Loading...
HomeMy WebLinkAboutOrdinance #2957 t ORDINANCE NO. 2957 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE ARTICLE 908 (DEFINITIONS) , SECTION 9220 . 1( c) (PERMITTED USES) , AND ARTICLE 963 (UNCLASSIFIED USES) - Code Amendment No. 87-13 i The City Council of the City of Huntington Beach does ordain as follows: SECTION 1 . The Huntington Beach Ordinance Code Article 908 is amended to read as follows: Article 908 DEFINITIONS Sections: 9080 Definitions . 9080 .1 Accessory building. 9080 .2 Accessory use. 9080 .3 Adult business . 9080 .4 Alley. 9080 .5 Animal clinic . 9080 .6 Antenna, satellite dish. 9080 .7 Apartment . 9080 .8 Apartment house. 9080 .9 Arterial . 9080 . 10 Attached units . 9080 .11 Auction. 9080 . 12 Automobile accessory dealer . 9080 .13 Automobile repair . 9080 . 14 Automobile storage or parking space. 9080 .15 Automobile storage yard. 9080 .16 Automobile wrecking. 9080 .17 Basement . 9080 .18 Bed and Breakfast Inn. 9080 .19 Bedroom. 9080 .20 Block . 9080 .21 Boarding or rooming house . 9080 .22 Building. 9080 .23 Building height . 9080 .24 Building, site. 9080 .25 Building, main . 9080 .26 Business or commerce . 9080 .27 Carport. 9080 .28 Church. 9080 .29 City. 9080 .30 Clinic. 9080 .31 Club. 9080 .32 Commercial recreation use. 9080 .33 Commercial vehicle . 9080 .34 Commission. l _ 2957 T 9080 .35 Compensation. 9080 .36 Community apartment project . 9080 .37 Condominium. 9080 .38 Director . 9080 .39 Disposal service operation . 9080 .40 District . 9080 .41 Dry cleaning agency. 9080 .42 Dwelling. 9080 .43 Dwelling, multiple unit . 9080 .44 Dwelling, single unit . 9080 .45 Educational institution . 9080 .46 Erected. 9080 .47 Equestrian . 9080 .48 Equine. 9080 .49 Family. 9080 .50 Fast-food restaurant . 9080 .51 Final environmental evaluation . 9080 .52 Game arcade. 9080 .53 Garage, private . 9080 .54 General plan . 9080 .55 Gross acreage . 9080 .56 Gross site area. 9080 .57 Health club. 9080 .58 Home occupation. 9080 .58 Horticulture . 9080 .60 Hospital 9080 .61 Hotel . 9080 .62 Junk, wrecking, dismantling or salvage yards . 9080 .63 Kennel . 9080 .64 Kitchen . 9080 .65 Landscaping . 9080 .66 Laundry. 9080 .67 Line of sight . 9080 .68 Loading space . 9080 .69 Local street . 9080 .70 Lot. 9080 .71 Lot area . 9080 .72 Lot depth. 9080 .73 Lot frontage . 9080 .74 Lot line . 9080 .75 Lot line, front . 9080 .76 Lot line, interior . 9080 .77 Lot line, rear . 9080 .78 Lot, reverse corner . 9080 .79 Lot, through . 9080 .80 Mobilehome/manufactured home 9080 .81 Mobilehome accessory structure 9080 .82 Mobilehome lot or space. 9080 .83 Mobilehome park . 9080 .84 Model home . 9080 .85 Motel . 9080 .86 Motor vehicle. 9080 .87 Maximum wind energy conversion system height . 9080 .88 Net site area. 9080 .89 Nonconforming building . 2 - 2957 w, 1111 *11 Nonconforming parcel . 9080 .91 Nonconforming use . 9080 .92 Nontransferable conditional use permit . 9080 .93 Occupancy, change of . 9080 .94 Occupied . 9080 .95 Open or public land. 9080 .96 Open space. 9080 .97 Oversize vehicles . 9080 .98 Overspeed control . 9080 .99 Person . 9080 . 100 Personal Enrichment Services . 9080 .101 Permanent open space . 9080 . 102 Place of public assembly. 9080 .103 Planned residential development . 9080 .104 Private street . 9080 .105 Recreational vehicle park . 9080 . 106 Recreational vehicle. 9080 .107 Recreation space . 9080 . 108 Rental unit . 9080 .109 Residence . 9080 . 110 Restaurant . 9080 .111 Retail store . 9080 .112 Service station. 9080 .113 Service station, idle . 9080 .114 School . 9080 .115 Setback line, front yard. 9080 .116 Setback line, side or rear yard. 9080 .117 Site. 9080 .118 Site coverage . 9080 .119 Site plan . 9080 .120 Stable, commercial . 9080 .121 Stock cooperative 9080 . 122 Story. 9080 .123 Street . 9080 .124 Street line . 9080 .125 Structure . 9080 . 126 Structural alteration. 9080 .127 Structure, temporary . 9080 . 128 Temporary outdoor event . 9080 .129 Ultimate right-of-way . 9080 . 130 Use. 9080 .131 Wall or fence . 9080 . 132 Warehouse. 9080 .133 Waterfront lot . 9080 .134 Wet bar . 9080 .135 Wind energy conversion system. 9080 . 136 Yard. 9080 .137 Yard, front . 9080 . 138 Yard, rear . 9080 .139 Yard, side . 9080 . 140 Zone. 9080 .141 Zoning district maps . 9080 Definitions . Words and phrases wherever used in this 3 _ 2957 division shall be construed as defined in this article unless the content clearly indicates otherwise. When not inconsistent with the context, words used in the present tense include the future tense; words used in the singular number include the plural number; and words of the masculine gender include the feminine and neuter gender . The word "shall" is always mandatory and the word "may" is permissive . (Ord. 2836, 4 Jun 86 ) 9080 . 1 Accessory building. A detached building on the same site as a main building, the use of which is incidental to that of the main building, and which is used exclusively by the occupants of the main building. (Ord . 2836, 4 Jun 86 ) 9080 .2 Accessory use. A use customarily incidental and accessory to the principal use of a lot or a building located upon the same site. (Ord. 2836 , 4 Jun 86 ) 9080 .3 Adult business . A business as defined in Article 975 . (Ord . 2836 , 4 Jun 86 ) 9080 .4 Alley. A public or private thoroughfare, permanently reserved which affords a secondary means of access to abutting property. (Ord. 2836, 4 Jun 86 ) 9080 .5 Animal clinic . A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment . Kennel uses shall be incidental to such hospital use and limited to short-time boarding for medical purposes . (Ord. 2836 , 4 Jun 86 ) 9080 .6 Antenna, satellite dish . An apparatus capable of receiving communications from a transmitter or transmitter relay located in planetary orbit . (Ord. 2836 , 4 Jun 86 ) 9080 .7 Apartment . A room or suite of two (2 ) or more rooms in a multiple family dwelling occupied or suitable as a residence for one ( 1) family. (Ord . 2836, 4 Jun 86 ) 9080 .8 Apartment house. A building or portion thereof designed for or occupied by two (2 ) or more families living independently of each other . (Ord. 2836 , 4 Jun 86 ) 9080 .9 Arterial . Any street, highway or road designed as an arterial in the general plan circulation element . (Ord. 2836 , 4 Jun 86 ) 9080 . 10 Attached units . Separate residential or commercial units sharing one or more common walls but with no common interior space. (Ord. 2836, 4 Jun 86 ) 9080 .11 Auction. The sale of new and used merchandise offered to bidders by an auctioneer for compensation. (Ord. 2836, 4 Jun 86 ) 2957 4 - .1 r 9080 . 12 Automobile accessory dealer . An automotive dealer of a specialized nature who operates on a one day turn-around basis . This use includes such uses as a muffler shop or transmission shop, but is not to be confused with minor automobile repair . (Ord. 2836 , 4 Jun 86 ) 9080 . 13 Automobile repair . A retail and service business engaged in the following activities: (a) Minor repair . Light repair and sale of goods and services for vehicles including brake, muffler, and tire shops and their accessory uses, but not including any of the activities listed below as major repair . (b) Major repair: Heavy automotive repair including but not limited to transmission, battery, radiator , and engine repair or overhaul; welding; turning brake drums; steam cleaning, body and fender work; painting. (Ord . 2836, 4 Jun 86 ) 9080 . 14 Automobile storage space or parking space . A permanently maintained, privately-owned space on the same site as the use it is intended to serve and located and arranged to permit the readily accessible temporary storage of an average size automobile under its own power . Such space shall be exclusive of driveways, walks, ramps and columns . (Ord. 2836 , 4 Jun 86 ) 9080 . 15 Automobile storage yard . A storage yard for motor vehicles whether impounded or not on any portion of a lot . This definition shall not include any dismantling, wrecking or repair or any vehicle . (Ord. 2836, 4 Jun 86 ) 9080 . 16 Automobile wrecking. The dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled, obsolete or wrecked vehicles or their parts outside of an enclosed building, but not including the incidental storage of vehicles in connection with a repair shop provided the storage period of any one vehicle does not exceed sixty (60 ) days . (Ord. 2836, 4 Jun 86 ) 9080 . 17 Basement. A story partly underground and having at least one-half its height below the average adjoining grade as measured from the floor to the finished ceiling. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its finished ceiling is over five (5 ) feet . (Ord . 2836 , 4 Jun 86 ) 9080 . 18 Bed and Breakfast Inn. A residential dwelling in which rooms are rented to paying guests on an overnight basis with breakfast served daily, the entire service to be for one stated price for a total period of time not to exceed 14 days during any consecutive 90-day period . Bed and Breakfast Inn does not include rest homes, convalescent homes, hotels, motels or boarding houses . 5 _ 2957 ,y . 9080.19 Bedroom. Any room which meets the minimum requirements of the building code for a habitable room, which is constructed in such a manner that less than 50 percent of one wall is open to an adjacent room or hallway and which can be readily used for private sleeping purposes shall be counted as a bedroom in order to determine the parking areas or other requirements . Exceptions to this definition shall be those rooms which regularly make up a standard dwelling unit such as one kitchen, living, family or recreation room and dining room, and the customary sanitary facilities . (Ord. 2836 , 4 Jun 86 ) 9080 .20 Block . The real property abutting the side of a street between two consecutive cross streets or between a city limit line and the nearest cross street . (Ord. 2836, 4 Jun 86 ) 9080 .21 Boarding or rooming house. A building where lodging and meals are provided for a minimum of six (6 ) , but not more than fifteen (15 ) persons, not including rest homes. (Ord. 2836 , 4 Jun 86 ) 9080 .22 Building. Any structure that is completely roofed and enclosed on all sides or supported by columns and which is built and maintained for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. (Ord. 2836, 4 Jun 86 ) 9080 .23 Building height . The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to a deck line of a mansard roof or the average height of the highest gable of a pitched or hipped roof . For the Single Family Residential District only, the highest point of any roof shall not be more than five feet above the maximum permitted height . The reference datum shall be selected by either of the following, whichever yields a greater height of building: (1) The elevation of the highest adjoining sidewalk or ground surface within a five (5 ) foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than four (4 ) feet above the lowest grade . (2 ) An elevation four (4 ) feet higher than the lowest grade when the sidewalk or ground surface described in ( 1 ) above is more than four (4 ) feet above lowest grade. (Ord. 2846 , 20 Aug 86; Ord . 2836 , 6/86 ) 9080 .24 Building site. The ground area occupied or to be occupied by a building together with all yards and open spaces adjacent thereto. (Ord. 2836 , 4 Jun 86 ) 9080 .25 Building, main . A building in which the principal use of the lot is conducted. In a residential district, any dwelling shall be deemed to be a main building. (Ord. 2836 , 4 Jun 86 ) 6 - 2957 r 9080 .26 Business or commerce . The purchase, sale, or other transaction involving the handling or disposition of any article, substance, or commodity for profit or livelihood; or the ownership or management of offices, recreational or amusement enterprises; or the maintenance and use of office by professions and service trades . (Ord . 2836, 4 Jun 86 ) 9080 .27 Carport. A permanent roofed accessory structure with not more than two enclosed sides which is intended for automobile storage for the occupants of the premises. (Ord. 2836, 4 Jun 86 ) 9080 .28 Church . A permanently located building commonly used for religious worship and conforming to applicable requirements for design and construction . (Ord. 2836, 4 Jun 86 ) 9080 .29 City. The city of Huntington Beach, California. (Ord. 2836, 4 Jun 86 ) I 9080 .30 Clinic. A place used for the care, diagnosis and treatment of sick, infirm or injured persons and those in need of medical or surgical attention, but which does not provide room and board or permit persons to stay on the premises overnight . (Ord. 2836, 4 Jun 86 ) I 9080 .31 Club. A nonprofit association for persons who are bona fide members, and pay regular dues, which is organized for some common purpose, but not including a group primarily organized to provide a commercial service or enterprise. (Ord. 2836, 4 Jun 86 ) 9080 .32 Commercial recreation use. Any recreational facility operated as a business and open to the general public. (Ord. 2836 , 4 Jun 86 ) 9080 .33 Commercial vehicle. Any motorized or non- motorized vehicle used or maintained to transport property for profit, or persons for hire or compensation. (Ord. 2836, 4 Jun 86 ) 9080 .34 Commission. The Huntington Beach planning commission . (Ord . 2836, 4 Jun 86 ) 9080 . 35 Compensation. The word "compensation" means anything of value. (Ord. 2836, 4 Jun 86 ) 9080 .36 Community apartment project . A project in which an individual interest in the land is coupled with the right exclusively to occupy an individual unit . (Ord. 2836 , 4 Jun 86 ) 9080 .37 Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, commercial, or industrial building on such real property, such as an apartment, office or store . A condominium may include a separate interest in other portions of such real 7 - 2957 property. The duration of the estate may be an estate of inherit- ance or perpetual estate, an estate for life, or an estate for years such as a leasehold or subleasehold. (Ord. 2836 , 4 Jun 86 ) 9080 .38 Director . The director of the department of development services for the city of Huntington Beach or a duly authorized representative . (Ord . 2836, 4 Jun 86 ) 9080 .39 Disposal service operation. Any area for the storage and maintenance of vehicles and equipment used in the collection, transportation, and removal of garbage and rubbish, but not including storage or dumping of the garbage and rubbish. (Ord. 2836 , 4 Jun 86 ) 9080 .40 District. Any classified area shown by specific designation on the zoning maps which are a part of the ordinance code. (Ord. 2836 , 4 Jun 86 ) 9080 .41 Dry cleaning agency. A commercial use in which the cleaning of clothes is incidental to a laundry or coin-operated dry cleaning service and which uses nonvolatile materials . (Ord. 2836, 4 Jun 86 ) 9080 .42 Dwelling. A building or portion thereof designed and occupied exclusively for residential purposes including single-unit and multiple-unit dwellings, but not including hotels or boarding houses . An individual dwelling unit shall con- tain only one kitchen and be designed for occupancy as a unit by one family for living and sleeping purposes . (Ord. 2836, 4 Jun 86 ) 9080 .43 Dwelling, multiple unit . A building or buildings designed and occupied by two or more families, all living independently of each other and having separate kitchen and toilet facilities for each family. (Ord. 2836, 4 Jun 86 ) 9080 .44 Dwelling, single unit . A detached building designed primarily for the use of a single family, no portion of which is rented as a separate unit . (Ord. 2836 , 4 Jun 86 ) 9080 .45 Educational institution . Any school, college or university providing general instruction as determined by the California State Board of Education. (Ord. 2836 , 4 Jun 86 ) 9080 .46 Erected. The word "erected" includes built, built upon, added to, altered, constructed, reconstructed, moved upon, or any physical operations required prior to building. (Ord . 2836, 4 Jun 86 ) 9080 .47 Equestrian. That which pertains to horses or horseback riders . (Ord . 2836, 4 Jun 86 ) 9080 .48 Equine. A horse, mule, pony, jackass, and other quadripeds of the genus equus . (Ord . 2836, 4 Jun 86 ) 8 _ 2957 9080 .49 Family. Two or more persons living together in a dwelling unit,siring common cooking facilities, and possessing the character of a relatively permanent single bona fide housekeeping unit in a domestic relationship based upon birth, marriage, or other domestic bond of social, economic and psychological commitment to each other, as distinguished from a group occupying a boardinghouse, club, dormitory, fraternity, hotel, lodging house, motel, rehabilitation center , rest home or sorority . (Ord. 2836, 4 Jun 86 ) 9080 .50 Fast-food restaurant . Any commercial establishment serving food or drinks which encourages consumption at home or on other premises . (Ord. 2836 , 4 Jun 86 ) 9080 .51 Final environmental evaluation. That point in time prior to the decision on an entitlement for a project where an environmental assessment and a recommended action have been provided to the discretionary body. Dates shall be determined as follows : I Exempt projects: Date of application acceptance. Negative declaration : Expiration date of the required posting period. Environmental impact report: The date when public hearings on the project are concluded. (Ord. 2836 , 4 Jun 86 ) 9080 .52 Game arcade. Any place of business with more than four ( 4 ) commercially-operated amusement devices . (Ord. 2836 , 4 Jun 86 ) 9080 .53 Garage, private. An accessory building or a portion of a main building used for the storage of self-propelled vehicles of not more than one-ton rated capacity and other goods owned or operated by the occupants of the main building and where there is no service or storage for compensation. (Ord. 2836, 4 Jun 86 ) 9080 .54 General plan . The general plan map and text for Huntington Beach adopted by the city council . (Ord. 2836, 4 Jun 86 ) 9080 .55 Gross acreage. The area computed within all of the exterior property lines of a proposed development including the area to the center line of any abutting streets . (Ord. 2836 , 4 Jun 86 ) 9080 .56 Gross site area. The area computed within the lot lines of a parcel of land before public streets, easements, or other areas to be dedicated or reserved for public use have been deducted. (Ord . 2836, 4 Jun 86 ) 9080 .57 Health club. A commercial or private health center providing opportunities for recreational and physical fitness 9 - 2957 activities such as, but not limited to, handball, racquet- ball , weight training and dance exercises . (Ord. 2836, 4 Jun 86 ) 9080 .58 Home occupation . A business use incidental and secondary to the principal use of a residential dwelling, subject to the standards outlined in this division. (Ord. 2836, 4 Jun 86 ) 9080 .59 Horticulture. The science and art of growing fruits, vegetables, flowers, vines, trees, or field crops for wholesale purposes . (Ord. 2836 , 4 Jun 86 ) 9080 .60 Hospital. An institution for the diagnosis, care and treatment of human illnesses . (Ord. 2836, 4 Jun 86 ) 9080 .61 Hotel. A building designed for or occupied as a temporary abiding place for individuals who are lodged with or without meals in which there are six (6 ) or more guest rooms and in which no provision for cooking is made in any individual suite. (Ord. 2836, 4 Jun 86 ) 9080 .62 Junk, wrecking , dismantling or salvage yards . The use of one hundred (100 ) or more square feet of any parcel of land for outside storage, wrecking or dismantling of any used materials, including but not limited to lumber, auto parts, household appliances, pipe, drums, machinery or furniture. (Ord. 2836 , 4 Jun 86 ) 9080 .63 Kennel. A use in -which four (4 ) or more dogs or cats over four ( 4 ) months of age are kept on any lot for any purpose . (Ord. 2836 , 4 Jun 86 ) 9080 .64 Kitchen. Any room or portion thereof containing facilities designed or used for the preparation of food including a sink and stove, oven, range and/or hot plate. Kitchen shall not include a wet bar . (Ord. 2836, 4 Jun 86 ) 9080 .65 Landscaping. The planting and continued maintenance of suitable plant materials and which includes an adequate irrigation system. (Ord. 2836 , 4 Jun 76 ) 9080 .66 Laundry. A building or portion of a building where clothing and fabrics are washed. (Ord. 2836, 4 Jun 86 ) 9080 .67 Line of sight . A visual path emanating from an average eye level adjudged to be five (5 ) feet above ground level . (Ord . 2836, 4 Jun 86 ) 9080 .68 Loading space. An off-street space for the temporary parking of commercial vehicles while loading or unload- ing and which has a permanent means of access . (Ord. 2836 , 4 Jun 86 ) 9080 .69 Local street . A low-speed, low-volume thoroughfare used primarily for access to abutting residential or other properties . A local street has on-street parking and a significant amount of pedestrian traffic. (Ord. 2836 , 4 Jun 86 ) - 10 - 2957 I 9080 .70 Lot . Any numbered or lettered parcel shown on a recorded tract map, a record of survey pursuant to an approved division of land, or a parcel map. A lot includes any area of land under one ownership abutting upon at least one street, alley or recorded easement . (Ord. 2836, 4 Jun 86 ) 9080 .71 Lot area. See net site area. (Ord. 2836 , 4 Jun 86 ) 9080 .72 Lot depth. The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines . (Ord. 2836 , 4 Jun 86 ) 9080 .73 Lot frontage. Lot frontage shall be calculated as indicated for the following types of lots: (a) Rectangular lot shall be measured along a line equidistant to and twenty (20 ) feet from the front property line . (b) Cul-de-sac and knuckle lots shall be measured twenty (20 ) feet from the front property line along a line perpendicular to the bisector of the front property line. (c ) Cul-de-sac lots siding on another street, channel, or similar properties shall be measured along a line perpendicular to the interior side property line and twenty (20 ) feet from the front property line. (Ord. 2836, 4 Jun 86 ) 9080 .74 Lot line. Any line bounding a lot. "Property line" means the same as "lot line." (Ord. 2836 , 4 Jun 86 ) 9080 .75 Lot line, front . On an interior lot, the front lot line is the property line abutting the street . On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision or parcel map specified another line as the front lot line . On a through lot, or a lot with three or more sides abutting a street, or a corner or reverse corner lot with lot lines of equal length, the Director shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of this division. On a private street or easement, the front lot line shall be designed as the edge of the easement . (Ord. 2836 , 4 Jun 86 ) 9080 .76 Lot line, interior . A lot line not abutting a street . (Ord . 2836, 4 Jun 86 ) 9080 .77 Lot line, rear . A lot line not abutting a street which is opposite and most distant from the front lot line; in the case of an irregularly shaped lot, a line within the lot, having a length of not less than ten feet . A lot which is bounded on all sides by streets may have no rear lot lines . (Ord. 2836 , 4 Jun 86 ) 11 - 2957 9080 .78 Lot, reverse corner . A corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not . (Ord . 2836, 4 Jun 86 ) 9080 .79 Lot, through . A lot having frontage on two dedicated parallel or approximately parallel streets . (Ord. 2836, 4 Jun 86 ) 9080 .80 Mobilehome/manufactured home. A structure transportable in sections which is a minimum of eight (8 ) feet in width, forty (40 ) feet in length, and which when erected is a minimum of three-hundred and twenty (320 ) square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation. Manufactured home includes a mobilehome subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S .C . sections 5401 et seq. ) . Any structure not meeting the requirements of this definition except for size requirements shall be deemed a mobilehome/manufactured home provided the manufacturer voluntarily files certification and complies with these provisions . (Ord. 2836 , 4 Jun 86 ) 9080 .81 Mobilehome accessory structure. A subordinate building located on a mobilehome space or lot, the use of which is incidental to that of the main dwelling. (Ord. 2836, 6 Jun 86 ) 9080 .82 Mobilehome lot or space. An improved plot within a mobilehome park which is designated for the occupancy of a mobilehome. (Ord. 2836, 4 Jun 86 ) 9080 .83 Mobilehome park . Any area or tract of land where mobilehome lots are rented or leased or held out for rent or lease to accommodate mobilehomes used for human habitation. The rental fee paid shall be deemed to include rental for the lot the mobilehome occupies . (Ord. 2836, 4 Jun 86 ) 9080 .84 Model home. A dwelling or residential building intended to be temporarily utilized as an example of the dwellings which have been or are proposed to be built within the same subdivision . Such building shall be constructed upon a lot previously designated as a model home site in the approved site plan, and in a subdivision for which a final map will be recorded. (Ord. 2836 , 4 Jun 86 ) 9080 .85 Motel . A building containing guest rooms designed or used primarily for the accommodation of transient automobile travelers and which has sleeping rooms with direct outside access and conveniently located parking spaces . A maximum twenty-five (25% ) percent of such sleeping units may have kitchens . (Ord. 2836, 4 Jun 86 ) 9080 .86 Motor vehicle. A self-propelled device used or intended for the transportation of passengers or freight upon streets or highways . (Ord. 2836 , 4 Jun 86 ) - 12 - 2957 .j . 9080 .87 Maximum wind energy conversion system height . The height of the tower and furthest vertical extension of the rotor measured from grade. (Ord. 2836 , 4 Jun 86 ) 9080 .88 Net site area . The total horizontal area within the property lines of a parcel of land exclusive of all rights-of-way or easements which physically prohibit the surface use of that portion of the property for other than vehicular ingress and egress . (Ord. 2836, 4 Jun 86 ) 9080 .89 Nonconforming building. Any building or structure or portion thereof which was legal when established, but which now is in conflict due to the amendment of the provisions applicable to the district in which it is situated . (Ord. 2836, 4 Jun 86 ) 9080 .90 Nonconforming parcel. Any lot or parcel which was legal when created, but which now is in conflict due to the amendment of the provisions applicable to the district in which it is situated. (Ord. 2836, 4 Jun 86 ) 9080 . 91 Nonconforming use. Any use of land, buildings or a portion thereof which was legal when established, but which now is in conflict due to the amendment of the provisions applicable to the district in which it is situated. (Ord. 2836 , 4 Jun 86 ) 9080 . 92 Nontransferable conditional use permit . A conditional use permit which may not be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons . Any such sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; except that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit . In such cases, the permit shall be placed in the name of the surviving partners after notifying the director of development services. A conditional use permit issued to a corporation shall be deemed terminated and void when any outstanding stock of the corporation is sold, transferred or assigned after the issuance of the permit; or any stock which is authorized but not issued at the time of permit approval is thereafter issued, sold, transferred or assigned. (Ord . 2836, 4 Jun 86 ) 9080 . 93 Occupancy, change of . A discontinuance of an existing use and a substitution of another use of a different kind or class . (Ord. 2836, 4 Jun 86 ) 9080 .94 Occupied. Includes used, arranged, converted to, rented, leased, or intended to be occupied. (Ord. 2836, 4 Jun 86 ) 9080 .95 Open or public land. Public parks, water-ways, - 13 - 2957 school sites, flood or electric line rights-of-way or easements . (Ord. 2836 , 4 Jun 86 ) 9080 .96 Open space. Any part of a lot or parcel unobstructed from the ground upward, excepting architectural features extending no more than thirty (30 ) inches from the structure and excluding any area of the site devoted to driveways and other parking areas. (Ord. 2836 , 4 Jun 86 ) 9080. 97 Oversize vehicles. Any vehicle which exceeds twenty-five (25 ) feet in length, seven (7 ) feet in width, or seven (7 ) feet in height, motorized or nonmotorized. Oversize vehicles include, but are not limited to trucks, buses, truck tractors, trailers, campers, and recreational vehicles, as well as any equipment or machinery regardless of size . (Ord. 2836, 4 Jun 86 ) 9080. 98 Overspeed control. A mechanism used to limit the speed of blade rotation to within the design constraints of the wind energy conversion system. (Ord. 2836, 4 Jun 86 ) 9080 .99 Person. The word "person" includes association, company, firm, corporation, partnership, copartnership or joint venture . (Ord. 2836, 4 Jun 86 ) 9080 . 100 Personal Enrichment Services. Provision of instructional services or facilities, including but not limited to, fine arts, crafts, dance or music studios, driving schools, and business or trade schools except those leading to a degree as defined by the State of California Education Code . 9080.101 Permanent open space. The phrase shall include golf courses, park sites, public utility easements, flood control rights-of-way a minimum of one hundred (100 ) feet in clear width; and for the purposes of establishing dancing, live enter- tainment or a game arcade, a parking lot or landscaped area a minimum of two hundred (200 ) feet in width. (Ord. 2836, 4 Jun 86 ) 9080. 102 Place of public assembly. Any place designed for or used for the gathering of twenty (20 ) or more persons in one room where such gathering is of a public nature such as an assembly hall, church, auditorium, recreation or dance hall, theater, or amusement enterprise . (Ord. 2836 , 4 Jun 86 ) 9080 . 103 Planned residential development . A residential development, including statutory and nontatutory condominiums, cluster housing, townhouses and community apartments, in which common open space is integrated into the overall development . Common areas in which each resident has an undivided interest may include outdoor recreational facilities and assembly buildings intended for the use of residents within the development . (Ord. 2836, 4 Jun 86 ) 9080 . 104 Private street. A privately owned and maintained roadway used to provide vehicle access to abutting. p►roperties . (Ord. 2836 , 4 Jun 86 ) - 14 - 2957` 9080 .105 Recreational vehicle park . Any area or tract of land where one or more lots are rented or leased or held out for rent or lease for the use of recreational vehicles or tents to be occupied for temporary purposes . Exclusive occupancy of any site shall not exceed thirty (30 ) continuous days, nor one hundred and twenty (120 ) days in any calendar year . (Ord. 2836, 4 Jun 86 ) 9080 . 106 Recreational vehicle. A travel trailer, pickup camper or motorized home with or without a mode of power and designed for temporary human habitation for travel or recreational purposes . (Ord . 2836, 4 Jun 86 ) 9080 . 107 Recreation space. Open space used for recreational uses such as sundecks, balconies and patios; and walkways, tennis and shuffleboard courts, swimming and boating areas, bridle paths, playgrounds and playing fields. (Ord. 2836, 4 Jun 86 ) 9080 . 108 Rental unit. A room, bath, and kitchen as a separate unit . (Ord . 2836, 4 Jun 86 ) 9080 . 109 Residence. A building used or intended to be used as a dwelling place for one or more families . (Ord. 2836, 4 Jun 86 ) 9080 . 110 Restaurant. A comprehensive term meaning an eating house providing service to the general public . (Ord. 2836 , 4 Jun 86 ) 9080 . 111 Retail store. A business of selling goods, wares and merchandise directly to the ultimate consumer . (Ord. 2836, 4 Jun 86 ) 9080 . 112 Service station. Any lot or portion of a lot used for the dispensing of motor fuel and/or the servicing of motor vehicles . Such servicing may include sale of motor fuels and oils; lubrication; car washing, waxing, and polishing (with no steam equipment) ; sale and service of tires, tubes, batteries; and service of auto accessories. Such service shall not include tire recapping, sale or rebuilding of engines, battery manufacturing or rebuilding, radiator repair or steam cleaning, body repair , painting or upholstery. (Ord. 2836 , 4 Jun 86 ) 9080 .113 Service station, idle. Any service station which has not been open for business for at least sixty (60 ) , eight (8 ) hour days out of any one hundred and eighty (180 ) consecutive days . (Ord . 2836, 4 Jun 86 ) 9080 . 114 School. An institution conducting regular academic instruction at kindergarten, elementary, secondary or college levels, operated by a governmental or nongovernmental organization. (Ord. 2836, 4 Jun 86 ) 9080 .115 Setback line, front yard. The line which defines the depth of the required front yard . Such line shall be parallel 15 - 2957 to the property line and removed therefrom by the perpendicular distance described as the front yard setback . (Ord. 2836 , 4 Jun 86 ) I 9080 .116 Setback line, side or rear yard. The line which defines the width or depth of the required side or rear yard . Such line shall be parallel to the property line and removed therefrom by the perpendicular distance described as the side or rear yard setback . (Ord. 2836, 4 Jun 86 ) 9080 .117 Site . Any legally created parcel of land bounded by property lines after dedication. (Ord. 2836 , 4 Jun 86 ) 9080 .118 Site coverage . The building area of all structures on a site as measured from all exterior building surfaces, including any patio covers, and any balconies and stairways with or without support posts . Architectural features such as bay windows, eaves and fireplaces that do not project more than thirty (30 ) inches, and decks that do not exceed more than forty- two (42 ) inches in height are excluded. (Ord. 2836 , 4 Jun 86 ) 9080 .119 Site plan. A plan prepared to scale, showing accurately and with complete mentioning, all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land. (Ord . 2386, 4 Jun 86 ) I 9080 . 120 Stable, commercial . A stable for horses which are used, hired or boarded on a commercial basis and for compensation. (Ord. 2836 , 4 Jun 86 ) 9080 .121 Stock cooperative . A corporation formed for the primary purpose of holding title to, either in fee simple or for a term of years, any real property where the shareholders of the corporation receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation . (Ord. 2836, 4 Jun 86 ) 9080 . 122 Story. That portion of a building included between the surface of any floor and the surface of the floor next above it or the finished under surface of the roof directly above it . (Ord. 2836, 4 Jun 86 ) 9080 . 123 Street. A public or an approved private thoroughfare or road easement which affords the principal means of access to abutting property, not including an alley. (Ord. 2836 , 4 Jun 86 ) 9080 . 124 Street line. The boundary line between a street and abutting property. (Ord . 2836 , 4 Jun 86 ) 9080 . 125 Structure. A mobilehome or anything constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which requires location on or in the ground, 16 - 2957 except swimming pools, patios, walks, tennis courts, and similar paved areas . (Ord. 2836 , 4 Jun 86 ) 9080 .126 Structural alteration . Any change in or alterations to the structure of a building involving the bearing wall, column, beam or ceiling joists, roof rafters, roof diaphragms, foundations, tiles, retaining walls or similar components . (Ord. 2836 , 4 Jun 86 ) 9080 . 127 Structure, temporary. A structure which is readily movable and used or intended to be used for a period not to exceed ninety (90 ) consecutive days . Such structure shall be subject to all applicable property development standards for the zone district in which it is located. (Ord . 2836, 4 Jun 86 ) f 9080 . 128 Temporary outdoor event. A temporary use of property not exceeding an aggregate of twenty-one (21 ) calendar days per year , the purpose of which is to conduct a specialized, short-term event such as an art show, fund-raising events, amuse- ment attractions, sporting events and rabies clinics . Public services which benefit the community such as, but not limited to, bloodmobile or chest X ray are included in this category. Any such event if sponsored by a nonprofit organization shall be exempt from the requirements of Article 973 . (Ord. 2836 , 4 Jun 86 ) 9080 . 129 Ultimate right-of-way. The adopted maximum width for any street, alley or thoroughfare as established by the general plan; by a precise plan of street, alley or private street alignment; by a recorded parcel map; or by a standard plan of the department of public works . Such thoroughfares shall include any adjacent public easement used as a walkway and/or utility easement . (Ord. 2836 , 4 Jun 86 ) 9080 .130 Use. The purpose for which land or a building is arranged, designed, or intended, or for which it is occupied or maintained. (Ord. 2836, 4 Jun 86 ) 9080 . 131 Wall or fence. Any structure or device forming a physical barrier This definition shall include wood, concrete, concrete block, brick, stone or other masonry material . (Ord. 2836, 4 Jun 86 ) 9080 . 132 Warehouse. A building or the use of a building for storage of goods of any type in any area greater than five hundred (500 ) square feet and where no retail operation is conducted. (Ord . 2836, 4 Jun 86 ) 9080 . 133 Waterfront lot . Any lot or portion thereof abutting a navigable waterway such as a bay, cove or channel . (Ord. 2836 , 4 Jun 86 ) 9080 . 134 Wet bar . A fixed installation within a dwelling unit providing cold and/or hot water to a single sink without a - 17 - 2957 garbage disposal at a location other than a kitchen or laundry. A wet bar area shall not include a stove, range, or similar appliance usually found in a kitchen, and if such wet bar is located in a room or a portion of a room with a stove, hot plate, range, oven or other type kitchen facility, it shall be deemed a separate kitchen. (Ord. 2836 , 4 Jun 86 ) 9080 . 135 Wind energy conversion system. A machine which converts the kinetic energy of the wind into a usable form of electrical energy, such as a windmill or turbine . (Ord. 2836 , 4 Jun 86 ) 9080 . 136 Yard. An open, unoccupied space on a lot on which a building is situated and, except where provided in the ordinance code, is completely unobstructed, from the ground to the sky. (Ord. 2836, 4 Jun 86 ) 9080 . 137 Yard, front . A yard extending across the full width of the lot between the side lot lines and between the front lot line and either the nearest line of the main building or the nearest line of any enclosed or covered porch. The front lot line shall be deemed to be the existing nearest right-of-way line of the abutting street, road or highway, unless a different right-of-way line for future use shall have been precisely fixed by formal action of the city council pursuant to law or ordinance. (Ord. 2836 , 4 Jun 86 ) 9080 .138 Yard, rear . A yard extending across the full width of the lot between the side lot lines and measured between the rear lot line and the nearest rear line of the main building or the nearest line of any enclosed or covered porch . Where a rear yard abuts a street or is adjacent to or facing a front yard of residentially zoned property, it shall meet front yard requirements of the district; excepting walls and fences and R1 zoned property abutting arterial highways . (Ord. 2941 , 7 July 88 ) . 9080 . 139 Yard, side. A yard extending from the front yard to the rear yard between the side property line and the nearest line of the main building or any accessory building. (Ord . 2836 , 4 Jun 86 ) 9080 . 140 Zone. A district as defined in the state Conservation and Planning Act shown on the official zoning maps and to which uniform regulations apply. (Ord. 2836 , 4 Jun 86 ) 9080 .141 Zoning maps . The official zoning maps of the city of Huntington Beach which are a part of the comprehensive zoning ordinance. (Ord. 2836 , 4 Jun 86 ) SECTION 2 . The Huntington Beach Ordinance Code Section 9220 . 1 (c) is amended to read as follows: (c) List C - C2 and C4 districts--Use permit . Initial estab- lishment of use and occupancy for List C uses shall be permitted subject to the approval of a use permit by the board of zoning adjustments within the C2 and C4 districts . 18 - 2957 A. Automobile minor repair pursuant to section 9730 .58 Automobile, motorcycle, and recreational vehicle sales, including service and repair as an accessory use C . Carwash Clinic with less than 2500 sq. ft. G . Game arcades pursuant to section 9220 .11 i M. Mortuaries 0. Outside uses pursuant to section 9220 . 10 P. Personal Enrichment Service with less than 2500 sq. ft . R. Restaurants, including drive-through and dine-in Retail uses and services not specifically listed under (a) or 9b) but of a similar nature. SECTION 3 . The Huntington Beach Ordinance Code Article 963 is hereby amended to read as follows: ARTICLE 963 UNCLASSIFIED USES Sections• 9630 Permitted uses . 9631 Contractor 's storage yards/mulching operations. 9632 Landfill disposal sites . 9632 .1 Landfill disposal sites/definitions . 9632 .2 Operations plan. 9632 .3 Approval of operations site . 9632 .4 Hazardous waste sites. 9632 .5 Operations plan. 9632 .6 Exemptions . 9632 .7 Excavation activity prohibited . 9633 Wind energy conversion systems. 9634 Child Day Care Facilities 9634 .1 Small Family Day Care Homes 9634 .2 Large Family Day Care Homes 9634 .3 Day Care Centers 9635 Bed and Breakfast 9630 Permitted Uses . The following list includes uses that possess characteristics of such unique and special form as to make impractical their automatic inclusion as a permitted use in any district . The location and operation of such uses shall be subject to approval of a conditional use permit by the Planning Commission in compliance with base district development standards, any - 19 - 2957 additional provisions included herein, and any more restrictive requirements imposed as conditions of approval . Uses marked with an asterisk shall not be permitted in any residential district . A. *Airports and heliports B. Bed and Breakfast Inns pursuant to 5.9635 C . Child Day Care Facilities pursuant to 5.9634 Churches (Minimum 10% of parking area shall be landscaped. ) Colleges, universities, elementary and secondary private or public schools (Minimum 10% of parking area shall be landscaped. ) *Contractor 's storage yards pursuant to Section 9631 *Convalescent hospitals and sanatoriums *Commercial recreation and amusement enterprises, including bowling alleys and skating rinks D. Density Bonus for residential projects (must have more than five (5 ) permitted units) G . *Golf driving ranges; miniature golf courses H . *Health clubs over 2,500 sq. ft . Horticulture as defined in Article 908 and except as provided elsewhere in this code. Hospitals K. *Kennels, animal hospitals or clinics L . Land Disposal Sites, except prohibited in S1 districts, pursuant to S. 9632 M. *Medical or Dental Clinics over 2 ,500 square feet *Mulching operations pursuant to Section 9631 Museums O. *Open air or drive-in theaters P. Parking lots as primary use or parking structures *Post Offices *Private clubs and lodges *Personal Enrichment Services over 2500 square feet Private recreation areas or other uses for exclusive use of homeowners Public utility substations of less than one acre, excluding switchyards. R. *Radio or television transmitters (commercial ) *Recreational vehicle parks subject to locational criteria adopted by resolution. *Rest homes Retail nurseries (conditional use permit - 20 - 2957 not required if in a commercial district ) Rooming or boarding houses, except in low density residential districts T. *Transportation terminals U. Utility facilities, public or private, including but not limited to wastewater treatment plants, power generating plants, and pump stations . W. Wind energy conversion systems pursuant to Section 9633 9631 Contractor 's storage yards/mulching operations . Contractor ' s storage yards in conjunction with public facility improvement contracts and mulching operations on unimproved public or private property may be permitted subject to the following: (a ) Initial approval shall be for a maximum of two (2 ) years. The use shall be eligible for a maximum of three one year extensions by the Planning Commission. (b ) The development shall comply with parking, access and setback requirements contained in Article 960 . 9632 Landfill disposal sites . Excavation of landfills or land disposal sites shall be subject to the requirements of this article. These provisions are not intended to apply to grading and surcharging operations permitted under Appendix Chapter 70 of the Uniform Building Code. Permits for grading on previously approved development projects shall be subject to approval of the director . 9632 .1 Land disposal site/definitions. The following words and phrases shall be construed as defined herein unless a different meaning is apparent from the context: (a ) Excavation . Any activity and/or movement of material which exposes waste to the atmosphere. (b ) Land disposal site . Any site where land disposal of Group I , II , or III waste, as defined by the California Administrative Code, has been deposited either legally or illegally on or into the land, including but not limited to landfill, surface impoundment, waste piles, land spreading, dumps, and coburial with municipal refuse. 9632 .2 Operations plan. (a) No person shall conduct any excavation activity at any land disposal site in the city of Huntington Beach without first submitting to the city an operations plan, approved by the director . Such plan shall include complete 21 - 2957 information regarding the identity, quantity and characteristics of the material being excavated, including a chemical analysis performed by a laboratory, acceptable to the city, together with the mitigation measures that will be used to insure that health hazards, safety hazards, or nuisances do not result from such activity. (b ) Mitigation measures contained in the operations plan may include gas collection and disposal of waste, encapsulation, covering waste, chemical neutralization, or any other measures deemed necessary by the city. (c ) Ambient air quality monitoring, as well as other monitoring or testing deemed reasonably necessary, shall be included in the operations plan. 9632 .3 Approval of operations plan. (a ) The City shall not approve an operations plan unless such plan includes provisions for the immediate cessation of excavation activity when the operator, or any agent thereof, of a land disposal site has been notified by the city that a nuisance, health or safety hazard has or is about to occur as a result of such activity therein. (b) Upon determination by any government agency that a nuisance, safety or health problem exists on any land disposal site in the city, mitigation measures, contained in the operations plan, shall be implemented immediately. 9632 .4 Hazardous waste sites . For any land disposal site determined to be a hazardous waste site by the state department of health services and/or the City of Huntington Beach, the following additional measures shall be taken prior to excavation of such site: (a) All property owners within a one-half mile radius of the site shall receive written notice of all public hearings to be held regarding proposed excavation on the site. The cost of preparing and mailing such notice shall be paid by the operator/applicant . (b) A type of bond, acceptable to the city attorney, shall be posted by the operator/applicant insuring that necessary funds are available to restore the site to a safe condition if excavation is prematurely terminated. (c) Excavation of the site shall be performed in accordance with the requirements of the state department of health services, and any other public agency with jurisdiction over hazardous waste sites. 22 - 2957 9632 .5 Operations plan. The operations plan shall contain the following: (a) A plan establishing lines of authority and responsibility between public agencies and the operator/applicant, or his agents, during excavation. The plan shall contain specific procedures to be followed by all responsible parties involved with the excavation. (b) A plan containing specific measures to monitor air quality to be implemented during excavation to prevent the exposure of on-site workers or area residents to unhealthful vapors from the site. If deemed necessary by the state department of health services, the plan shall also include specific measures for evacuation of residents in the vicinity of the site. (c) A plan showing specific routes for vehicles transporting hazardous wastes from the site. (d) A plan containing specific steps for restoration of the site to a safe condition if excavation is terminated prematurely. 9632 .6 Exemptions. The following activities shall be exempt from the requirements of this article unless otherwise determined by the director . (a) The drilling of holes up to twenty-four (24 ) inches in diameter for telephone or power transmission poles or their footings . (b) The drilling of oil wells, gas wells or landfill gas collection wells or the maintenance of gas or leachate collection systems . (c) Any excavation activity which has been determined by the director to pose an insignificant risk, or any activity which has been covered sufficiently in a plan prepared for any other agency having jurisdiction over the site. 9632 .7 Excavation activity prohibited. (a ) No person shall excavate at any land disposal site in the city of Huntington Beach unless he or she first certifies that all applicable regulations of other public agencies with jurisdiction over hazardous waste sites have been met . (b) Compliance with the provisions of this article shall not exempt any person from failing to comply with the requirements of the California Health and Safely Code, and any other applicable codes, rules or regulations . 23 - 2957 i 9633 Wind energy conversions systems . Wind energy conversion systems shall be subject to the following requirements: ( a) Wind energy conversion systems (WECS) shall be located within the rear two-thirds (2/3) of a lot and shall comply with any setback requirements in the base district . WECS within residential districts shall be designed and engineered to eliminate guy wires, shall have a base of a maximum of four square feet in area, and shall not encroach into required open space. For WECS within a commercial or industrial district, the minimum rear yard setback shall be twenty (20 ) feet if adjacent to residentially zoned property. The design of any WECS shall not create noise, strobing effect , or similar nuisances that may be detrimental to the immediate area. If the director determines that a nuisance will be created, he shall designate in writing steps or procedures that must be taken by the property owner or operator to abate the potential nuisance. (b) The height of the highest point of the WECS shall not exceed sixty (60 ) feet from adjacent grade . The lowest portion of the blades shall be no less than fifteen (15 ) feet from grade. (c) Each WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor . The application must include a statement by California-registered professional engineer (subject to approval by the director ) certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices . The engineer should certify the structural compatibility of the proposed tower and the rotors. (d) The WECS shall be operated such that no disruptive electromagnetic interference is caused . If the director determines that the system is causing harmful interference, the operator shall promptly mitigate the harmful interference upon written notification, to the satisfaction of the director . (e ) For WECS which will be interconnected to a utility grid, no wind turbine shall be installed until the utility company has approved such installation in writing. A copy of such approval shall be submitted to the director prior to installation of the wind turbine. THe utility company shall be notified of the installation of any WECS whether or not the property owner or operator intends to connect the system to a utility grid. (f ) If a WECS is not maintained in operational condition and poses a potential safety hazard (as determined by the director ) , the owner or operator shall take expeditious action to remedy the situation. The city may summarily - 24 - 2957 abate any such hazardous situation and pass the cost of such abatement on to the owner or operator of the system. If the city determines that the system has been abandoned and poses a safety hazard, such system shall be removed by the owner or operator of the system within thirty (30 ) days of receipt of written notice . (g ) The permittee shall submit an annual statement by a California registered engineer, stating that the system, including base and blades, is in sound working condition and does not pose a hazard to the public health, safety or welfare. (h) The planning commission may impose further requirements as deemed necessary due to special or unusual circumstances of the location or proposed installation. 9634 . Child Day Care Facilities . Child day care facilities which provide nonmedical care to children under 18 years of age on less than a 24-hour basis include family day care homes and day care centers . 9634 . 1 Small Family Day Care Homes . A single family residence in which care is provided to six or fewer children shall be considered a permitted use and shall comply with Orange County social services requirements. 9634 .2 Large Family Day Care Homes. A single family residence in which care is provided to 7 to 12 children shall be subject to the following provisions : a . Seventy-five square feet of outdoor play area per child. Thirty-five square feet of indoor play area per child . Outdoor play area shall be grassed and enclosed by a six foot high masonry wall . Any entry gate shall be securely fastened. b. The total enrollment for the family day care home shall conform to state law. C. The applicant shall submit clearance from the fire department and a copy of the Orange County social services license, prior to the operation of the family day care home. d. Such facility shall not be located closer than 600 feet to another large family day care home. e. Garages shall not be used as a designated play area or used in calculating minimum square footage in a family day care home . f . Loading and unloading of children from vehicles shall only 25 - 2957 be permitted on the driveway, approved parking area or directly in front of the facility. g. The family day care home shall comply with all applicable requirements of Chapter 8 .40, noise control of the municipal code. h. The Planning Commission reserves the right to revoke the approval of a family day care home if a violation of the conditions of approval occurs. All revocation proceedings shall be preceded by a public hearing. i . Approvals for family day care homes are non-transferable and the dwelling unit shall be owner occupied . I j . A minimum of two on-site parking spaces shall be provided in addition to the two required fully enclosed parking spaces . 9634 .3 Day Care Centers . Day care centers including infant centers, preschools, and extended day care facilities shall be subject to the following provisions : a . Seventy-five square feet of outdoor play area per child . Thirty-five square feet of indoor play area per child. Outdoor play area shall be grassed and enclosed by a minimum six foot high fence . Fencing may be required to be masonry as determined by the Planning Commission. Any gate entry shall be securely fastened. b. Minimum 10% of parking area shall be landscaped . C . The total enrollment for the day care center shall be established by the Planning Commission. d. Fire department clearance shall be obtained prior to the operation of the day care center . e. Hours of operation shall be established by the Planning Commission. f. The applicant shall submit a copy of the Orange County social services license prior to the operation of the day care center . g . The applicant shall obtain a business license prior to the operation of the day care center . h. Off-street parking for day care centers shall be one parking space per staff member plus one per classroom. i . Loading and unloading of children shall only be permitted from approved parking areas. - 26 - 2957 j . Children attending the day care center shall be restricted to designated play areas only, unless supervised by an adult . k . The day care center shall comply with all applicable requirements of Chapter 8 .40, noise control of the municipal code. 1 . The Planning Commission reserves the right to revoke the approval of a day care center if a violation of the conditions of approval occurs. All revocation proceedings shall be preceded by a public hearing. 9635. Bed and Breakfast Inns. Bed and breakfast inns are subject to the following provisions: a. The use shall be located in a building of residential design having a minmum of 2,000 square feet of residential floor area which has no less than 3 and no more than 6 lodging rooms and one common room available for social interaction and serving of breakfast meal . b . An owner, manager, proprietor or caretaker shall reside on the subject site at all times . c . No cooking facilities shall be permitted in any guest rooms . d . No meals shall be served to guests other than breakfast . Said breakfast, if served, shall be served only to registered overnight guests . e . No guest shall be permitted to rent accomodations or remain in occupancy for a period in excess of fourteen ( 14 ) days during any consecutive ninety (90 ) day period. f . The use may be permitted in any single-family residence in any zone deemed by the City to be of architectural or historical significance and in compliance with the Uniform Building Codes as adopted by the City. g. Parking shall be one enclosed space for owner/manager; one space for each guest room used for sleeping purposes; and one space for visitor parking. h . Signage shall be limited to either one wall sign not more than two (2 ) square feet in area, or one freestanding sign not more than two ( 2 ) square feet in area and not more than 3 .5 (three and one-half) feet in height. Sign wording shall be limited to identifying the name and address of the facility. i . Prior to application, an applicant shall pay the required fee and request an inspection of the property by the Building Official to determine compliance with current - 27 - 2957 r r, building and zoning codes . The Building Official shall file a written report indicating, if necessary, the nature and amount of work required to have the subject site and structure comply with current codes . j . Prior to commencing the use, a business license and certificate of occupancy shall be obtained. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of August , 1988 . May r ATTEST,; APPROVED AS TO FORM: City Clerk City A orne -� REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator e ''e / Community Development �r be 28 - 2957 Ord. No. 2957 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I> CONNIE BROCKWAY the duly appointed, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 1st day of August 19 88 and was again read to said City Council at a regular meeting thereof held on the 15th day of August , 19 gg and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: Kelly, Green, Finley, Erskine, Winchell NOES: Councilmembers: None ABSENT: Councilmembers: Mays, Bannister 10 Conde Brockway CITY CLERK of the City of Huntington Beach and ex-oft'mio Clerk of the City • Council,do hereby Certify ft a synopsis of this ordin"We tins been published in the Daily Pao#on - City Clerk and ex-officio C erk J'D ,19 5 ,9 of the City Council of the City In a with the City Charter of raid City. of Huntington Beach, California Connie Brockway w. M Qy Cie* Dep*Cl Cierk 2957