or held out for rent, to accommodate mobilehomes used for human habitation.
Mobilehome park shall not include a mobilehome subdivision of stock cooperative.
(3689-12/04)
1. Mobilehome s ace. Any area, tract of land, site, lot, pad or portion of a mobilehome
park designated or used for the occupancy of one mobilehome. (3689-12/04)
J. Notice of intent to chan e use. Notification as required by California Civil Code
Section 798.56(g)(2). (3595-1/03. 3689-12/04))
K. Senior citizen unit. A residential unit which meets the standards for an affordable unit
which is situated in a project that is designed to accommodate senior citizens through
special financing programs and/or modified development standards.
•
234.06 Removal of MHP Overlay or RMP Zone or Change of Use
The City Council shall not approve a zone change for any parcel when such change would have the
effect of removing the MHP or RMP designation from that property, or approve a change of use
unless the following findings have been made:
A. That all applicable requirements as set forth in California Government Code Section
66427.4, or 65863.7, whichever is applicable, have been completed. (3595-1/03)
B. That the proposed zoning is consistent with the General Plan of the City of Huntington
Beach and all elements thereof; and for projects located within the coastal zone that the
proposed zoning is consistent with the Land Use Plan portion of the Local Coastal
Program. (3334-6/97)
C. That the proposed change of land use will not have an adverse effect upon the goals and
policies for provision of adequate housing for all economic segments of the community,
as set forth in the Housing Element of the Huntington Beach General Plan.
D. That the property which is the subject of the zone change would be more appropriately
developed in accordance with uses permitted by the underlying zoning, or proposed
zoning.
E. That a notice of intent to change the use of a mobilehome park and relocate
mobilehome owners was delivered to such owners and to the Department of
Community Development at least eighteen (18) months prior to the date the
mobilehome owner is required to vacate the premises.
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Huntington Beach Zoning and Subdivision Ordinance Chapter 234 Page 2 of 6
0 F. The zone change shall not become effective unless a Local Coastal Programamendment is effectively certified by the Coastal Commission. (3334-6/97)
234.08 Mitigation of Adverse Impacts and Reasonable Costs of Relocation - Relocation
Assistance Plan : (3689-12/04)
A. Consistent with California Government Code Section 65863.7 (e), the applicant shall
take steps to mitigate the adverse impact of the conversion, closure or cessation of use
on the ability of displaced mobilehome park residents to find adequate housing in a
mobilehome park. These required steps shall not exceed the reasonable cost of
relocation as detailed in (1) below. (3689-12/04)
•
Relocation Costs. All eligible mobilehome owners shall be entitled to receive the
cost of relocation . As used in this section , the reasonable costs of relocation shall
include the cost of relocating displaced homeowners ' mobile/manufactured
home , accesso ries and possessions to comparable mobile/manufactured home
park within twenty (20) miles of its existing location , including costs of
disassembly , removal , transportation, and reinstallation of the
mobile /manufactured home and accesso ries at the new site, and replacement or
reconstruction of blocks, skirting, siding , porches, decks, awnings or earthquake
bracing if necessitated by relocation ; reasonable living expenses of displaced
park residents from the date of actual displacement until the date of occupancy at
the new site; payment of any security deposit required at the new site; and the
difference between the rent paid in the existing park and any higher rent at the
new site for the first twelve (12) months of the relocated tenancy . (3689-12/04)
2. Mobilehome Purchase. If the mobilehome cannot be relocated to a comparable
mobile/m anufactured home park within twenty (20) miles of its existing location,
and the homeowner has elected to sell his or her mobile /manufactured home, the
reasonable costs of relocation shall include the cost of purchasing the
mobile /manufactured home of a displaced homeowner , including any optional
equipment and/or tag-a-longs and expando rooms at its in-place value. Such
value shall be determined after consideration of relev ant factors, including the
value of the mobile /manufactured home in its current location , assuming the
continuation of the mobile /manufactured home park in a safe, sanitary and well
maintained condition and not conside ring the effect of the change of use on the
value of the mobile /manufactured home , but at no time shall the value of the
mobile /manufactured home be less than the replacement cost of a new home of
similar size and square footage. (3689-12/04)
B. Extensions of time; In-park relocation
1 The applicant may grant one (1) six-month extension to the length of time given
to the mobilehome owners in the notice of intent to change use by notifying the
mobilehome owners of such extension at least four (4) months prior to the date
specified in such notice. The extension shall be granted for no more and no less
than six (6) months. (3689-12/04)
2. An applicant may, with the consent of the mobilehome owner, transfer a
is
mobilehome unit to another space in the park. Such transfer shall not constitute
permanent relocation, and the cost of all such moves shall be borne by the
applicant. (3689-12/04)
Huntington Beach Zoning and Subdivision Ordinance Chapter 234 Page 3 of 6
Including reasonable living expenses of the residents from the date of actual
displacement until the date of occupancy at the new site. All damages to the
home incurred during the relocation shall be immediately repaired or replaced by4b
the applicant. (3689-12/04)
C. In order to facilitate the intentions of the mobilehome owners and an applicant for a
change of use with regard to a change of use, the parties may agree to mutually
satisfactory relocation assistance. To be valid, such an agreement shall be in writing,
shall include a provision stating that the mobile home owner is aware of the provisions
of this chapter, shall include a copy of this chapter as an attachment, shall include a
provision in at least ten-point type which clearly states the right to seek and the
importance of obtaining an attorney's advice prior to signing the agreement, and shall
be drafted in form and content otherwise required by applicable state law. No
mobilehome owner signing a relocation assistance agreement provided for in this
subsection may contest the adequacy of the conversion impact report at the hearing on
such report. Any mobile home owner signing such an agreement may rescind it in
writing within ten days of signing it. Any such agreement which is procured by fraud,
misrepresentation, coercion or duress, of any kind, shall be void and unenforceable. (3689.12/04)
D. No benefits shall be provided to any person who is renting a mobilehome from the park
owner (who owns the mobilehome) where such tenant shall have executed a written
agreement with such park owner waiving his or her rights to any such benefits. No
such waiver shall be valid, unless it contains the text of this section, and unless such
tenant shall have executed a written acknowledgment that he or she has read and
understands his or her rights pursuant to this chapter and knowingly agrees to waive
them. (3689-12/04)
E. No waiver by an eligible mobilehome owner of any of his/her rights pursuant to this
section shall be valid or effective for any purpose except with regard to a relocation
assistance agreement as provided in subsection C of this section. (3689-12/04)
•
F. Alternative Housin . If the mobilehome owner cannot be relocated in accordance with
the procedures contained herein, the applicant has the option of making available
suitable, and acceptable, alternative housing, together with compensation, to such
mobilehome owner (3689-12/04)
Where alternative housing is proposed, it shall be available in the following categories:
1. Senior citizen housing;
2. Affordable housing; and
3. Market rate housing.
G. Com ensation A eals. Appeals from the amount of compensation to be given a
mobilehome owner shall be filed with the applicant within thirty (30) days after the
mobilehome owner has notice of the amount he/she is to receive. (3689-12/04)
The applicant shall acknowledge any appeal within thirty (30) days, and if an
agreement cannot be reached, the matter shall be referred to a professional arbitrator.
H. Purchase Ri ts. The mobilehome owners shall receive written guarantee of first-right-
of-refusal to purchase units if the development which replaces the mobilehome park is
to be residential in whole or in part. (3689-12/04)
1. Miscellaneous. That the applicant has complied with all applicable city ordinances an*
state regulations in effect at the time the relocation assistance plan was approved. (3689-
12/04)
Huntington Beach Zoning and Subdivision Ordinance Chapter 234 Page 4 of 6
•
That the applicant has complied with the conditions of approval, including the
following items:
1. Mobilehome owners will not be forced to relocate prior to the end of their leases.
2. Mobilehome owners have been given the right to terminate their leases upon
approval of the relocation assistance plan.
3. Demolition or construction will not occur until the relocation assistance plan is
approved and the eighteen (18) month notification period has expired.
234.09 Application for Exemption from Relocation Assistance Obligations.
A. Any person who files an application for change of use of a mobilehome park may,
simultaneous with such application, file an application for total or partial exemption from
the obligation to provide relocation assistance. (3689-12/04)
B. If such application is filed, notice of such application, with the information contained
therein, and distribution thereof to the owners and residents of the mobilehome park shall
be provided with the application for change of use. (3689-12/04)
C. Any such application shall state that it is made on either or both of the following bases:
(3689-12/04)
•
1. That provision for relocation assistance would eliminate substantially all
reasonable use or economic value of the property. Such basis may only be
established if it is demonstrated that the imposition of such obligations would
eliminate the reasonable use or economic value of the property for alternate uses,
and that continued use of the property as a mobilehome park would eliminate
substantially all reasonable use or economic value of the property for reasons not
caused or contributed by the park owner or applicant. (3689-12/04)
2. That a court of competent jurisdiction has determined in connection with a
proceeding in bankruptcy that the closure or cessation of use of said property as a
mobilehome park is necessary, and that such court has taken further action which
would prohibit or preclude payment of relocation assistance benefits, in whole or
in part. (3689-12/04)
D. Any such application made pursuant to subsection (c)(1) shall contain, at a minimum, the
following information: (3689-12/04)
1. Statements of profit and loss from the operations of the mobilehome for the most
recent five-year period of the date of the application or request, certified by a
certified public accountant. All such statements shall be maintained in confidence
as permitted by the California Public Records Act. (368£-12/04)
•
2. If the applicant contends that continued use of the property as a mobilehome park
necessitates repairs or improvements or both, that are not the result of the park
owner or applicant's negligent failure to properly maintain said property, and that
the costs thereof makes continuation of the park economically infeasible, a
statement made under penalty of perjury by a general contractor licensed as such
pursuant to the laws of the State of California certifying that such contractor has
thoroughly inspected the entire mobilehome park; that such contractor has
determined that certain repairs and improvements must be made to the park to
maintain the park in decent, safe and sanitary condition, and that those certain
Huntington Beach Zoning and Subdivision Ordinance Chapter 234 Page 5 of 6
repairs are not the result of the park owner or applicant's negligent failure to
properly maintain said property; the minimum period of time in which such •
improvements or repairs must be made; and itemized statement of such
improvements and repairs; and the estimated cost thereof of repairs and
improvements, if any, due to deferred maintenance separately identified. The
applicant shall also submit a statement verified by a certified public accountant
as to the necessary increase in rental rates of mobilehome spaces within the park
within the next five years necessary to pay for such repairs or improvements that
are not the result of the park owner or applicant's negligent failure to properly
maintain said property. If the director requires an analysis of the information
submitted by the general contractor, the director may procure services of another
such licensed general contractor to provide such written analysis, and the cost
thereof shall be billed to and payment therefor shall be required from the
applicant. (3689-12/04)
3. The estimated total cost of relocation assistance which would otherwise be
required to the provided pursuant to this chapter, which shall be based upon
documented surveys, included with the application, of the available mobilehome
spaces within twenty miles of the mobilehome park, residents of the park who are
willing to relocate and those who would elect to sell their mobilehomes, and the
value of the mobilehomes in the park. (3689-12/04)
4. An estimate of the value of the mobilehome park by a qualified real estate
appraiser if the park were permitted to be developed for the change of use
proposed in the application for redevelopment of the park, and an estimate of the
value of such park by such appraiser if use of the property as a mobilehome park
is continued. (3689-12/04)
•5. Such other information which the applicant believes to be pertinent, or which may
be required by the director. (3689-12/04)
E. Any such application filed pursuant to subsection (c)(2) shall be accompanied by
adequate documentation as to the title, case number, and court in which the bankruptcy
proceeding was held, and copies of all pertinent judgments, orders, and decrees of such
cou rt . (3689-12/04)
234.10 Acceptance of Reports
The final form of the impact of conversion report and relocation assistance plan will be as approved
by the Planning Commission. The reports, if acceptable, shall remain on file with the Director for
review by any interested persons. Each of the mobilehome owners shall be given written notification
within ten (10) days of approval of the relocation assistance plan.
234.12 Actions of Planning Commission
At the conclusion of its hearing, noticed as provided in this code, the Planning Commission shall
approve, conditionally approve, or deny said impact of conversion report and relocation assistance
plan pursuant to the provisions of this article, and such decision shall be supported by a resolution of
the Planning Commission, setting forth its findings.
234.14 Fees Required
Each impact report and relocation assistance plan submitted shall be accompanied by a fee
established by resolution of the City Council.is
Huntington Beach Zoning and Subdivision Ordinance Chapter 234 Page 6 of 6
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0
Chapter 250 y' General Provisions,
(3334-6/97, 3530-2/02, 3681-12/04, 3690-01/05)
Sections:
250.02 Citation and Authority
250.04 Consistency
250.06 Applicability
250.08 Exceptions
250.10 Definitions
250.12 Responsibilities
250.14 Map Requirements
250.16 Fees and Deposits
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•
250.02 Citation and Authority
0
This Title is adopted pursuant to Chapter XI, Section 7 of the California Constitution and to
supplement and implement the Subdivision Map Act, Section 66410 et seq. of the
Government Code. This title may be cited as the Subdivision Ordinance of the City of
Huntington Beach.
250.04 Consistency
No land shall be subdivided and developed for any purpose that is inconsistent with the
Huntington Beach General Plan, the Local Coastal Program for development within the
coastal zone, or any applicable specific plan of the City or that is not permitted by Titles 20-
24, Zoning, or other applicable provisions of this Code. (3334-6/97)
The type and intensity of land use as shown on the General Plan, and Local Coastal Program
for land within the coastal zone, and any applicable specific plan shall determine, together
with the requirements of the Subdivision Map Act and this Title, the type of streets, roads,
highways, utilities, and other public services that the subdivider shall provide. (3334-6/97)
250.06 Applicability
The provisions set forth in this Title shall apply to all or parts of subdivisions within the City
and to the preparation of subdivision maps and to other maps provided for by the Subdivision
Map Act and this Title after the effective date of this Title. All subdivisions and any part
thereof lying within the City shall be made and all subdivision maps shall be prepared and
presented for approval as provided for in this chapter.
All subdivisions and lot line adjustments located within the coastal zone that meet the
definition of development as defined in Section 245.04(J) shall require approval of a coastal
development permit. (3334-6/97)
Huntington Beach Zoning and Subdivision Ordinance Chapter 250 Page 1 of 7
250.08 Exceptions
This chapter shall not apply to the items listed in Sections 66412, 66412.1, 66412.2 and
66412.5 of the Subdivision Map Act. However subject to the provisions of Section 66412(d)
of the Subdivision Map Act, a lot line adjustment between two or more existing adjacent
parcels, where the land taken from one parcel is added to an adjacent parcel, and where a
greater number of parcels than originally existed is not thereby created, provided that, the lot
line adjustment is approved pursuant to Section 250.16B.
250.10 Defini tions
For the purposes of this Title, unless otherwise apparent from the context, certain words and
phrases used in this Title are defined in this section as set forth below. All definitions
provided in Chapters 1.04, 245.04, and 203 of the Municipal Code and all definitions
provided in the Subdivision Map Act shall also be applicable to this Title and said definitions
are hereby incorporated by this reference as though fully set forth herein.
Access Rights. The right of abutting landowners or occupants to obtain access to an abutting
public way.
Acreage. Any parcel of land which is not a lot, as defined in this chapter, and those areas
where a legal subdivision has not been made previously, or where a legal subdivision has
declared such parcel as acreage.
Block. The area of land within a subdivision, which area is entirely bounded by streets,
highways or ways, except alleys, or the exterior boundary or boundaries of the subdivision.
Certificate of Corn liance. A valid authorization, issued by the City, stating that the
subdivision of creation complies with City subdivision laws applicable at the time of creation
or stating that the subdivision complies with the Subdivision Map Act and this Title.
City Engineer. The City Engineer of the City of Huntington Beach.
Collector Street. A street, intermediate in importance between a local street and an arterial
highway, which has the purpose of collecting local traffic and carrying it to an arterial
highway.
Conversion. The creation of separate ownership of existing real property together with a
separate interest in space of residential, industrial or commercial buildings.
Cul-de-Sac. A local street, one end of which is closed and consisting of a circular
turnaround.
Day. A calendar day unless otherwise specified.
Department. The Community Development Department of the City of Huntington Beach.
De artment of Public Works. The Department of Public Works of the City of Huntington
Beach.
Director. The Director of the Community Development Department of the City of
Huntington Beach.
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Huntington Beach Zoning and Subdivision Ordinance Chapter 250 Page 2 of 7
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•
Easement. A grant of one or more property rights by the owner to the City, a public entity,
public utility, or private party.
Final Map. A map showing a subdivision of five or more parcels, prepared in accordance
with the provisions of the Subdivision Map Act and this Title and designed to be placed on
record in the office of the Orange County Recorder.
Lot Line Ad'ustment . A minor shift or rotation of an existing lot line where a greater or
lesser number of parcels than originally existed is not created.
Merger. The joining of two or more contiguous parcels of land under one ownership into one
parcel.
Parcel. A unit or portion of a unit of improved or unimproved land.
Parcel Map. A map showing a subdivision of four or fewer parcels or a subdivision pursuant
to the exceptions stated in Section 66426 of the Subdivision Map Act prepared in accordance
with the provisions of the Subdivision Map Act and this Title and designed to be placed on
record in the office of the Orange County Recorder.
Parkway. That area between the curb face and abutting property line.
Person. Any individual, firm, co-partnership, joint venture, organization, corporation, estate,
trust, receiver, syndicate, this City, and any other public agency.
Private Street. Any street or accessway which is privately held, maintained and utilized as
access to a development.
Remainder. That portion of an existing parcel which is not divided for the purpose of sale,
lease , or financing nor part of the subdivision.
Scenic Easement. An easement dedicated to the City that protects a view from a specific
location or locations to a specific visual resource by prohibiting or limiting development.
Service Road. A street adjacent to and providing access to an arterial highway.
Standard Plans. Plans and engineering drawings for public improvements as adopted by the
Department of Public Works.
Standard En 'neerin S ecifications. Specifications for public improvements adopted by the
Department of Public Works.
Subdivision Committee. The Subdivision Committee of the City of Huntington Beach.
Subdivision Ma Act. The provisions of Division 2, Subdivisions of the California
Government Code, relating to subdivisions of land and real property commencing with
Section 66410.
Tentative map. A map made for the purpose of showing the design and improvements of a
proposed subdivision and the existing conditions in and around it precedent to the approval
of a final map. Tentative map shall include a tentative parcel map, prepared pursuant to the
provisions of this Title.
Huntington Beach Zoning and Subdivision Ordinance Chapter 250 Page 3 of 7
Usable Parcel Area. That portion of a parcel which does not exceed a slope of 10 percent.
Any portion of the parcel exceeding 10 percent shall, for the purpose of this Title, be
considered slope and not usable parcel area.
Vestin Tentative Ma . A tentative map for a residential subdivision that has, printed
conspicuously on its face, the words "vesting tentative map" at the time it is filed with the
City, and is processed in accordance with the provisions of Chapter 252 of this Title. (3334-
6/97)
250.12 Responsibilities
A. City Attorney. The City Attorney's responsibilities shall include approving as to
form all subdivision improvement agreements; covenants, codes, and
restrictions; security, liability agreements and insurance; and all governing
documents for a community apartment project, condominium, stock
cooperative, or conversion.
B. City Council. The City Council shall have final jurisdiction in the approval of
final maps and improvement agreements and the acceptance by the City of land
and/or improvements as may be proposed for dedication to the City for
subdivisions of five or more parcels.
The City Council shall act as the appeal board for hearing appeals of all
subdivision maps acted upon by the Planning Commission.
C. Plannin Commission. The Planning Commission's responsibilities shall
include approving, conditionally approving, or denying the application for
tentative map approval of subdivisions of ten or more parcels. The Planning
Commission shall act as the appeal board for hearing appeals of tentative parcel
maps and tentative maps for subdivisions of 9 or fewer parcels.
D. Zonin Administrator. The Zoning Administrator's responsibilities shall
include the processing and approval, conditional approval or denial of tentative
map approval of subdivisions of nine or less parcels, tentative parcel maps and
waivers of parcel map requirements, mergers and certificates of compliance.
(3681 -12/04)
E. City Engineer. The City Engineer's responsibilities shall include:
1. Establishing design and construction details, standards and specifications.
2. Determining if proposed subdivision improvements comply with the
provisions of the Subdivision Map Act and this Title.
3. The processing and certification of final maps, reversion to acreage maps,
and amended maps and the processing and approval of subdivision
improvement plans.
4. Examining and certifying that final maps are in substantial compliance
with the approved tentative map.
•
•
•
Huntington Beach Zoning and Subdivision Ordinance Chapter 250 Page 4 of 7
•5. Final jurisdiction in the approval of parcel maps and certification of lot
line adjustments.
6. The inspection and approval of subdivision public improvements.
7. The acceptance of dedications and public improvements for subdivisions
by parcel map, and off-site dedications lying outside a subdivision
boundary which require a separate grant deed.
8. Collection of all required fees and deposits associated with final maps and
parcel maps except park and recreation fees.
F. Director. The Director's responsibilities shall include the processing of
tentative maps and lot line adjustments.
1. Determinations of violations of the provisions of the Subdivision Map
Act or this Title.
2. The management of the Planning Division in carrying out the
responsibilities imposed upon it by this Title. When necessary to carry
out the Director's responsibilities hereunder, the Director may designate
and authorize a representative to act on his or her behalf.
•
3. Collection of park and recreation fees and fees associated with tentative
maps.
G. Subdivision Committee. The Subdivision Committee's responsibilities shall
include examining and determining that tentative and vesting tentative maps
comply with the provisions of the Subdivision Map Act, this Title, the Local
Coastal Program for maps located within the coastal zone, and the City's
General Plan, and recommending approval, disapproval, or conditional approval
of tentative or vesting tentative maps to the Planning Commission or Zoning
Administrator.
The Subdivision Committee shall consist of the following members or their
authorized representatives:
1. The Director who shall serve as chairperson and secretary;
2. The City Engineer;
3. The Fire Chief; and
4. Three members of the Planning Commission.
Representatives from other departments shall attend meetings when requested
to do so by the Subdivision Committee.
•
H. Coastal Commission. The Coastal Commission shall have appeal jurisdiction
over coastal development permits approved for all subdivisions and lot line
adjustments located within the appealable area of the coastal zone that
constitute development as defined in Section 245.04(J). (3334-6/97)
Huntington Beach Zoning and Subdivision Ordinance Chapter 250 Page 5 of 7
250.14 Map Requirements
A. Tentative and Final Ma . A tentative and final map shall be required for all
subdivisions creating five or more parcels, five or more condominiums as
defined in Section 783 of the Civic Code, a community apartment project
containing five or more parcels, or for the conversion of a dwelling to a stock
cooperative containing five or more dwelling units. Exceptions as stated in
Section 66426 of the Subdivision Map Act shall comply with Subsection B.
B. Tentative and Parcel Ma . A tentative and parcel map shall be required for all
divisions of land into four or fewer parcels and exceptions stated in Section
66426 of the Subdivision Map Act. However parcel maps shall not be required
for:
I Subdivisions of a portion of the operating right-of-way of a railroad
corporation, which are created by short-term leases terminable by either
party on not more than 30 days' notice in writing.
2. Land conveyed to or from a governmental agency, public entity or public
utility, or for land conveyed to a subsidiary of a public utility for
conveyance to such public utility for rights-of-way, unless a showing is
made by the Department in individual cases, upon substantial evidence,
that public policy necessitates a parcel map. If a parcel map is not
required, the dedication or offer must be indicated by a separate
instrument.
3. Lot line adjustments, provided:
a. No additional parcels or building sites are created;
b. The resulting parcels conform to Titles 20-24 (Zoning) of this
Code;
c. The lot line adjustment shall not sever any existing structure on
either of the two parcels.
d. The lot line adjustment shall not allow a greater number of dwelling
units than allowed prior to the adjustment.
e. The lot line adjustment is approved by the Director or by the
Planning Commission on appeal; and (3530-2/02)
f. A plat map showing the lot line adjustment is prepared, approved,
and- filed in accord with the provisions of Section 253.24.
4. Parcel maps waived by the Zoning Administrator as provided by Section
251.20.
5. Subdivision of property with two to four apartment or stock cooperative
units that were converted to and sold as condominium units without
approval of a conditional use permit and tentative parcel map prior to
June 1, 2004, provided: (3690-01/05)
•
•
•
Huntington Beach Zoning and Subdivision Ordinance Chapter 250 Page 6 of 7
•a. Sale of condominium units is evidenced by recorded documents;
(3690-01/05)
b. No dedications or improvements are required by the Zoning and
Subdivision Ordinance; (3690-01/05)b
c. Covenants , conditions , and restrictions (CC&Rs) are recorded at the
County of Orange; (3690 -01/05)
d. A plat map showing the condominium subdivision is prepared,
approved by the City Engineer, and recorded at the County of
Orange; (3690-01/05)
e. A conditional use permit is approved pursuant to Section 235.04
and a Certificate of Compliance is issued by the Director and
recorded at the County of Orange. (3690-01/05)
•
C. Desi ation of Remainder Parcel. When a subdivision includes a remainder
parcel as provided in Section 66424.6 of the Subdivision Map Act, the
remainder parcel shall be in conformance with Titles 20-24 and shall require a
Certificate of Compliance as provided by Section 258.06.
250.16 Fees and Deposits
All persons submitting maps as required by this chapter shall pay all fees and/or deposits as
provided by this Title and by the City Council resolution establishing applicable fees and
charges.
0 Huntington Beach Zoning and Subdivision Ordinance Chapter 250 Page 7 of 7
0 a
COMMUNITY DEVELOPMENT DEPARTMENT U'Mgto nBeach
DEVELOPMENT REVIEW REQUEST JUN02 2005
TO: Erik Krause, Police Department Chief Kenneth Small, Police Department
Steve Bogart, Public Works Erik Engberg, Fire
Gerald Caraig, Building Jim Lamb, Economic Development
Jim Engle, Community Services David Biggs, Redevelopment
Paul D'Alessandro, City Attorney Jan Thomas, Police Department
FROM: Paul Da Veiga Ext: 5394 DATE: May 23, 2005 ZA: PC:STAFF X
PETITION(S): AP No. 05-03 (Medical Marijuana Dispensa ry)
REQUEST(S): To permit the establishment of a medical marijuana dispensary within a 1,600
square foot industrial suite.
LOCATION: 15121 Graham St., Ste. 102B (northwest corner of Graham St. and Oceanus Dr.)
ZONE: IG (Industrial General)
GENERAL PLAN: I (Industrial)
EXISTING USE: Office/Storage
Please submit your concerns and recommended changes or conditions in
writing on or before June 2, 2005
COMMENTS:
cam.L- i.
% w.) %ORZ-0
RESPONSE BY:1 L016..A f • Zta •
Attachments: 1. Plans/Narrative
Extension S'L°'L"A
G \DAVEIGA\AP's\AP 05-03-transmittal doc
/' HOWARD ZELEFSKY, Director-of Planning
SHARI FREIDENRICH,-City Treasurer -
onzalez v.. Raich, 545 U.S. 2005 ); Supreme Court "decisi on regarding
e distribution of medical marijuana , -
applicability of Proposition 215 , `the medical marijuana initiative , as it,relatescta the federal
CJonzalea'v: Raich;,was;pending be foreahe•'United States Suprerne,Couff regardingihe
City, subject to certain'locational criteria.' As identified by'staff at time of adoption, the case of
acl{ ®undlo arlier this year, the City Council adopted an amendment to'the City's Zoning
and Subdivision Ordinance permitting medical marijuanadispensanes in indus -ial areas of the
rohibition 'sgainsf 'nianufactisrin "g, distribution ; dispensation or possession ofa Cori rolled,
prohibition of the ,'possession aiid%or`use of marijuana'applies top 'rsons ,using or possessing
'.Supreme -Court ruled that •despite,.California 's a.doption'of Proposition 215 , the FCSA'sl; _ • Y L l '
substance under the,Federal Coiitiolled; Substances ,Act; ("FCSA")` On Tune '6,",.065, the
marijuana, for m edicinal `purposes...Therefore , the, "operation, of medical marijuana-dispensaries
°violates'theFCS7 .jy,
upreme Court,decusion,of ,Gonzalez°v:`Raach?, .:
espite Proposition :215;`tilie Supreme Court has'upheld.the enfo-°ce>saerit of'the
.
ma 'feder'al' iosecution: -; i-sliort9 th& Sid reriie'defense of medic al;use willnot be d -recognize p p
i:nyal'idate'Proposition 215 =biat, ihstiead,.por ts: ndi r,diaal =Court ,decision'doesriot
appropriately adhering to " alifor is law under Proposition 215'to be ; prosecuted under ffeder
law At this tiine,.only,.Longressional ,actioii';c`an`resolve'the `conflict between si te`'andfederal,'
law regarding the use,ofriiaiijua is forme , icipal ;,puiposes.` loot oiilydoes the Supreme; Court
decision ?place 'law•enforcement in a,precarious position between enforcementcf state ;and federal
,
`Therefore time posse'ssion 'of marijuana s'still subject to seizure`bX federal agendies ar dtlie..:.
.FSA: a ainst 'arsons whouse 'or ossess mri'uana on `tiie'reoonirriendation of n,- Ey'sici'
CETOF HUNTIINGT
Hnnteirdep:irrtremtnR 'Corn
It ueo Should the City 'issue; permits for medical marijuana dispensaries following,
'law; the City itself is 'in an untenable position based on the recently adopted ordinance permitting
•issuance"ofa permit permitfor a,n'illegal iise .' HBMC'5 .04.050,specifically, addresses a-business '
`medical marijuana dispensaries . Permitting medical marijuana dispensaries has implications'
under the FCSA as well as. ce rtain provisions of the Municipal , Code.
Under the Huntington Beach: Municipal Code (HBMC), the City is prohibited From issuing 'a,
business license for an illegal , use under state or federal , law. ' Newly enacted Huntington Beach
Zoning and Subdivision Code Section 2 12.04 permits medical mariju ana'dispecsaryuses subject
to specific locational 'criteria.,.However , based on the Supreme; Court's decision. inRaich,,supra,
. the issuance of.a zoning `' permit; for a medical marijuana. dispensary would be'considered the.,
engaged •in conduct which •is'prohibited'by-state or federal law'or has been dec'. and illegal.
City,to:alternativeiy 'issue, a zoning permit: T'he'provisions of HBMC 'S04'.050 are more specific
5.04.050 would preclude.theassuance of a business license and it 'would' be;imcciisistent 'forthe
'.Beach'Zoning 'aiid 'Subdivision .Cod"e"Section 202 '.04(I)•specifica llyindicates,thaf "where conflict'
occurs between the provisions of Titles 20-25 acid any other 'city code , title, chanter,'resolution,
,guideline , or regulation , the "more'restrictiveprovision shall control:"', The proir sions of HBMC
Uxider this 'provision;'a'business 'license should not be issued fora ifi6dical marijuana dispensary
because the operators are engaging •_in. activrtyprohibited .by'federal law.. In addition, Huntington
,and should control:.
:',.approvesa permit fora medicalinari fuana dispensary would`be viewed ,by fed oral authorities as
"federal, agencies ; Will-
I
effect this enforcement .. ,`It also . remains unclear whether the City,; if it
.enforce'federal laws'agaihst'irriedical:marijuana diispensaries;"although it'reinaiis `unclear'ho*.the
Regarding federal enforcement of the FCSA;•the law is 'now clear that.federal agencies can "
aiding or <abetting.the comiriissiori f a federal. felony,: or committing ac'onspii,i^y=to violate
federal haw:,
dn'siusa®un'` T1ie. City'sho riot issue permits= for medicalma rijuana di(C spensaries :as such
erinits•would allow a: use in;violation of,federal.law:•:,Issuingpermits for,. ctivities :'that"violate
;.federal law`s.in itself a`violation of City ordinances :. ln'additioii , the'Cityslioia .dprocess a:_
zoning text amendment prolaibitmg.medical, marijuana,dispensanes consistent month federal law '.