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HomeMy WebLinkAboutOrdinance #3254 ORDINANCE NO. 3254 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY HUNTINGTON BEACH REPEALING THE HUNTINGTON BEACH ORDINANCE CODE AND ADOPTING A NEW ZONING AND SUBDIVISION CODE WHEREAS, the City Council of the City of Huntington Beach has previously adopted a comprehensive zoning and subdivision ordinance, entitled the Huntington Beach Ordinance Code, Division 9; and Pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings relative to adopting a new comprehensive;coning and subdivision ordinance, wherein both bodies have caref0y considered all information presented at said hearings; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid new ordinance is proper and consistent with the General Plan, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That the Huntington Beach Ordinance Code, Division 9, is hereby repealed, except Article 91 U thereof, entitled Residential Agriculture. 1 4lordAdopt new Ord GodcULLS 94•146\09/07/94 INTENTIONALLY LEFT BLANK SECTION 2. That the Huntington Beach Municipal Code is hereby amended to add new Titles 20, 21, 22, 23, 24, and 25 thereto, to read as shown on the document attached hereto as Exhibit "A," and incorporated by this reference as though fully set forth herein. SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of October , 1994. Mayor ATTEST: APPROVED AS TO FORM: City Clerk ty ttorney -3 REVIEWED AND APPROVED: INITIATED AND APPROVED: City Admirlistra r Director of Comm unify Development 1 410rd:Adopt new Ord Code1RLS 94-146\08/03/94 3254 INTENTIONALLY LEA' BLANK EXHIBIT A includes the following: Title 20 General Provisions Title 21 Base Districts Title 22 Overlay Districts Title 23 Provisions Applying in All or Several Districts Title 24 Administration Title 25 Subdivisions Zoning Map (DMs) 3254 INTENTIONALLY LEFT BLANK Ordinance No. 3254 - � `- � .� IMP — Page TITLE 20—GENERAL PROVISIONS Chapter 201 Title,Components, and Purpose 201.02 Title 201-1 201.04 Components 201-1 201.06 Purpose 201-2 201.08 Consideration of Discretionary Applications 201-2 Chapter 202 Organization,Applicability,and Interpretation 202.02 Organization 202-1 202.04 General Rules for Applicability of the Zoning and Subdivision Ordinance 202-2 202.06 Applicability of Land Use Controls and Development Standards 202-3 202.08 Rules for Interpretation;Record-Keeping 202-3 202.10 Revonsibilities �f 202-4 W-2. 1.2 r; �# c7f of This ord;'Ian[e rJn 4pproved, 1pro;2,+r Gw�� }��oJ e s n �roct�5 - Chapter 203 Definitions 203.02 Applicability 203-1 203.04 Rules for Construction of Language 203-1 203.06 Definitions 203-2 Chapter 204 Use Classifications 204.02 Applicability 204-1 204.04 Uses Not Classified 204-1 204.06 Residential Use Classifications 204-1 204.08 Public and Semipublic Use Classifications 204-2 204.10 Commercial Use Classifications 204-4 204.12 Industrial Use Classifications `:` 204-9 204.14 Accessory Use Classifications 204-10 20416 Temporary Use Classifications 204-10 TITLE 21 --BASE DISTRICTS Chapter 210 Residential Districts 210.02 Residential Districts Established 210-1 210.04 RL,RM,RMH,RH and RMP Districts: Land Use Controls 210-2 210.06 RL,RM,RNH,RH and RMP Districts: Property Development Standards 210-5 210.08 Supplemental Development Standards for Senior Projects 210-15 210.10 Modifications for Affordable Housing 210-16 210.12 Planned Unit Development Supplemental Standards and Provisions 210-16 210.14 RMP District Supplemental Development Standards 210-17 210.16 Review of Plans 210-17 TOC ( i ] 01/24/94 Chapter 211 C Commercial Districts 211.02 Commercial Districts Established 211-1 211.04 CO,CG,and CV Districts: Land Use Controls 211-1 211.06 CO,CG,and CV Districts: Development Standards 211-8 211.08 Review of Plans 211-14 Chapter 212 I Industrial Districts 212.02 Industrial Districts Established 212-1 212.04 IG and IL Districts: Land Use Controls 212-1 212.06 IG and IL Districts: Development Standards 212-6 212.08 Review of Plans 212-8 Chapter 213 OS Open Space District 213.02 Open Space District Established 213-1 213.04 Applicability 213-1 213.06 OS Distract: Land Use Controls 213-1 213.08 OS District: Development Standards 213-4 213.10 Review of Plans 213-5 Chapter 214 PS Public-Semipublic District 214.02 Public-Semi Public District Established 214-1 214.04 Applicability 214-1 214.06 PS District: Land Use Controls 214-2 214.08 PS District: Development Standards 214-3 214.10 Review of Plans 214-6 Chapter 215 SP Specific Plan District 215.02 Specific Plan District Established 215-1 215.04 Land Use Controls 215-1 215.06 Development Standards 215-1 215.08 Initiation 215-2 215.10 Required Plans and Materials 215-2 215.12 Planning Commission Action 215-2 215.14 Status of Specific Plan 215-3 215.16 Zoning Map Designation 215-3 215.18 Review of Plans 215-3 TITLE 22-OVERLAY DISTRICTS Chapter 220 O Oil Production Overlay District 220.02 Oil Production Overlay District Established 220-1 220.04 Zoning Map Designator and Applicability 220-1 220.06 Area Requirements 220-1 220.08 Reuse Plan Required 220-2 220.10 Criteria for Approval of a Reuse Plan 220-2 220.12 Site Compliance 220-3 220.14 Land Use Controls and Development Standards 220-3 220.16 Portable Equipment Required 220-3 220.18 Application for Designation 220-3 220.20 01 District -Dedication Requirements 220-3 220.22 Waiver or Reduction of Dedication Requirements 220-4 220.24 Criteria for Waiver or Reduction of Dedication Requirements 220-4 TOC H 1=1/93 Ordinance No. 3254 Chapter 221 CZ Coastal Zone Overlay District 221.02 Coastal Zone Overlay District Established 221-1 221.04 Zoning Map Designator 221-1 221.06 Requirements for Coastal Development Permit 221-1 221.08 Land Use Controls 221-2 221.10 Guarantees of Public Access 221-2 221.12 Coastal Access and Public Use Areas, Signs Required 221-2 221.14 Preservation of Visual Resources 221-3 22116 Community Facilities 221-3 221.18 Diking,Dredging and Filing 221-3 221.20 Hazards 221-3 221.22 Buffer Requirements 221-4 221.24 Energy Facilities 221-4 221.26 Residential Density Limitations 221-5 221.28 Maximum Height 221-5 221.30 Off-Street Parking Requirements 221-5 221.32 Landscaping 221-5 221.34 Signs 221-5 Chapter 222 FP Floodplain Overlay District 222.02 Floodplain Overlay District Established 222-1 222.04 Zoning Map Designator;Establishment of Hazard Areas 222-1 222.06 Definitions 222-2 222.08 Methods of Reducing Flood Hazards 222-5 } 222.10 General Provisions 222-5 222.12 Land Use Controls 222-7 222.14 Development Standards and Standards of Construction 222-8 222.16 Variances/Appeals 222-11 Chapter 223 IS Interim Study Overlay District 223.02 Interim Study Overlay District Established. 223-1 223.04 Zoning Map Designator 223-1 223.06 Land Use Controls 223-1 223.08 Development Standards 223-1 223.10 Expiration of IS District Ordinance•,Renewal 223-2 223.12 Resubmittal of Development Proposals 223-2 Chapter 224 NC Neighborhood Conservation Overlay District 224.02 Neighborhood Conservation Overlay Established 224-1 224.04 Area Requirements 224-1 224.06 Status of NC Overlay District and Approved Plan 224-1 224.08 Allowable Modifications to Land Use Controls and Development Standards 224-2 224.10 Application for Designation 224-2 224.12 Adoption Procedures 224-2 224.14 Zoning Map Designator 224-3 224.16 Building Permits to Conform to Adopted Plan 224-3 AD Chapter 225 F1Planned Development Overlay District 225.02 Planned development Overlay District Established 225-1 225.04 s ; ea Requirements 225-1 TOC iii 12/21/93 225.06 Status of WD Planned Development Overlay District and Approved Plan 225-1 225.08 Allowable Modifications to Land Use Controls and Development Standards 225-2 225.10 Application f esignation 225-2 225.12 Adoption of WOverlay District and lc Plan 225-2 225.14 Zoning Map Designator 225-3 225.16 Building Permits to Conform to Adopted Plan 225-3 Chapter 226 H High-Rise Overlay District 226.02 High-Rise Overlay District Established 226-1 226.04 Applicability and Zoning Map Designator 226-1 226.06 Land Use Controls 226-1 226.08 Development Standards 226-1 Chapter 227 MM Mobilehome Overlay District 227-02 Mobilehome Overlay District Established 227-1 227.04 Zoning Map Designator 227-1 227.06 Criteria for Application of Zone 227-1 227.08 Uses Permitted 2272 227.10 Removal of the Mobilehome Park Overlay District or Change of Use 227-2 TITLE 23 -PROVISIONS APPLYING IN ALL OR SEVERAL DISTRICTS Chapter 230 Site Standards A 230.02 Applicability 230-2 Residential Di stricts 230.04 Front and Comer Side Yards in Developed Areas 230-2 230-06 Religious Assembly Yard Requirements 230-2 230.08 Accessory Structures 230-2 230-10 Accessory Dwelling Units 230-3 230.12 Home Occupation in R Districts 230-4 230.14 Affordable Housing Incentives/Density Bonus 230-5 230.16 Manufactured Homes 230-10 230.18 Subdivision Sales Office and Model Homes 230-11 230.20 Payment of Parkland Dedication In-Lieu Fee 230-12 230.22 (Ra&zved) 1Reslde-6,0 230-12 230.24 (Reserved) 230-12 230.26 (Reserved) 230-12 230.28 (Reserved) 230-12 230.30 (Reserved) 230-12 Non-Residential Districts 230.32 Service Stations 230-12 230.34 Housing of Goods 230-14 230.36 Transportation Demand Management 230-14 230.38 Game Centers 230-18 230.40 Helicopter Takeoff and Landing Areas 230-18 230.42 Bed and Breakfast Inns 230-20 230.44 Recycling Operations 230-21 TOC iv 12121/93 Ordinance No. 3254 230.46 Single Room Occupancy 230-21 230.48 Equestrian Centers �;, ,rq�k�ts 230-23 23050 1„ ar 5w� 230-26 230.52 (Reserved) 230-26 230.54 (Reserved) 230-26 230.56 (Reserved) 230-26 230.58 (Reserved) 230-27 230.60 (Reserved) 230-27 All Districts 230.62 Building Site Required 230-27 230.64 Development on Substandard Lots 230-27 230.66 Development on Lots Divided by District Boundaries 230-27 230.68 Building Projections Into Yards and Courts 230-28 230.70 Measurement of Height 230-29 230.72 Exceptions to Height Limits 230-29 230.74 Outdoor Facilities 230 29 230.76 Screening of Mechanical Equipment 230-30 230.78 Refuse Storage Area 230-30 230.80 Antennae and Microwave Equipment 230-31 230.82 Performance Standards for All Uses 230-32 230.84 Dedication and Improvements 230-32 230.86 Seasonal Sales 230-34 230.88 Fencing and.Yards 230-35 230.90 Contractor Storage Yards/Mulching Operations 230-40 230.92 Landfill Disposal Sites 230-41 Chapter 231 Off-Street Parking and,Loading Provisions 231.02 Basic Requirements for Off-Street Parking and Loading 231-1 231.04 Off-Street Parking and Loading Spaces Required 231-3 231.06 Joint Use of Parking 231-13 231.08 Reduced Parking for Certain Uses 231-13 231.10 Parking In-Lieu Payments within Downtown Specific Plan 231-13 231.12 Parking Spaces for the Handicapped 231-14 23.1.14 Parking Space Dimensions 231-14 231.16 Application of Dimensional Requirements 231-16 231..18 Design Standards 231-16 231-20 Compact Parking 231-22 231.22 Driveways;Visibility 231-23 231.24 Landscape Improvements 231-23 231.26 Parking Area.Plan Required 231-23 Chapter 232 Landscape Improvements 232.02 Applicability 232-1 232.04 General Requirements 232-1 232.06 Materials 232 2 232.08 Design Standards 232-3 232.10 Irrigation 232-4 232.12 Exceptions .232-5 Tvc 03ro7/94 7 Chapter 233 Signs 233.02 Definitions 233-1 233.04 Exempt Signs 233-5 233.06 Permits Required 233-6 233.08 On-Site Permitted Signs 233-8 233.10 Subdivision Directional Signs 233-13 233.12 Electronic Readerboards 233-13 233.14 Readerboard Signs-Multiple Users 233-15 233.16 Illumination;Movement 233-17 233.I8 Promotional Activity Signs 233-17 233.20 Miscellaneous Signs and Provisions 233-18 233.22 Prohibited Signs 233-18 233.24 Off-Site Advertising Signs 233-19 233.26 Planned Sign Program 233-19 233.28 Nonconforming Signs 233-20 233.30 Design Review 233 21 233.32 Code Compliance 23321 Chapter 234 Mobilehome Park Conversions 234.02 Specific Purpose 234-1 234.04 Definitions 234-1 234.06 Permit Required 234-2 234.08 Relocation Plan 234-3 234.10 Modification of Relocation Plan 234-4 234.12 Acceptance of Reports 234-5 234.14 Findings for Conversion 234-5 Chapter 235 Residential Condominium.Conversions 235.02 Definitions 235-1 235.04 Permit Required 235-2 235.06 Required Reports and Information 235-2 235.08 Condominium Conversion Standards 235-4 235.10 Tenant Benefits and Notification 235-5 235.12 Effect of Proposed Conversions on the City's Low-and Moderate-Income Housing Supply 235-7 235.14 Bonus for Including Low-and Moderate-Income Housing 235-7 235.16 Findings 235-8 Chapter 236 Nonconforming Uses and Structures 236.02 General Provisions 236-1 236.04 Destruction of Nonconforming Structure or Use 236-1 236.06 Alterations to a Nonconforming Structure or Use 236-2 TITLE 24-ADMINISTRATION Chapter 240 Zoning Permits AT P I-val 240.02 Zoning Feffniw, A ppr°va( 240-1 240.04 Environmental Review 240-1 240.06 Fees and Deposits 240-2 Chapter 241 Conditional Use Permits and Variances; Waiver of Development Standards 241.02 Procedures Established 241-1 241.04 Authority of Planning Commission and.Zoning Administrator 241-2 TOC vi 12/21/93 Ordinance No. 3254 241.06 Initiation 241-2 241.08 Notice and Public Hearing 241-2 241.10 Required Findings 241-2 241.12 Conditions of Approval 241-3 241.14 Effective Date;Appeals 241-3 241.16 Time Limit;Transferability;Discontinuance;Revocation 241-3 241.18 Changed Plans;New Application 241-4 241.20 Temporary Use Permits 241-4 241.22 Waiver of Development Standards 241-5 Chapter 242 (Reserved) 242-1 Chapter 243 (Reserved) 243-1 Chapter 244 Design Review 244.02 Applicability 244-1 244.04 Duties of the Design Review Board 244-1 244.06 Scope of Review 244-2 244.08 Required Plans and Materials 244-2 Chapter 245 Coastal Development Permit 245.02 Specific Purpose 245-1 245.04 Definitions 245-1 245.06 Permit Required - 245-3 245.08 Exemptions 245-3 245.10 Categorical Exclusions 245-6 245.12 Application Requirements 245-7 245.14 Determination of Applicable Procedures 245-7 24516 Action on Coastal Development Permit 245-8 245.18 Public Hearing and Comment 245-8 245.20 Notice for Appealable Development 245-8 245.22 Notice for Non-Appealable Development 245-9 245.24 Notice of City Action 245-10 245.26 Precedence of Local Coastal Program 245-12 245.28 Conditions 245-12 245.30 Findings 245-12 245.32 Appeals 245-12 245.34 Application After Denial 245-13 245.36 Expiration of Coastal Development Permit 245-13 245.38 Permit Amendment 245-13 245.40 Procedures for Open Space Easement and Public Access 245-14 Chapter 246 Development Agreements 246.02 Purpose 246-1 246.04 Application Requirements 246-1 246.06 Department Review and Recommendations 246-2 246.08 Public Hearing Required 246-2 246.10 Planning Commission Action 246-2 246.12 City Council Action 246-3 246.14 Annual Review 246-3 246.16 Application of Existing Rules, Standards, and Policies 246-4 246.18 Modification and Termination 246-4 TOC vii 12/21/93 S Chapter 247 Amendments 247.02 Initiation of Amendments 247-1 247.04 Required Application Materials for Amendments Initiated by Property Owners 247-1 247.06 Public Hearing Scope and Notice 247-1 247.08 Planning Commission Review and Recommendation 247-1 247.10 Determination Before Making Recommendation on Change in Zoning or Subdivision Provision or Standard 247-2 247.12 Result of Planning Commission Denial 247-2 247.14 City Council Action 247-2 Chapter 248 Notices,Hearings,Findings,Decisions and Appeals 248.02 Director's Duty To Give Notice 248-1 248.04 Notice Requirements 248-2 248.06 Rules Governing Conduct of Hearing, Opportunity to be Heard and Burden of Proof 248-2 248.08 Requirement that Findings Be Made Upon Grant of Application 248-2 24810 Time and Manner of Decision 248-3 248.12 Time Limit on Reapplication for Same Matter 248-3 248.14 Denial Without Prejudice 248-3 248.16 Finality of Decision and Time for Appeal 248-3 248.18 Designation of Hearing Body on Appeal 248-3 248.20 Appeal of Decision 2484 248.22 Appeal of Failure to Act 248-4 248.24 Appeal of Decision Not Otherwise Provided For 248-4 ; s 248.26 Fee for Appeal 248-5 248.28 Appeal by City Council Member, or Planning Commissioner 248-5 248.30 Effective Date of Decision 248-5 Chapter 249 Enforcement 249.02 Permits,Licenses,Certificates,and Approvals 249-1 249.04 Enforcement Responsibilities 249-1 249.06 Revocation of Discretionary Permits 249-1 249.08 Enforcement Penalties 249-2 249.10 Abatement Procedure 249-3 249.12 Lien Procedure 249-5 TITLE 25-SUBDIVISIONS Chapter 250 General Provisions 250.02 Citation and Authority 250-1 250.04 Consistency 250-1 250.06 Applicability 250-1 250.08 Exceptions 250-1 250.10 Definitions 250-2 250.12 Responsibilities 250-4 250.14 Map Requirements 250-5 250.16 Fees and Deposits 250-6 Chapter 251 Tentative Maps 251.02 General 251-1 251.04 Form and Contents 251-1 251.06 Accompanying Data and Reports 251-2 TOC viii 12/21/93 Ordinance No. 3254 $ 251.08 Hearings and Action 251-3 251.10 Waiver of Time Limits for Zoning Administrator or Planning Commission Action 251-4 251.12 Appeals of Planning Commission or Zoning Administrator Action 251-4 251.14 Expiration 251-4 251.16 Extensions 251-4 251.18 Amendments to Approved or Conditionally Approved Tentative Map 251-5 251.20 Waiver of Parcel Map Requirements 251-5 Chapter 252 Vesting Tentative Maps 252.02 Application 252-1 252.04 Filing and Processing 252-1 252.06 Fees 252-2 252.08 Expiration 252-2 252.10 Rights of a Vesting Tentative Map 252-2 252.12 Amendment to Approved Vesting Tentative Map 252-3 252.14 Development Inconsistent with Zoning 252-3 Chapter 253 Final Maps and Parcel Maps 253-02 General 253-1 253.04 Phasing 253-1 253.06 Survey Required 253-1 253.08 Form 253 2 253.10 Contents 253 2 253.12 Preliminary Submittal for City Approval 253-4 253.14 Review by City Engineer 253-5 253.16 Approval by City Engineer 253-6 253.18 Final Map Approval by City Council 253-6 253.20 Limitation on Denial by City Council 253-6 253.22 Filing with the County Recorder 253-6 253.24 Requirements for Correction and Amendment of Maps 253-7 Chapter 254 Dedications and Reservations 254.02 Dedication of Streets,Alleys,and Other Public Rights-of-Way or Easements 254-1 254.04 Waiver of Direct Access Rights 254-1 254.06 Dedications 254-1 254.08 Parkland Dedication 254-2 254.10 School Site Dedication 254-6 254.12 Reservations 254-7 254.14 Local Transit Facilities 254-8 254.16 Bridges and Major Thoroughfares 254-8 254.18 Supplemental Improvement Capacity 254-8 254.20 Drainage Fees 254 8 254.22 Solar Access Easements 254-9 254.24 Other Public Facilities 254-9 Chapter 255 Improvements 255.02 General 255-1 255.04 Improvements Required 255-1 255.06 Deferred Improvement Agreements 255-3 255.08 Design 255-4 255.10 Access 255-5 TOC ix 1=1/93 7 255.12 Improvement Plans 255-5 255.14 Improvement Agreement 255-6 255.16 Improvement Security 255-8 255.18 Construction and Inspection 255 8--1 255.20 Completion of Improvements 255-9 255.22 Acceptance of Improvements 255 9 - Chapter 256 Reversions to Acreage 256.02 General 256-1 256.04 Initiation of Proceedings 256-1 256.06 Contents of Petition 256-1 256.08 Submittal of Petition to the City Engineer 256-2 256.10 City Council Action 2562 256.12 Filing with County Recorder 256-3 Chapter 257 Mergers 257.02 Mergers Required 257-1 257.04 Notice of Intention to Determine Status 257 2 257.06 Hearing on Determination of Status 257-2 257.08 Determination of Merger 257-2 257.10 Appeals 257-3 257.12 Determination When No Hearing Is Requested 257-3 257.14 Request to Merge by Property Owner 257-3 257.16 Request for Determination by Owner - 257-3 257.18 Unmerged Lots 257-4 Chapter 258 Enforcement 258.02 Prohibition 258-1 258.04 Remedies 258-1 258.06 Certificate of Compliance 258-2 258.08 Notice of Violation 258-3 258.10 Appeals of Director's Action 258-4 TOC x 12al/93 Ordinance No. 3254 TITLE 20 general provisions MiNvila Ordinance No. 3254 ; �`". �s�'�� Sections: 201.02 Title 201.04 Components 201.06 Purpose 201.08 Consideration of Discretionary Applications A 201.02 Title Titles 20-25 of the Municipal Code shall be known and cited as the"Zoning and Subdivision Ordinance of the City of Huntington Beach." 201.04 Components The zoning and subdivision ordinance shall have the following components: A. Zoning provisions,establishing various classes of zoning districts and area districts and governing the use of land and the placement of buildings and improvements within districts. B. A map or set of maps,known as the zoning map, delineating the boundaries of zoning districts and area districts within the City of Huntington Beach. C. Subdivision provisions governing the division of land within.the City, supplementing provisions of the California Subdivision Map Act. A copy of the zoning and subdivision ordinance and the zoning map,together with a record of all amendments,shall be kept on file with the City Clerk and shall constitute the original record. A copy shall also be kept on file with the Department of Community Development. s.9$02 201.06 Purpose The purpose of the zoning and subdivision ordinance is to implement the policies of the City of Huntington Beach General Plan,as provided in the California Government Code, Title 7,Division 1,Planning and Zoning,and Division 2, Subdivisions, and in the California Constitution, Chapter 11,Section 7. Chapter 201 201-1 01/24/94 4 J E� 201.08 Consideration of Discretionary Applications In the consideration of any discretionary application pursuant to the provisions of this ordinance, the City of or body charged with review responsibility shall not approve any such application unless it is established that the development will be,appropriately timed and phased such that the development will be supported by adequate public facilities and services,and such that appropriate measures can be taken to mitigate adverse environmental impacts. Adequacy of public facilities and services shall be determined in accordance with the planned long-term buildout of community areas as provided in capital-improvement programs in which facilities are actually available or funded and the General Plan elements in effect at the time of the consideration of the application. 3, Chapter 201 201-2 01/24/94 Ordinance No. 3254 00- McT- Sections: 202.02 Organization 202.04 General Rules for Applicability of the Zoning and Subdivision Ordinance 202.06 Applicability of Land Use Controls and Development Standards 202.08 Rules for Interpretation;Record-keeping 202.10 Responsibilities fro ee-fs Z •!z � cf a� i s 0"44 ."C'- oh Pry✓ f%jecfg aura{ J ;�n Process 202.02 Organization A. S=e of Ordinance. The zoning and subdivision ordinance is divided into six parts: _ Title 20: General Provisions Title 21: Base District Provisions Title 22: Overlay District Provisions Title 23: Provisions Applying in All or Several Districts Title 24: AdministrativeProvisions Title 25: Subdivisions B. T3=s of Zming Rovisions. Three types of zoning provisions control the use and development of property: 1. Land Use Controls specify land uses permitted,conditionally permitted,or prohibited in each zoning district. These include special requirements applicable to specific uses..Land use controls for base zoning districts are in Title 21;land use controls for overlay districts are in Title 22. Certain provisions,applicable in all or several districts,are in Title 23. 2. Denmelg==Stan ds control the height,bulk,location,and appearance of structures. Development standards for base zoning districts are in Title 21;development standards for overlay districts are in Title 22. Certain development standards,applicable in more than one class of base or overlay districts,are in Title 23. These include requirements for site development,parking and loading,signs and nonconforming uses and structures. 3. Administrative Provisions contain procedures for the administration of the zoning ordinance. Administrative provisions are in Title 24. Chapter 202 202- 01125/94 s.gozia 202.04 General Rules for Applicability of the Zoning and Subdivision Ordinance A. Applicability to Prop ty The Zoning and Subdivision Ordinance shall apply to all land within the City of Huntington Beach. s 9o21a B. A Ocability to Streets and leg -o Via_y. Public sheets,utility,and other rights-of-way shall be in the same zoning district as contiguous property. Where contiguous properties are classified in different zoning districts,the centerline of the street or right-of-way shall be the district boundary,unless otherwise depicted on the zoning map. s.9861 C. Who Wi fies_as an Applicant. Only a qualified applicant(including an agent of the applicant with written authorization from the owner)may file an application for approval on a specific site. A qualified applicant is a person who has a freehold interest in the land which is the subject of the application. The Director may require an applicant to submit proof of the interest, The Director may require an agent to submit evidence of authority to act for the applicant. Any person or agency may file for a zoning tent amendment. s.9820, D. Qomp iance mitt drdinances. No land shall be used,and no structure shall be 9937.2. constructed; occupied,enlarged,altered,demolished or moved in any zoning 9945, district except in accord with the provisions of Titles 20-25. Further,no lot area y820 shall be so reduced or diminished that the yards or other open space shall be smaller than prescribed by these Titles nor shall the density be increased m any manner except in conformity with the provisions established herein. E. Public Nuisance. Neither the provisions of Titles 20-25 nor the approval of any permit authorized by these titles shall authorize the maintenance of any public nuisance. F. C=Iiance-vn'ffi Public Notice Requirements. Compliance with public notice requirements prescribed by Titles 20-25 shall be deemed sufficient notice to allow the City to proceed with a public hearing and take action on an application,regardless of actual receipt of mailed.or delivered notice. G. ft,=sts for Notice. Where Titles 20-25 require that notice be given by first class mail to "any person who has filed a written request for such notice,"the request shall be filed with the Director and shall be subject to the applicable fees set to cover mailing costs. s.9874 H. Notice to Surrounding J!mpg y t)wners. Notice shall be mailed to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the property that is the subject of the hearing, as required by state law. Applicants may submit and the Director may use records of the County Assessor or Tax Collector which contain more recent information than the assessment roll. s.gso13 I. Confligt with Other Ordinances. Where conflict occurs between the provisions of Titles 20-25 and any other city code,title,chapter,resolution, guideline,or regulation,the more restrictive provision shall control unless otherwise specified in these titles. CLVter 202 202 2 0125/94 Ordinance No. 3254 M Issuance ofPermits or Entitlements Prohibited No permit or entitlement shall be 5.9 issued by any department of the City in any case where a permit or entitlement is required to he granted and for which an appeal period is provided by this ordinance until the expiration of such appeal period or the final determination of any appeal filed pursuant to this ordinance S.98012 J. Relation to h'rivate�g=neats. It is not intended by applicable provisions of Titles 20-25 to interfere with or abrogate or annul any easements, covenants, or other existing agreements between parties or to repeal any ordinance or other section of the Huntington Beach Municipal Code except as set forth in subsection 202.04(l),above. s.9mie K. naexagons/Pre-zoning. Unincorporated territory adjacent to the City may be prezoned for the purpose of determining the zone district which will apply in the event of annexation to the City. The procedure for prezoning property shall be the same as that for zone changes within the City. Such zoning shall become ar effective at the time the annexation becomes effective. Any property which, after annexation or o oes not have a designation on the zoning map shall be n deemed to be zoned RL,low4ensity residential. L. Application During Local Emergency. The City Council may authorize deviations from any provision of this Chapter during a local emergency. Such deviations may be authorized by resolution of the City Council. n 202.06 Applicability of Land Use Controls and Development Standards Land use controls and development standards applicable to specific sites shall be shown on the zoning map by zoning and area district designations consisting of classes of letter designators: A. A base zoning district designation,indicating the principal land uses permitted or conditionally permitted in each zoning district,shall be a component of all zoning designations. B. A mWistrict desig ati'oz�, indicating a geographic area of the City where specific zoning provisions and development standards apply. C. Overlay-district desi ag g9m shall be included in a zoning designation if the provisions of one or more overlay districts are applicable to a site. 202.08 Rules for Interpretation;Record-keeping n A. 7 ri g ddSSuhd 3djjon Ordjnance. Where uncertainty exists regarding the interpretation of any provision of this ordinance or its application to a specific site,the Director shall be empowered to issue policy statements regarding the applicability of the ordinance to a specific situation. s.9021c B. Z=Lng Man. Where uncertainty exists regarding the boundary of a zoning district,the following rules shall apply: 1. District boundaries shown as approximately following the property line of a hot shall be construed to follow such property line. N. Certificate of Occupancy and Final Building Inspection Withheld No certificate of 5. g8 Toccupancy shall be issued or final building inspection shall be made until terms and onditions attached to a permit or entitlement required by this ordinance are met Chapter 202 202- 01/25/94 2. On unsubdivided land,or where a district boundary divides a lot,the location of the district boundary shall be determined by using the scale appearing on the zoning neap,unless the boundary location is indicated by dimensions printed on the map. 3. District boundaries shown as approximately following right-of-way lines of streets,alleys,railroads,or other identifiable boundary lines shall be construed to follow such right-of way or boundary lines. 4. District boundaries shown as lying within right-of-way lines of streets, alleys,railroads,or other identifiable boundary lines shall be construed to follow the centerline of such right-of-way or boundary lines. 5. Should any uncertainty remain as to the location of a district boundary or other feature shown on the zoning map,the location shall be determined by the Director. C. Rward of Interpretation,. The Director shall keep a record of interpretations (policy statements)made pursuant to this section which shall be available to the public for review. D. Ate. An interpretation of the zoning and subdivision ordinance or zoning map by the Director be appealed to the Planning Commission, as provided in Title 24. ' - 1 202.10 Responsibilities Consistent with Title 2 of the Municipal Code,responsibilities for administration of the Zoning and Subdivision Ordinance shall be as follows: A. C% Council. The City Council shall have final authority for the approval of zoning map and zoning text amendments,General.Plan amendments and final maps: The City Council also shall act as the appeals board for hearing appeals of actions by the Planning Commission and Zoning Administrator,as provided by this ordinance. s.9851 B. Design Review Bow. The Design Review Board shall be responsible for reviewing and recommending action or rendering action on certain types of development plans under the procedures established by Chapter 244. 98-66 C. Director. The Director's responsibilities shall include administering, interpreting and�ocing all requirements and standards of Titles 20 25. The Director or I rgnee may approve administrative permits that meet the requirements o this Code and may approve, conditionally approve,or deny requests for waiver of development stun as prescribed in the individual titles of this code. The Director,at his discretion,may refer matters involving development issues to the Design Review Board,Zoning Administrator or Planning Commission and may consult with the City Attorney on questions of interpretation. Chaptex202 a2-4 01/25/94 Ordinance No. 3254 s.9002 D. Planning Commission The Planning Commission's responsibilities shall include initiating preparation and updating of the General Plan,specific plans, and provisions to implement the planning and zoning power of the City and undertaking other duties as assigned by the City Council. The Commission also shall approve,conditionally approve,or deny applications as prescribed in the individual titles of this code,and recommend approval or conditional approval of zoning map and text amendments,Specific Plans,Neighborhood Conservation Plans, and review criteria for Interim Study Overlay District. The Planning Commission also shall act as the appeals board for hearing appeals of decisions of the Director and actions of the Zoning Administrator and Design Review Board,except where otherwise provided Finally,the Commission shall hear and decide on proposals for revocation of discretionary permits. s.9814 1 E. Zmiag AAministratQr- The Zoning Administrator shall approve,conditionally 9s11 approve or deny applications as prescribed in the individual titles of this code. The Zoning Administrator shall also act on matters referred by the Director. The Zoning Administrator shall hear and decide on proposals for revocation of discretionary permits. 202.12 Effect of this Ordinance on Approved Projects and Projects in Process A. Approved Projects, 1. Conditional use permits, variances, and other discretionary permits, any of which are valid on the effective date of this ordinance shall remain valid until their expiration date. These projects can be built in accord with the development standards in effect at the time of approval,provided that such permit is valid at the time building permits are issued and that such permit is subject to any time limits imposed pursuant to the Uniform Building code, adopted by the City. If no expiration date was established, the conditional use permit, variance or the discretionary permit approval shall lapse two years after the effective date of the ordinance unless: a A building permit has been issued, and construction commenced; or b. The certificate of occupancy has been issuer, or a The use is established 2. No provision of this ordinance shall require any change in the plans, construction or designated use of any structure for which a building permit has been issued prior to the effective date of this ordinance or any subsequent amendment. 3. Any reapplication for any expired building permit must meet the standards in effect at the time of reapplication. over -3 Chapter 202 202- 01/25/94 4. Any modification of a valid building permit issued prior to the effective date of this ordinance that results in a change of use or an increase in square footage may be approved only as a conditional use under the provisions of Chapter 241 by the Planning Commission and in no case may an increase in excess of 2,500 square feet be allowed B. Projects in Process. L Projects for which no discretionary approval or building permit has been granted prior to the effective date this ordinance shall be subject to the land use regulations, development standards, and other requirements of the new Zoning Ordinance. 2. Applications for conditional use permits which were accepted as complete prior to the effective date of this ordinance will be subject to the development standards of the Zoning in effect at the time of submittal. a ordinance No. 3254 - .. ME- Sections: 203.02 Applicability 203.04 Rules for Construction of Language 203.06 Definitions 9080 203.02 Applicability The meaning and construction of words and phrases defined in this chapter shall apply throughout the zoning and subdivision ordinance,except where the context clearly indicates a different meaning or construction. fk-TO-1 203.04 Rules for Construction of Language in addition to the General Provisions Chapter 1.04 of the Municipal Code,the following rules of construction shall apply: A. The particular shall control the general. B. Unless the context clearly indicates the contrary,the following conjunctions shall be interpreted as follows: 1 "And"indicates that all connected words or provisions shall apply. 2 "Or".indicates that the connected words or provisions apply singly. 3. "Either. . . or" indicates that the connected words or provisions shall apply singly but not in combination. 4. "And/or" indicates that the connected words or provisions may apply singly or in any combination. C. In case of conflict between the text and a diagram,the text shall control. D. All references to departments, commissions,boards,or other public agencies are to those of the City of Huntington Beach, unless otherwise indicated. E. All references to public officials are to those of the City of Huntington Beach,and include designated deputies of such officials,unless otherwise indicated. Chapter 203 203-1 04/05/94 F. All references to days are to calendar days unless otherwise indicated.If a deadline falls on a weekend or City holiday, it shall be extended to the next working day. G. Chapter and section headings contained herein shall not be deemed to govern,limit, modify or in any manner affect the scope,meaning or intent of any section hereof. H. The words"activities" and"facilities" include any part thereof. 19080 203.06 Definitions new Ahug-ttfing. Having district boundaries or lot lines or combinations thereof in common. 190.9.2 A=&LgtgMi: Public access along the coast. Access, Vertical: Public access from the nearest public roadway to the shoreline. riWo-1 AlIty. A public or private way having an ultimate width of not less than.20 feet permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. Alter. To make a change in the exterior appearance or the supporting members of a structure, such. as bearing walls, columns,beams,or girders,that will prolong the life of the structure. Amendment. A change in the wording,context or substance of this ordinance,or a change in the district boundaries on the zoning map. Animal.Exotic. Any wild animal not customarily confined or cultivated by man fob domestic or commercial purposes but kept as a pet or for display. Animal_L=. An animal larger than the largest breed of dogs. This term includes horses,cows, and other mammals customarily kept in corrals or stables. Animal, Sma11. An animal no larger than the largest breed of dogs. This term includes fish,birds, and mammals customarily kept in kennels. A rn—,, 1 Approach-Departure Path. The flight track of the helicopter as it approaches or departs from a designated takeoff and landing area, including a heliport,hehpad,or helistop. FFO Architectural Projections or A===m. Features on a building which provide visual variation and/or relief but do not serve as interior or exterior living or working space. Chapter 203 203-2 04/05/94 Ordinance No. 3254 t Antenna Any structure, including but not limited to a monopole, tower,parabolic and/or disk shaped device in single or multiple combinations of either solid or mesh construction, intended for the purposes of receiving or transmitting communications to or from another antenna, device or orbiting satellite, as well as all supporting equipment necessary to install or mount the antenna Antenna,Amateur Radio. An Antenna array and its associated support structure, such as a mast or tower, that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur station licensed by the Federal Communications Commission. NeW Antenna, Communication. All types of receiving and transmitting antenna, except satellite dish antenna, including but not limited to cable television antenna, cellular radiotelephone cell antenna, FM digital communication antenna, microwave telephone communication antenna, amateur radio antenna, and short-wave communication antenna and other similar antenna Antenna Hei hx The distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended Antenna,Satellite Dish. An antenna for the purpose of receiving or transmitting communications to or from an orbiting satellite. Antenna Whin. An antenna and its support structure consisting of a single, slender, rod-like element which is supported only at or near its base INTENUONALLY LEFT BLANK Ordinance No. 3254 4oso Area..Net Lot The total horizontal area within the property lines of a parcel of laud 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. strftt Am to be dedicated 250' .57 .53 grOss acre net acre moo, AL 100- too' LOT AREA 9080 Arl dal. Any street,highway or road designated as an arterial street in the General Plan. Attached Structures. Two or more structures sharing a common wall or roof. Balconv. A platform that projects from the wall of a building,typically above the first level,and is surrounded by a rail balustrade or parapet. wso Basement. A story partly underground and having at least one-half of its height above the average adjoining grade. A basement shall be considered as a story if the vertical distance from the average adjoining grade to the ceiling is over four feet. Roof Second Story First Story If this basement ceiling is Finished Grade Basement more than 4 ft.from average adjoining finished grade,the basement is considered a story. 2q3-BASE BASEMENT Bay Window A window that projects out from an exterior wall. Chapter 203 203-3 04/05/94 f 9080 Bedroom. The term bedroom includes any room used principally for sleeping purposes, an all- purpose room,a study,a den,a room having 100 square feet or more of floor area of less than 50 percent of one wall open to an adjacent room or hallway. W1+11 rnmBloc ace. The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets,or nearest intersecting or intercepting street and railroad right-of- way,unsubdivided land,watercourse,or city boundary. LLt 203-BLX CKFACE 9080 Boarding House. A building with not more than five guest rooms where lodging and meals are provided for not more than 10 persons,but shall not include rest homes or convalescent homes. Guest rooms numbering six or over shall be considered a hotel. 9090 BWJdjug. Any structure having a roof supported by columns or walls for the housing or enclosure of persons,.animals,chattels, or property of any kind. 1 Care_tak 5 quarters. A dwelling unit on the site of a commercial,industrial,public, or semipublic l " J use,occupied by a guard or caretaker. On 9080 Gorr. A permanent roofed accessory structure with not more than two enclosed sides intended for vehicle storage. "SO Qiy, The City of Huntington Beach. Soso Clinic. An establishment where patients,who are not lodged overnight, are admitted for examination and treatment by one or more of a group of physicians,dentists, optometrists, psychologists,or social workers practicing together. i - CQ Zone. A geographic zone adjacent to the shoreline,the boundaries of which are determined i` J by the California Coastal Act of 1976,as amended. A Collection!Q=W=. Containers or buildings with a gross floor area of 500 square feet or less used for the deposit and storage of household articles or recyclables. Soso Commission. The Huntington Beach Planning Commission. solo Community Apartment ftject A project in which an individual interest in land is coupled with the right exclusively to occupy an individual unit, as provided in Section 11004 of the California Business and Professions Code. Chapter 203 20 04/05/94 Ordinance No. 3254 n�, Completely ebuilt. Rebuilding the nonconforming structure or use as it had legally existed immediately prior to its destruction. t' Conditional Use. A use of land that,due to the specific nature and unique characteristics of the use, requires special standards and discretionary review. 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 interior space in a residential,industrial or commercial building on the real property, such as an apartment,office or store. A condominium may include,in addition, a separate interest in other portions of the real property. MI=w Conforming wilding. A building that fully meets the requirements of Title 17(Building "_- Regulations)and also conforms to all property-development regulations and requirements prescribed for the district in which it is located. 9080 Convenience Market. A retail use in conjunction with gasoline sales in which the sales room exceeds 200 square feet. An outdoor,unenclosed area intended to provide light,air,and privacy for individual EJ dwelling units in multi-family projects. Faaa CQ ear=,LM or Site. The percentage of a lot or site covered by roofs,balconies,fireplaces, architectural,projections,or overhangs extending more than 2.5 feet from a wall,decks more than. 42 inches in height above grade,and stairs. Deck. A platform,either free-standing or attached to a building,but without a roof,that is supported by pillars,posts,or walls(see also Balcony). Demolition The deliberate removal or destruction of the frame or foundation of any portion of a building or structure for the purpose of preparing the site for new construction or otherwise. Faso Densi1y13onus. An increase in the proposed number of units of twenty-five(255/.)percent or greater over the number permitted pursuant to the current zoning and general plan designation on the property. or ha,r Fg—oso7_1 Director. The Community Development Department Director or hi designee. Chapter 203 203- 04/05/94 R� ► Energy Facility. Any public or private processing,producing, generating, storing, transmitting, or recovering facility for electricity, natural gas,petroleum, coal, or other sources of energy. 0 DiStributiM Line. An electric power line bringing power from a distribution substation to consumers. 9os0 Di9det A portion of the city within which the use of land and structures and the location,height, and bulk of structures are governed by this ordinance. The zoning ordinance establishes "base zoning districts" for residential, commercial,industrial,public and open space uses,and 'overlay ` districts," which modify base district provisions and standards. •9 Dig. The digging or boring of a new well into the earth for the purpose of exploring for, developing or.producing oil,gas or other hydrocarbons, or for the purpose of infecting water, steam or any other substance into the earth. 9as0 Dwelling.Mul.gnk Unit A building or buildings designed with two(2) or more dwelling units. 9osa Dtiveliing. Single Unit. A detached building designed primarily for use as a single dwelling,no portion of which is rented as a separate unit,except as permitted by this Code. Attached single family dwellings shall be considered as multi-family. q� r 9080 gelling.9 lnit. A filly equipped dwelling unit which is ancillary and subordinate to a principle dwelling unit located on the same lot in the RL zone. Also known as ag!nwy dwelling unit or `granny uni+." 9080 Dwelling,Studio Unit. A dwelling unit consisting of I kitchen, 1 bathroom,and 1 combination living room and sleeping room. The gross floor area shall not exceed 500 square feet, or it shall be considered as a one bedroom unit. Also known as a single,a bachelor,or an efficiency unit. Dwelling Unit. One or more habitable rooms with only one kitchen,and designed for occupancy as a unit by one or more persons living as a household unit with common access to all living, kitchen,and bathroom areas. En_vtmnrnental LnIp pt ROW(1. A report complying with the requirements of the California Environmental Quality Act(CEQA)and its implementing guidelines. EAemalion.Categorical. An exception from the requirements of the California Environmental Quality Act(CEQA)for a class of projects,which have been determined to not have a significant effect on the environment S& Faznily. A single individual or two or more persons living together as a single housekeeping unit in a dwelling unit. Enywronmenta*1 Sensitive (habitat) A wetland or any area in which plant or I l l i anmai le or their habitats are either rare or especially valuable because o .t P 1' .f their special nature or role in an ecosystem and which could be easily disturbed or degraded b human activities and developments. z� Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, social, and technological factors Chapter 203 43 04/05/94 Ordinance No. 3254 E untiona Canaci . Theabilityo_fanenvironmentallysensitive area to be self- ustaining and to maintain natural species diversity. Soso Floor Area rrnec Qz=. The total enclosed area of all floors of a building measured to the outside i of the structural members m exterior walls, and including halls, floor level, service and mechanical equipment rooms,and habitable basement stairways, orvat��are but hafts at e excluding area for vehicle parking and loading. area of that lot. Determined by dividing the gross floor area of all buildings on a lot b• FAR of 0.5 a. f v' ..'.. . •r' :Eou x^x' ~`:..ottt �Cx }r": FAIL of 1.04, r>yo. .: yam. .`�s.• s s..:. fir';: �'�� is .... �� "•: y. FAR 41 I.S ^Ov fh '�' ���`:.2G Ci'".,y*.•Y";:Y!�:`3'eni':: H_ - FLOUR AREA RATIO (FAR) ��„ The linear length of a building which contains a public entrance or a lot measured alon the PmPertY line adjacent to a street or easement. Cxenerai Plan. The City of Huntington Beach General Plan. fTn&0 . The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this ordinance. 0 -Gmde, S . The top of the curb, or the top of the edge of curb exists. the Pavement or traveled way where In Gt.lest HnlIRP., Living quarters within a main or an accessory building for the sole purpose of providing for persons employed on the premises,or for temporary ants 4 the premises. Such quarters shall have no kitchen facilities,and hall b use e limit d to one rooests of the m,no greater than 500 square feet in size with no more than three plumbing fixtures. 3 9084 . A vertical dimension measured from the top of the highest roof to th the subfloor/slab directly underneath, (See Section 230.70.) a tap of Chapter 203 203-7 04/05/94 1 � �" !1 HdiW or Helistom A heliport without awdliary facilities such as waiting zoom,helicopter parking, t= fueling and m aintenance equipment._ �. An area,either at ground level or elevated on a structure,that is used or intended to be used for the takeoff and landing of helicopters, and includes some or all the various facilities useful to helicopter operations,including helicopter parking,waiting room,fueling and maintenance equipment. Soso Home DccWtion. Business activity conducted in a dwelling unit in a residential district that is incidental to the principal residential use of a lot or site. 0 Illumination.Direct. Mumination by means of light that travels directly from its source to the viewer's eye. I11umination.Indirect. illumination by means only of light cast upon an opaque surface from a concealed source. Incentives. Policies,programs or actions taken by the City designed to ensure that a development will be produced at a lower cost. 9osa Sunk Yard. The use of a lot, or contiguous lots,or any portion thereof for the storage of junk, including scrap metal,or other scrap materials, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery. e�,nnel.. Any premises where four or more dogs or cats at least four months of age are kept for any ; F purpose. 9osa Kitchenette or Kitchen. Any room or part of a room which is designed,built, used, or intended to be used for food preparation and dishwashing;but not including a bar,or similar room adjacent to or connected with a kitchen 9080 Landwapina. An area devoted to or developed and maintained with native or exotic plantings, lawn,ground cover,gardens,trees,shrubs,and other plant materials,decorative outdoor landscape elements,pools,fountains,water features,paved or decorated surfaces of rock,stone,brick,block, or similar material (excluding driveways,parking,loading,or storage areas),and sculptural elements. Plants on rooftops,porches or in boxes attached to buildings are not considered landscaping. Landscaping,,Interior. A landscaped area or areas within the shortest circumferential line defming the perimeter or exterior boundary of the parking or loading area,or similar paved area,excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas). Chapter 203 203-5 04/05/94 Ordinance No. 3254 Feew ve 4,,-,- AIM TMl'�iPiYior �..i0.i+ C Q p lr m3asc LANDSCAPING:PERI M ETEPUNTERIOR Landscaping,Perimeter.. A landscaped area adjoining the exterior boundary of a parking or loading area,or similar paved area, excluding driveways or walkways which provide access to the facility. Soso Lod. Any person other than a member of a family renting a room for living or sleeping purposes. 9084 Lot. Any numbered or lettered parcel shown on a recorded final map,record of survey pursuant to an approved division of land,or a parcel map and abuts a street,alley or recorded access easement i STREET Reversed Corner Lot Interior Interior Interior Corner w Lot Lot Lot rbrough Lot w Cn Interior Flag Interior Interior Lot Lot Lot Lot Lot Corner Lot Reversed Corner Lot STREET ws-un LOT TYPES Chapter 203 203-9 04/05/94 Lot~Comer. A site bounded by two or more adjacent street lines that have an angle of intersection of? ' not more than 135 degrees. Soso Lq_t Dal. The horizontal distance from the midpoint of the front-lot line to the midpoint of the rear-lot line,or to the most distant point on any other lot line where there is no rear-lot line. new IAt.Flag A lot with developable area connected to a street by a narrow strip of land that includes a driveway. Lot or ftpffty Line.Rear. A lot line,not a front lot line,That is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line,a line 10 feet in length within the lot,parallel to and at the maximum possible distance from the front lot line,shall be deemed the rear lot line. ir MAM Vogt: Fror.� Lai- - Ltr.e �reefi R.O.W. REAR LOT LINE SosoLo tqIPpZ2atyLj=,Emnt. The street property line adjacent to the front yard. Soso Lot or Propr jy LineLnxteripir. A lot line not abutting a street. C Lot or Property Line, Side. Any lot line that is not a front lot line or a rear lot line. Lot ax Property Line, Street. A lot line abutting a street. Soso Lot,Reverse Corner. A corner lot,the side line of which is substantially a continuation of the front lot line of the lot to its rear. LQL Street-Allev. An interior lot having frontage on a street and an alley. Soso Loh Through. A lot having frontage on two dedicated parallel or approximately parallel streets. Chapter 203 203-10 04/05/94 Ordinance No. 3254 Soso of Width The mean of the horizontal distance between the side lot lines measured at right angle: j to the lot depth at mid-points 20 feet from the front lot line and 20 feet from the rear lot line,or from the rearmost point of the lot depth incases where there is no rear lot line. Front Lot Line Front Lot Lune x x 0 Y Lot Wrarh=(x+y)/2 203-tDM LOT WIDTH solo Lawer Income Household. A household whose annual income is at or below eighty(80%)percent of Orange County median income as defined by the State of California Department of Housing and Community Development. Soso Manufactured Home. A structure transportable in sections which is a minimum of 8 feet in width and 40 feet in length,built on a permanent chassis,and designed to be a dwelling with or without a permanent foundation. Manufactured home includes mobilehome. raw Mezzanine. An intermediate floor within a room containing not more than 33 percent of the floor area of the room. M,m a lne:~mum oxf.A,below 33 persea} af'doer Reor Below 2 MEZZANM Chapter'203 203-11 04/05/94 k Soso MQd9 a IncamP Rousehold. A household whose annual income is at or below one hundred ' twenty(120%)percent of Orange County median income as defined by the State of California Department of Housing and Community Development. Soso Municipal Code. The Municipal Code of the City of Huntington Beach. -� Negative Declaration. A written statement briefly describing the reasons that a proposed project will 1 i not have a significant impact on the environment. Soso Ne,$Site Area. See Area,Net Lot. 9680_1 New Well. A new well bore or well hole established at the ground surface. Redrilling from the well bore or well hole of an existing well greater than 150 feet from the existing well bore shall constitute a new well. Soso Nonconfming Structure. A structure that was lawfully erected but which does not conform with the current development standards. P967 NmonfQrminng Use. A use of a structure or land that was lawfully established and maintained,but which does not conform with the current zoning ordinance. Off-Street Loading.Emidbiks. A site or portion of a site devoted to the loading or unloading of motor vehicles or traders,including loading berths,aisles,access drives,and landscaped areas. . Off-Street Parkini„Facili 'es. A site or portion of a site devoted to the off-strecEparking of motor vehicles,including parking spaces,aisles,access drives,and landscaped areas. l 9680.1 Oil Qggmgm The use or maintenance of any installation,facility,or stricture used,either directly or indirectly,to carry out or facilitate one or more of the following functions: drilling,rework, of oil repair, or hydr production, processing, e bgsur£ace of the earth. xtraction,assisted recovery,stimulation storage or shipping - 9680.1 it gperation site. The physical location where an oil.operation is conducted. Own SP e. Common. A usable open space within a residential development reserved for the exclusive use of residents of the development and their guests. Chapter 203 203-12 04/05/94 Ordinancc-h o. 3254 Oversize Vehicles Any vehicle which exceeds twenty-five(25)feet in length, seven (Ego (7) in width, seven (7)feet in height, or weight of 10,000 pounds, motorized or I nonmotorized Oversize vehicle also includes any equipment or machinery regardless of size. Qpgr3_b=%Private A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. Space.Total. The sum of private and common open space. is Qpen Sp—ace.Usable. Outdoor or unenclosed area on the ground,or on a balcony,deck,porch or terrace designed and accessible for outdoor living,recreation,pedestrian access or landscaping. Usable open space does not include parking facilities,driveways,utility or service areas,any required front or street side yard,any space with a dimension of less than 6 feet in any direction or an area of less than 60 square feet. min min min 6& 10 fL 10& Patio Terrace Balcony Front Yard Private Open Space Private Open Space Common Open Space USABLE OPEN SPACE soao Parking,Lt—mcum A structure used for parking or vehicles where parking spaces,turning radius, and drive aisles are incorporated within the structure. E=. A paved court open to the sky. P=miUqd Use. A use of land that does not require approval of a conditional use permit or temporary use permit. Planned Unit 12gy—elg=ent(EM. A large scale development of a parcel or of a combination Of related parcels to be developed by a single owner or group of owners acting jointly,involving a related group of uses,planned as an entity and having a predominant developmental feature which serves to unify or organize development. EQI& An open or covered platform,usually having a separate roof,at an entrance to a dwelling,or an open or enclosed gallery or room,which is not heated or cooled,that is attached to the outside of a building. Eoject. Any proposal for new or changed use,or for new construction,alteration, or enlargement of any structure,that is subject to the provisions of this ordinance. ChVter2O3 04/05/94 Q i�ng Senior Resident, A person who is 62 years of age or older. (Section 51.2 of the California .. Civil Code.) r-# &er W;I. The upgrade of the interior or exterior faces of a building or structure without altering to any degree the structural integrity. n Boom.Ffabitable. A room meeting the requirements of the Uniform Building Code for sleeping, living, cooking,or dining purposes,excluding such enclosed places as closets,pantries,bath or toilet rooms,service rooms, connecting corridors,laundries,attics,foyers, storage spaces,utility rooms, arages,and similar spaces. Senior Hg inn. Housing for a family in which at least one person per unit is 60 years old or older, or for a single person who is 60 years old or older. Setback Line. A line across the front,side,rear of any private or public property which delineates an area adjoining a property line in which erection of a building,fence, or other structure is prohibited except as otherwise provided in the zoning ordinance. n : Single Ownership. Holding record title,possession under a contract to purchase, or possession under a lease, by a person,firm,:corporation, or partnership,individually,jointly, in common,or in any other Manner where the property is or will be under unitary or unified control. Soso ice. A lot, or group of contiguous lots not divided by an alley,street,other right-of-way,or city r limit, that is proposed for development in accord with the provisions of this ordinance, and is in a angle ownership or has multiple owners,all of whom join in an application for development. 5►pgpific Plan. A plan for a defined geographic area that is consistent with the General Plan and with +be provisions of the California Government Code,Section 65450 et seq.(Specific Plans). 9os0 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 'ght of exclusive occupancy in a portion of such real property and where the right of occupancy is my transferable by the transfer of shares of stock in the corporation. Soso . That portion of a building included between the surface of any floor and the surface of the floor or finished undersurface of the roof directly above it. 9080 tie. Anything constructed or erected that requires a location on the ground,excluding 9084 swimming pools,patios,walks,access drives,or similar paved areas. Takeoff and Landing Area. That area of the helicopter facility where the helicopter actually lands and takes off. q7;o871 ,id 4al lrjFW Lvf. A v��' parcel -k ore2 yr mote isfi`n s rigle 'restde��+�1 dtev4cp-14,0 ruhic r5 add �l� al�:e.tllrx� wni�s c.,�c,lattiysg Pcwcels ei.}1„ch d.Ir¢,. 5epara+eA by sFree.-l5. i Significant Disruption. Having a substantial adverse effect upon the functional capacity. Chapter 203 203-1 04/05/94 Ordinance No. 3254 sable Satellite Sinal� Satellite signals from all major communication satellites that,when r viewed on a conventional television set, are at least equal in picture quality to those received from local commercial television stations or by way of cable televisions. 1 �1 Tmsmission sine. An electric power line bringing power to a receiving or distribution substation. L�".J Usable. a�e�li-fie S� pals. n c . A use that is appropriate,subordinate,and customarily incidental to the main use of the site and which is located on the same site as the main use. n VWue. The monetary worth of a structure determined by the valuation figures used by the Director lJ for the purpose of calculating building permit fees. 9080 yerX, ow rtcotne household. A household whose annual income is at or below fifty(50%) percent of Orange County median income as defined by the State of California Department of Housing and Community Development. T--star. A fixed installation within a dwelling unit providing cold and/or hot water to a single sink without a garbage disposal at a location other than a kitchen or laundry. A wetbar area shall not include a stove,range,or similar appliance usually found in a kitchen,and if such,wetbar is located in a room or a portion of a room with a stove,hot plate,range,oven or other type of kitchen facility,it shall be deemed a separate kitchen. Win& ,Eequired An exterior opening in a habitable room meeting the area requirements of the Uniform Building Code. Soso Yard. An open space on the same site as a structure,unoccupied and unobstructed by structures from the ground upward except as otherwise provided in this ordinance,including a front yard, side yard,or rear yard Soso Yard,Front. An area between the front lot.line and the front setback line extending across the full width of a site. The front yard of a comer lot shall adjoin the shortest street property line along its entire length. Where one street property line is at least 75 percent of the length of the other street property line,the Director shall determine the location of the front yard. 9080 Yard.Rear. An area between the rear lot line and the rear setback line extending across the full width of a site. On a coiner lot the rear yard shall extend only to the side yard abutting the street. 9osa Yard. Side. An area between the rear setback line and the front setback line and between the side property line and side setback line- The side yard on the street side of a comer lot shall,extend to the rear lot line. Zonin&Ordinano The Zoning Ordinance of the City of Huntington Beach. g�fLa. Wetland Lands within the coastal zone which maybe covered periodically or ' permanently with shallow water and include salt water marshes, swamps, mudflats, � and fens. --1 Chapter 203 203-1 04/05/94 �• .r:-.� � � � _-LOT_LlNE� YApD I YAAZ p Ifl Y�>zr3 CgOU—N 6 M LOT Ex6+M PLa7S ?'.T/or 1 ='A 1 +'`� �1t, rsiD)eLL'JL ` �� .C .111.L,•9 ri='YC,c t�.�7 , Ys►it195 ! Faf:Pwt'T r ' �{a a t7 ' YAev � ' FKo►y'T Y.+.C.p . LOT EXAMPLES YA2D*' Pip I a Lo / _> eo Kj-r YArza_ _ �\ .L YA7-P QC�P - SHAPF-P LOT F-XAM PLES W-EQLJI REC) YAP-aS /� P�UILD;AIG �ZpNIt.IG)�NV�I�OPE Lob Ordinance No. 3254 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 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 incompatible with those typical of uses named within the classification. The Director's decision may be appealed to the Planning Commission. new 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. new 204.06 Residential Use Classifications -, A. Day Care_LimitedWor Small- amilva. Nora-medical care and supervision of six or fewer persons on a less than 24 hour basis. This classification includes nursery schools,preschools;and day-care centers for children and adults. B. CTIM 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. C. MuMamily Residential. Two or more dwelling units on a site. This classification includes manufactured homes. Chapter 204 204-1 02/07/94 'x D. Residential Alcohol Recoverv,L!ffijted. 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. 9634.1 E. Residential Cm.Limikd 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 California- F. Single-Family Residential. Buildings containing one dwelling unit located on a single lot. This classification includes manufactured homes. 204.08 Public and Semipublic Use Classifications sszu A. e e . 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. B. Clubs and Lodges. Meeting,recreational,or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification.includes a j union halls, social clubs and youth centers. C. Cg=mity and Human Sm io FaciHfm. 1. Drug 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. 2. Primary 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. 3. E.Emergency Ki#chens. Establishments offering food for the"homeless" and others in need. 4. Emergency 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. 5. Rgsidwt al Alcohol Recovery. 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. Chapter 204 204-2 02/07/94 Ordinance No. 3254 1 6. Residential Cm, 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. D. Convalgscwg 'lid rigs. Establishments providing care on a 24-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. E. Cuhural Instituti . 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. 99z F. Day Care.Large-Family.. Provision of non-medical care for 7 to 12 children on a less than 24 hour basis. s 34 G. Provision ofnon-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. H. Emergency H M Care. Facilities providing emergency medical service with no Provision for continuing care on an inpatient basis. 1. Governme t Offices. Administrative,clerical,or public contact offices of a ' government agency, including postal facilities,together with incidental storage and maintenance of vehicles. I HeftQ11s. Pads and facilities enabling takeoffs and landings by helicopter. K. H. owitals. 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. L. Maintenance and SenneeYwilities. 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. M. Marinas. A boat basin with docks,mooring facilities,supplies and equipment for small boats. N. I!ark and Recreation Facilities. Noncommercial parks,playgrounds,recreation facilities,and open spaces. O. Public Safety Facilities. Facilities for public safety and emergency services, including police and fire protection. P. Religious A=m&. Facilities for religious worship and incidental religious education,but not including private schools as defined in this section. Chapter 204 204-3 02/07/94 { 7 - Q. Schools.Public or Edvate. Educational institutions having a curriculum comparable to that required in the public schools of the State of California- R. Utilities_Major. 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. 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. 204.10 Commercial Use Classifications 975i A. Adult Businesses. Establishments based primarily on materials or performances that depict,describe,or relate to "specified sexual activities,"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. B. Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles as regulated by Chapter 5.20. C. Animal Sales and Sem ices. 1. .minimal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising,grooming,and incidental medical care,and kennels. 2. C=omin Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding for a maximum period of 48 hours. 3. Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed,soundproofed,and air-.conditioned. Grooming and temporary (maximum 30 days)boarding of animals are included,if incidental to the hospital.use. 4. Animals: Re ail Sales. Retail sales and boarding of small animals,provided such activities take plane within an entirely enclosed building. This classification includes grooming,if incidental to the retail use,and boarding of animals not offered for sale for a maximum period of 48 hours. 5. Eguestrian Centers. Establishments offering facilities for instruction in horseback riding,including rings, stables,and exercise areas. 96= 6. Pet QMCLM. Land used or intended to be used for the burial of animals, ashes or remains of dead animals,including placement or erection of markers,headstones or monuments over such places of burial. ChVter 204 204-4 02107/94 Ordinance No. 3254 i D. Ailists'_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. E. Danks and-Savingsand Qom,. 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. 1. With Drive-w Swim Institutions providing services accessible to persons who remain in their automobiles. F. Buildine Materials and Sew:=. 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 Vehicl Lupwgnt Sales and Services. G. Catering�Services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. (See also Eating and Drinking_E9ablishments.} H. Commercial Filming. Commercial motion picture or video-photography at the same location more than sax days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) I. 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, tennishacquetball courts,health/fitness clubs,pinball arcades or electronic games centers 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. . 1. Limited. Indoor movie theaters,game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet. J. 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;and telegraph offices; and cellular telephone facilities. Chapter 204 204-5 02/07/94 K. Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises. 1. With ~ast Food or Take-Out Smdce. Establishments where patrons order and pay for their food at a counter or window before it is consumed and may either pick up or be served such food at a table or take it off-site for consumption. a. Drive-through. Service from a building to persons in vehicles through an outdoor service window. b. Limited. Establishments that do not serve persons in vehicles or at a table. 2. With Live EntertainmentLDancing.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. L. Food and Beverage Sales..Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries,liquor stores,or delicatessens. Establishments at which 20 percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Ser d=or Eating armed Drinking Establishments. 1. With Alto olic Beve=e.Sales. Establishments where more than 10 percent of the floor area is devoted to sales,display and storage of alcoholic beverages. M. Eood Processing. Establishments primarily engaged in the manufacturing or processing.of food or beverages for human consumption and wholesale distribution. N. 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. O. Horticulture. The raising of fruits,vegetables,flowers,trees,and shrubs as a commercial enterprise. P. ubmtories. Establishments providing medical or dental laboratory services;or establishments with less than 2,000 square feet providing photographic, analytical,or testing services. Other laboratories are classified as Limited industry_. Q. Maintena=and Repair Services. Establishments providing appliance repair,office machine repair,or building maintenance services. This classification excludes maintenance and repair of vehicles or boats; see(Vehicle/Equipment Repair). R.. Marine Mes and Service. 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. Chapter 204 204-6 02/07/94 Ordinance No. 3254 S. Ninedo. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure,and fertilizer of any type is stored and sold in package form only. T. O ces_Business and Pmfessignal. 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. U. Pawn Sbm. 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. 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,and fitness studios. 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 bulls cleaning plants),photo- copying,and self-service laundries. X. Res=-qh and Develomnent Servim. Establishments primarily engaged in industrial or scientific research,including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories,but excludes manufacturing,except of prototypes,or medical testing and analysis. Y. Re it 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). Z. Secondhand AMIiances and Cloth g 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. Ailt Swan Meets'Recurring. Retail sale or exchange of handcrafted or secondhand P merchandise for a maximum period of 32 consecutive hours,conducted by a sponsor on a more than twice yearly basis. GL BB. Travel Services. Establishments providing travel information and reservations to n o individuals and businesses. This classification excludes car rental agencies. ge, in. 4n o�caSF a/� Pea roc�C o r rVallzr1Y 3 c.G�edczlecl rnarkei held calif n a l�i �(I�J where: 5rocu ps of end vid{t¢L Ut z Chapter o 04-7e4G�t huS+M of 02/o7/9�E I�ew Ta-4O �5b1i51 +. Pr �srs nra� re u lade d: �y Ghap lax 8.70. mn,r�^�,or c01oYi+?� -}y,t �,r► w+�'h Ge: Vehicle u, =mI Sales and Services_. C-F 1. uto oboe Rentals. Rental of automobiles, including storage and incidental maintenance,but excluding maintenance requiring pneumatic lifts. 2. AmtmwWle Washing. Washing,waxing,or cleaning of automobiles or similar light vehicles. 3. Commercial Parking Facility. Lots offering short-term or long-term parking to the public for a fee. 4. Service Stations. Establishments engaged in the retail sale of gas,diesel fuel, lubricants,parts,and accessories. This classification includes incidental maintenance and minor repair of motor vehicles,but excluding body and fender work or major repair of automobiles,motorcycles,light and heavy trucks or other vehicles. 5. V clgjEQui=ent Rr. Repair of automobiles,tracks,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 braise shops,and tine sales and installation,but excludes vehicle dismantling or salvage and tire retreading or recapping. ` a. Limited. Light repair and sale of goods and services for vehicles, including brakes,muffler,tire shops,oil and lobe, and accessory uses, but excluding body and fender shops,upholstery,painting,and rebuilding or reconditioning of vehicles. 6. Vxhicle.Quipment Sales wd____Ratals. Sale or rental of automobiles, motorcycles,trucks,tractors,construction or agricultural equipment, manufactured homes,boats,and similar equipment, including storage and incidental maintenance. 7. Vehi a Sim g. 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. new -Bf3' .s. 60 bp�cE� 1. Bed and BmWdag Inns. Establishments offering lodging on a less than weekly basis in a converted single-family or multi-family dwelling or a building of residential design,with incidental eating and drinking service for lodgers only provided from a single kitchen. 2. HgWIs, MZda. and Time-Share Facilities. 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. Chapter 204 aoa-$ 02r07/94 `� Saes Dufiie--Cs. I3u5ineSk5es Wh�c.�-, storms Large VdarePvu5e r19S `bul )Cyr iQs c p00�5 tYD 4, . bu i" are. EnVe✓�r �0 9ducl a� +he s 9dptls a�� f P rbl/� -for sale. t j - 3. Residential Hotels. Buildings with 6 or more guest rooms without kitchen facilities in individual roosts,or kitchen facilities for the exclusive use of guests,and which are intended for occupancy on a weekly or monthly basis. 4. S�inglt Room Qmwangy- 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. 204.12. Industrial Use Classifications A. Induce. Custom. Establishments primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment. 1. Small- Includes mechanical equipment not exceeding 2 horsepower or a single On 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. B. Industry,General. Manufacturing of products,primarily from extracted or raw materials,or bulk storage and handling of such products and materials. Uses.in this classificadon.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. C. lndm=�.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 irnent_Services.but does allow food processing for human consumption. D. Tn y= Research and D ve op��t 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. 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,unhwed and ultraviolet equipment;radio and television equipment. Chapter 204 E 02/07/94 l 1 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,environmental test, including vibration analysis,cryogenics,and relaxed functions,plating and processing shops, nuclear and radioisotope. 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. E. Mawlesalirm.Distribution md Sim=. 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. 204.14 Accessory Use Classifications Ate'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. 204.16 Temporary Use Classifications A. Animal Sows. Exhibitions of domestic or large animals for a maximum of seven days. B. 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. C. Commercial Filming.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) D. Personal Prosy Sales, Sales of personal property by a resident("garage sales")for a period not to exceed 48^hours and no more than once every six months. Conyccufiv-e E. Rgeal Estate Sales. An office for the marketing,sales,or rental of residential, commercial,or industrial development. This classification includes "model homes." F. Retail Sales. fautdoor. Retail sales of new merchandise on the site of a legally established retail business for a period not to exceed 48 hours no more than once every 3 months. " GpVn-Sec"7h V2 Chapter 204 204-1 02/07/94 Ordinance No. 3254 G. Seasonal Sales. Retail sales of seasonal products,including Christmas trees, Halloween pumpkins and strawberries. H. street Fairs. Provision of games,eating and drinking facilities,live entertainment,or' similar activities not requiring the use of roofed structures. I. 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. a 1 i Chapter 204 204-11 02/07/94 i INTENTTIONALLY LEFT BLANK Ordinance No. 3254 TITLE 21 base districts INTENTIONALLY LEFT BLANK Ordinance No. 3254 Secdons' 210.02 Residential Districts Established 210.04 RL,RM,RMH,RH,and RMP Districts: Land Use Controls 210.06 RL,RM,RMH,RH,and RMP Districts: Property Development Standards 210.08 Supplemental Development Standards for Senior Projects .210.10 Modifications for Affordable Housing 210.12 Planned Unit Development Supplemental Standards and Provisions 210.14 RMP District Supplemental Development Standards 210.16 Review of Plans 210.02 Residential Districts Established Five(5)residential zoning districts are established by this chapter as follows: Flo A. The RL Low Density Residential DiMict provides opportunities for single-family residential land use in neighborhoods,subject to appropriate standards. Cluster development is allowed. Maximum density is seven(7)units per acre. 9120 B. The RM Medium Densi. Rcsidential District provides opportunities for housing of a more intense nature than single-family detached dwelling units,including duplexes,triplexes,town houses,apartments,multidwelling structures,or cluster housing with landscaped open space for residents'use. Single-family homes,such as patio homes,may also be suitable. Maximum density is fifteen (15)units per acre. 9130 C- The RMH Medium High Den i -Residcntx District provides 9120. opportunities for a more intensive form of development than is permitted under the medium density designation while setting an upper limit on density that is lower than the most intense and concentrated development permitted in the City. One subdistrict has been identified with unique characteristics where separate development standards shall apply: RMH-A Small Lot. Maximum density is twenty-five(25)units per acre. 9120 1 D. The M Hig D nsIV Residential District provides opportunities for the most intensive form of residential development allowed in the City,including apartments in garden type complexes and high rise where scenic and view potential exists,subject to appropriate standards and loca£tonal requirements. Maximum density is thirty-five (35)units per acre. 9140 E. The RtE&-tdential Manufactured Home Park District provides sites for mobile home or manufactured home parks, including parks with rental spaces and parks where spaces are individually owned. Maximum density is density is nine (9)spaces per acre. Chapter 210 210- 03/04/94 9150.1 210.04 RL,RM,RMK RH,and RMP Districts: � 9141 Land Use Controls 9130.1 9 120.1 In the following schedules,letter designations are used as follows: 9110.1 "P" designates use classifications permitted in residential districts. "L" designates use classifications subject to certain limitations prescribed by the"Additional Provisions"that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission: "ZA' designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator,. "TU" designates uses classifications allowed upon approval of a temporary use permit. "P/U" for an accessory use meads 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. Use classifications that are not listed are prohibited Letters in parentheses in the"Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading,referenced provisions shalt apply to all use classifications under the heading. Chapter 210 210-2 03/04/94 Ordinance No. 3254 RL,RM,RMH,RH, P- Permitted and RMP DISTRICTS: L - Limited(see Additioml Use) LAND USE CONTROLS PC - Conditional use permit approved by Planning Commission ZA -Conditional use permit approved by Zoning Administrator TU -Temporary Use Permit P/U-Requires conditional use permit on site of conditional use - Not Permitted RL RM RMH RMP Additional RH Provisions Residential Uses (A)(t4) Day Care,Ltd. P P P P Group Residential _ - Fc— Multifamily Residential 2 or 4 unit§ - P P P (B)(C)R 5-9 units ZA ZA ZA - (B)(DW 10 or more units PC PC PC Manufactured Home Parks ZA ZA - ZA (E)(F)(* Residential,.Alcohol Recovery,Ltd. P P P P Residential Care,Limited P P P P Single-Family Residential P P P P (B)(D)(F)M"(Q) 3 Public and Semipublic (A)(P) Clubs&Lodges - - L-1 ZA Day Care,Large-family - 7,A ZA ZA Day Care,General - ZA ZA ZA Parr&Recreation Facilities L-1 L-1 L-1 L-1 Public Safety Facilities PC PC PC PC Religious Assembly L-2 PC PC . PC Residential Care, General - - PC PC Schools,Public or Private PC PC PC PC Utilities,Major PC PC PC PC Utilities,Minor P P P P Commercial Visitor Accommodations Bed and Breakfast Inns - - U - Accessory Uses P/U P/U P/U P/U (A)(G)(H)(I)(L) Temporary Uses (� Commercial Filming, Limited P P P P Real Estate Sales TU TU TU P (0) Personal Property Sales P P P P Street Faits TU TU TU TU Nonconforming Uses (K)(L) Chapter 210 210- 03/04/94 RL,RM,RM%RH,and RMP Districts: Additional Provisions L-1 Public facilities permitted,but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities,including swim.clubs and tennis clubs. L 2 A conditional use permit from the Planning Commission is required,and only schools operating in conjunction with religious services are permitted as an accessory use. A General Day-Care facility may be allowed as a secondary use,subject to a conditional use permit,if the Planning Commission finds that it would be compactible with adjacent areas and not cause significant traffic impacts. See Section 230.06: Religious Assembly Yard Requirements. L-3 A conditional use permit from the Planning Commission is required and only allowed on lots 10,000 sq. &or greater in RMH-A district. See also Section 230.42:Bed and Breakfast Inns. (A) Any addition or modification subsequent to the original construction that would result in an increase in the amount of building area,or a significant exterior structural or architectural alteration,shall require an amendment to the conditional use permit previously obtained. (B) A conditional use permit from the Planning Commission is required for residential uses requesting reduction in standards for senior citizens(See Section 210.08),for affordable housing (See Sections 2 10.10 and 230.14),or for density bonus(See Section 19M.34 (C) A conditional use permit from the Zoning Administrator is required for any multiple family residential development that abuts an arterial highway,includes a dwelling unit more than 150 feet from a public street,or includes buildings exceeding 25 feet in height. '(D) See Section 210.12: Planned Unit Development Supplemental Standards. In addition,a conditional use permit is required for condominium conversion pursuant to Chapter 235. (E) See Section 210.14: RMP District Supplemental Standards. (F) See Section 230.16: Manufactured Homes. (G) See Section 230.12: Home Occupation in R Districts. (H) See Section 230.08: Accessory Structures. (1) See Section 230.10: Accessory Dwelling Units (J) See Section 241.20: Temporary Use Permits. (K) See Chapter 236:Nonconforming Uses and Structures. (L) See Chapter 233: Signs (M) All habitable rooms in a single-family dwelling must be accessible from within the dwelling. Chapter 210 210-4 03/04/94 Ordinance No. 3254 RL,RM,RMH,RH,and RMP Districts: Additional Provisions (wIfialed) �N Tur1S•�ra��P.rS ve-h�r�Ps of -i-em Drat s u��-u�r�s.sha[� no-1 bZ U,- dwel1,n 9na•Ia � � Y + sec( �ur�oses (0) See Section 230.18: Subdivision Sales Offices and Model Homes (P Limited to facilities on sites of fewer than 2 acres. �Q See Se�F;o n 2'�0.2Z: 1�2s i d�,rt{;ca {Y�i 1� �-�- 'Oeyel o p i'►'�evtts gin 210.06 RL,RM,RMH,RH,and RMP Districts: Property Development Standards 9150.4- 9 9142.4 The following schedule prescribes development standards for residential zoning districts and 914 9147 subdistdcts designated on the zonmi g map. The columns establish basic requirements for 91302- permitted and conditional uses;letters in parentheses in the"Additional Provisions" column refer 12 to "Additional Development Standards" following the schedule. 91202- 18 91102- In calculating the number of units permitted on the site,density is calculated on the basis of net 9110.9- site area. Fractional numbers shall be rounded down to the nearest whole number except that one 11 dwelling unit may be allowed on a legally created lot complying with minimum lot area. All required setbacks shall be measured from ultimate right-of-way and in accordance with the definitions set forth in Chapter 203,Definitions. r' Any new parcel created pursuant to Chapter 25,Subdivisions,shall comply with the minimum _ 1 building site requirements of the district in which the parcel is located unless approved as a part of a Planned Unit Development. Chapter 2I0 10-5 03/04/94 Property Development Standards for Residential Districts RL RM RMH-A RMH RH RMP Additional Provisions Minimum Building Site Requirements Area(sq. ft.) 6,000 6,000 2,500 6,000 6,000 10 ac. '(A)(B)(C) Width(ft.) 60 60 25 60 60 - Cul de sac frontage 45 45 - 45 45 - Minimum Setbacks Front(ft.) 15 15 12 . 10 10 - ()C�(L)(K)(T) Side(ft.) 3;5 3;5 3 3;5 3;5 - Street Side(ft.) 6;10 6;10 5 6;10 6;10 - (F) (H)(i](V) Rear(ft.) 10 10 7.5 10 10 - (H)(1)(V) MGarage mum Height (ft.) Dwellings 35 35 35 35 35 20 (L) Accessory Structures 15 15 15 15 15 15 P(T) Maximum Floor Area Ratio(FAR) - 1.0 - - - Minimum Lot Area per Dwelling Unit (sq.ft.) 6,222 2,904 4;9@e 1,742 1,244 - (K) Maximum Lot Coverage(%) 50 50 50 50 50 75 Minimum Floor Area (M) Courts (N) Minimum Usable Open Space (0) Balconies and Bay Windows (P) Upper-Story Setbacks (Q) Landscaping See Chapter 232 Lighting (S) Fences and Walls See Section 230.88 Waterfront Lots (T) Off-Street Parking and Loading See Chapter 231 Underground Utilities See Chapter 17.64 Refuse Storage Areas See Section 230.78 Antenna and Microwave Equipment See Section 230.80 Screening of Meebanical Equipment See Section 230.76 Signs See Chapter 233 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 .#. Z5�e-G�' er �- Lo�S So c e oY k-1,5 1, vJ;d4-h = t'v' ! 1906 uaxe, fce—i' pe-4, ) '� 9 Chapter 210 2i0- 03/04/94 .................. .. . .. ............ . ....... . . . RL,RNI,MR,RH,and RW Districts: Additional Development Standards (A) See Section 230.62:Building Site Required and Section 230.64:Development on Substandard Lots. (B) See Section 230.66: Development on Lots Divided by District Boundaries. (C) The minimum lot area shall be 12,000 square feet for General Day Care, General Residential Care, and Public or Private Schools. (D) See Section 230.68:Building Projections into Yards. (E) l ldi gp�ration. The m'nin um spacing between buildings including manufactured home units shall be 10 feet. (F) Variable Front Setback-MultifamilyQjects. Projects with more than 4 units in the RM District, 8 units in the RMH Districts,and 14 units in the RH District shall have a minimum setback of 15 feet. Variable front setbacks are encouraged,and 50 percent of the garages shall be setback 20 feet from the front property line. (G) In Cdor Side Setback: In the RL,RM,RMIL and RH districts,ten percent of lot width but not less than 3 feet and need not exceed 5 feet. (1) "oining_an RI,District. The side yard shall beat least 10 feet for units in single- story or two-story buildings and 14 feet for units above two stories. The Zoning Administrator or the Planning Commission,as the case may be,may approve upper- story setbacks in lieu of an increased yard if the second and third stories are setback the required distance. (II) B10ding Height and Requ fired Yards. The width of a required interior side or rear yard adjoining a building wall exceeding 25 feet in height,excluding any portion of a roof,shall be increased three feet over the basic requirement. (1) ce . If the lot width is less than 45 feet,no increase in the side yard is required_ (1) Allev Setback. The width of a required interior side or rear yard adjoining an alley maybe reduced to 3 feet for garages provided garages with alley access maintain the required turning radius. Q) Street Side yard. In the RL,RM,RMH,and RH districts,the street side yard shall be 20 percent of lot width,minimum 6 feet and need not exceed 10 feet. For 10 or more units,the street side setback shall be the same as the front setback. On lots 27 feet wide or less,the street setback may be reduced to 3 feet for a garage with alley vehicular access. Chapter 210 210-7 03/04/94 i RL,RM,RMH,RH,and RMP Districts: Additional Development Standards (continued) (K) See Section 210.14: RAT Supplemental Development Standards. ` (L) See Section 230.70: Measurement of Height,and Section 23.0.72: Exceptions to Height Limits. (1) Single Family Dwellings: (a) Second story plate height shall not exceed twenty-five(25)feet above topof subfloor/slab measured directly below. (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty(30) feet. (c) Maximum building height for Main Dwellings shall be thirty-five(35)feet. (d) Habitable area,including rooftop decks and balconies;above the second story top plate line shall require approval of a Conditional Use Permit by the Zoning Administrator with the following limitations: (1) The building height shall not exceed the maximum height limits. (2) Habitable area above the second story plate line shall be within the confines of the roof volume,with the following exceptions: (i) Dormers,decks and other architectural features may be permitted as vertical projections above the roof volume provided the projections are setback five(5)feet from the building exterior and do not exceed the height limits.as stated above. (h) Windows and deck areas above the second story plate line shall open onto public rights-of-way only- (3) Exterior stairways between the ground floorand a habitable area above the second story plate line shall be prohibited. (4) Access to habitable area above the second story top plate line shall be from within the Main Dwelling and shall be consistent with internal circulation. (e) To determine compliance with this subsection two vertical cross-sections through the property(front-to back and side-to-side)that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted. Chapter 210 210-8 03/04/94 ordinance No. 3254 RL,RM,RMII,RH,and RW Districts: Additional Development Standards (emnaaea) (2) Accessory Structures. See Section 230.08: Accessory structures on projecting decks abutting a waterway shall comply with the height established in subsection M. (3) RecreationMldi=; The maximum height of a recreation building for multifamily,planned residential,and mobilehome park projects shall be established by the conditional use permit Minimum Floor Area. Each dwelling unit in a multi-family building and attached single family dwellings shall have the following minimum floor area. Unit Tempe Minimm Area(S *a a Feet,) Studio 500 one bedroom 650 two bedrooms 900 three bedrooms 1100 four bedrooms 1300 All detached single family dwellings shall have a minimum 1,000 square feet of floor area not including the garage and shall be a minimum of 17 feet in width. a 9tso•�u (N) ,Courts Wi osite ndows in the RM.RMH. and RH Districts. Courts shall be provided in all multifamily projects m the RM,RMH,and RH Districts (excluding the RMH-A subdistrict). (1) Courts Cinnosite Wally on the Same Site: The minimum depth shall be one-half the height of the opposite wall but not less than 20 feet opposite a living room and 14 feet opposite a required window for any other habitable room. (2) Q=s Opposite Interior PrQpff!X Line: The minimum depth of a court for a required window of a habitable room shall be 10 feet measured from the property line. (3) Court Dimension: Court shall be 20 feet wide-- 10 feet on either side of the centerline of the required window and shall be open to the sky,provided that eaves may project 2 feet into a court. Chapter 210 210-9 03/04/94 RL,RK RMH,RH,and RW Districts: Additional Development Standards (embaoed) Section A Section B Section C Living room i window Otber room window. 12 Heigbt of c c Opposite wall 0 v^ Not lass than 10 ft. j t Living room Other room window window Living room window Living = Living Living Room Room Room Window Window Window b/2 20 ft. Section A Section B Other Otbcr Room Room Window Window 14 ft. Section C COURTS OPPOSITE WINDOWS 2w•CRT Chapter 210 210-10 03/04/94 Ordinance No. 3254 RL,RM,RMH,RH,and RMP Districts: Additional Development Standards (eontinnep 9i3o.I3 (0) Q= Sti_�ace Requirement. The minimum usable open space(private and common)for multi-family residential projects in RK RMK and RH Districts shall be 25 percent of the residential floor area per unit. The minimum usable open space in the Pd1 T district shall be 200 square feet per space,and shall be common. A portion or all of the usable open space shall be private; otherwise it shall be common. (1) Private Q=%me-.Private open space shall be in courts or balconies within which a horizontal rectangle has no dimension less than 10 feet for courts and 6 feet for balconies. A minimum patio area of 70 square feet shall be provided within the court. The following minimum area shall be provided: iV,Iivumum Area(Sq.Ft:) Units Above Unit Type Ground Floor Units Ground Floor Studio/l bedroom 200 50 2 bedrooms 250 120 3 bedrooms 300 120 4 or more bedrooms 400 120 Private open space shall be contiguous to the unit and for the exclusive use of the occupants. Private open space.shall not be accessible to any dwelling unit except the unit it serves and shall be physically separated from common areas by a wall or hedge at least 42 inches in height. (2) Comm i Space. Common open space,provided by interior side yards, patios and terraces,shall be designed so that a horizontal rectangle has no dimension less than 10 feet,shall be open to the sky,and shall not include driveways or parking areas,or area required for front or street side yards. Projects with more than.20 units shall include at least one amenity,such as a clubhouse,swimming pool,tennis court,volleyball court,outdoor cooking facility,or other recreation facility. (3) A portion of the private open space requirement,not to exceed 50 percent,may be on open decks above the second story upon approval of a conditional use permit by the Zoning Administrator or Planning Commission,provided that no portion of such a deck shall exceed the height limit. (4) The Director or Zoning Administrator also may allow the open space requirement to be reduced to 10 percent of the livable area per unit for projects with less than 10 units that are within walking distance of 1,000 feet of a public park or the beach. Chapter 210 210-11 03/04/94 i RL,RM,RMH,RH,and RW Districts: Additional Development Standards (coutioned) (P) Balconies and Bey wind--W. Balconies and bay windows may project into required yards and usable open space,subject to Section 230.68 and the following limitations: (I) Balconies shah have open railings; glass or architectural details with openings to reduce visible bulkBalconies composed solely of solid enclosures are not allowed to project into required yards. (Q) J,M --story,Sgtbac s, In the RM,RMIL and RH districts,the covered portion of all stories above the second shall be setback an average of an additional 10 feet from the second floor facade. average 1 W setback f UPPER STORY SETBACK MErs UM4 Chapter 2I0 210-12 03/04/94 Ordinance No. 3254 RL,RM,RMH,RH,and RW Districts: Additional Development Standards (contmued) p (R) l=uired l,.w&upj g Ad oW g Streets. At least 40 percent of all visible portions of a requited front or street side yard adjoining a street shall be a planting area. All subdivisions shall provide a minimum five foot(5)wide landscaped area along arterial street/highway property lines. The actual required width shall be determined during the planning process. Maintenance of said landscaped area shall be by a homeowners association,property owner or other method approved by the City of Huntington Beach. 9150.19 (S) UgEting A lighting system shall be provided in all multifamily projects along all vehicular access ways and major walkways. Lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. A lighting plan shall be submitted for approval by the Director. 9ISO.I9 (T) Warqcfiont Lots. Projecting decks,windscreens,fencing,patio covers and solariums on waterfront lots may be permitted subject to the development standards set forth in this Chapter,Chapter 245,and Chapter 17.24 and the following requirements: (1) Decks. Decks on waterfront lots may project 5 feet beyond the bulkhead or bulkhead line extended,provided that side yard setback required for the main dwelling are maintained. (2) Wirddsme-mrls. Windscreens may be permitted if constructed of light-weight materials such as plastic,canvas,fiberglass,tempered glass or metal,except for necessary bracing and framing. The maximum height for windscreens shall be 7 feet above the finished surface of the deck at the bulkhead line. (3) Fer am' g. All portions of fencing within the required rear yard setback area shall comply with Chapter 230.88 and the visibility provisions below. (4) SQ]arims. Solariums(patio enclosures)may project a maximum of 30 inches over the bulkhead. In all cases,the solarium shall maintain a 45 degree visibility angle as measured from the main dwelling building line extended to the side property line. The maximum height shall not exceed the top of the first floor ceiling j oist. (5) Patio ovens. Patio covers may be permitted to project 5 feet into the rear yard setback,however,construction materials shall allow compliance with visibility provisions.below. (6) Visibility. The portion of any windscreen,fence or patio cover in the rear yard setback or solarium above 36 inches in height shall be composed of materials and design which allow a minimum of 85 percent t_nsmission of light and visibility through the structure in each direction when viewed from any angle. Chapter 2I0 210-13 03/04/94 t T RL,RK RMH,RH,and RW Districts: Additional Development Standards (mCmued) (7) Removal. Decks,solariums and windscreens projecting over waterways which do not comply with the above provisions may be removed by the city upon 30- days'written notice. Such projections are declared to be a privilege which can be revoked for noncompliance and not a vested right Tlyi; 1. - waTEKFkONr c..ar PP.WC TIO"S 20 feet front entry; 10 feet side entry; 5 feet rear entry;25 foot turning radius required from garage to the opposite side of accessway. (V) Zero Side or It=Yard. (1) A zero interior side yard setback may be permitted provided that the opposite side yard setback shall be twenty(20%)percent of lot width,minimum of five(5) feet,need not exceed ten(10)feet,or a zero rear yard setback may be permitted provided that the opposite rear yard setback for the adjacent lot shall be either zero or a minimum of ten(10)feet,and subject to the following requirements: (a) The lot adjacent to the zero setback side yard or rear yard shall either be held under the same ownership at the time of application or a deed restriction or agreement approved as to form by the City Attorney shall be recorded.giving written consent of the adjacent property owner. (b) A maintenance easement,approved as to form by the City Attorney,shall be recorded between the property owner and the owner of the adjacent lot to which access is regiured in order to maintain and repair a zero lot line structure. Such easement shall be an irrevocable covenant running with the land. No building permits shall be issued until such recorded maintenance easement has been submitted. (c) Side yard separation between the structure and any structure on an adjacent lot shall either be zero or a minimum of five(5)feet. ChVw 210 210.14 03/04/94 Ordinance No. 3254 RL,RM,RMH,RH,and RMP Districts: Additional Development Standards (continued) (d) No portion of the dwelling or any architectural features shall project over the property line. (e) The zero setback shall not be adjacent to a public or private right-of-way. (f) Exposure protection between structures shall be provided as specified by the Fire Department and Building Division. (2) Double zero side yards may be permitted for planned unit development projects subject to approval of a conditional use permit and compliance with Section 210.12B. 9174 210.08 Development Standards for Senior Projects 9176 9177 This section establishes development standards for the Senior Projects that may be permitted by the Planning Commission for the construction of a senior residential project. A. Minis, =FioQI Am Dw—dling Llni . 450 square feet. B. Minimum Setbacks. The project shall comply with the minimum setback requirements of the district applicable to the site. C. Minimum Distance between Buildings. 10 feet. D. Buildups 12oi=. No structure shall exceed 190 feet in length. To provide variation in building facades,two of the following architectural elements are,required as part of each building:sloped roofs;bay windows;awnings;roof eaves; cornices;balconies;or patios. E. Qpg�Space 1. Pd= pjgm space: A minimum of 60 square feet for studios or one bedroom units and 120 square feet for two or more bedrooms,with a 6-foot minimum dimension. 2. Comm n Q=Space: 2,500 square feet plus 50 square feet for each unit over 50. 3. Qgmmmily Club House: An enclosed community or clubhouse facility containing 7 square feet per unit,with a minimum of 400 square feet,may provide up to 50 percent of the common open space requirement. The clubhouse shall include handicapped bathrooms and kitchen facilities to be used by project residents and their guests only. F. ELtyg=. Buildings with more than 2 levels,including living areas or parking, shall have elevators- G. Parkilig. Parking shall comply with Chapter 231. Any parking space over and above the one space per unit shall be marked for guest use. Chapter 210 210-15 03/04/94 210.10 Modifications for Affordable Housing - r The Planning Commission or the Zoning Administrator may approve a conditional use permit modifying the minimum property development standards in this chapter for affordable housing,as provided in Section 230.14. The proposed modifications shall be requested in writing by the applicant,accompanied by a detailed pro-forma,rental guidelines,deed restrictions,financial subsidies,and other types of documentation which will serve to demonstrate the need for a reduction of development standards. Modifications to the standards may include,but are not limited to,the parlang requirements and open space. The specific standard(s)from which the applicant is requesting relief shall be identified and alternative development standard(s)proposed. 210.12 Planned Unit Development Supplemental Standards and Pro-visions This section establishes supplement development standards and provisions that shall apply to all planned unit developments. 9150.12 A. Mg, . A tentative and final or parcel map shall be approved pursuant to Title 25, Subdivisions. B. PM.ject_Ded=. 1. Driveway parking for a minimum of fifty percent of the units shall be provided when units are attached side by side. 2. A maximum of six units may be attached side by side and an offset on the front of the building a minimum of four(4)feet for every two units-shall be provided. 3. A minimum of one-third of the roof area within a multi-story,multi-unit building shall be one story less in height than the remaining portion of the structure's roof area. 9150.20 C. Comm__m Area. Every owner of a lot or dwelling unit shall own as an appurtenance to such unit or lot either an undivided interest in the common areas and facilities or a share in the corporation,community association,or limited partnership owning the common areas and facilities. 91$0 20 D. Covenants. The developer shall submit a covenant setting forth a plan or manner of permanent care and maintenance of all common areas and communal facilities. Such covenant shall be included in the Covenant, Conditions,and Restrictions (CC&R's)applying to the property and shall be approved by the City Attorney and Director. The CC&R's shall be approved prior to final or parcel map approval and when approved,shall be recorded in the office of the Orange County Recorder. 9IM20 I E. Maintenance. The corporation,community association,or limited partnership shall have the responsibility of maintaining the common areas and facilities as shown on the final development plans,the buldings and use of property for planned unit development. F.7J F. le of . No dwelling unit or lot shall be sold or encumbered separately from an I� interest in the common areas and facilities in the development which shall be appurtenant to such dwelling unit or lot. No lot shall be sold or transferred in ownership from the other lots in the total development or approved phase of the development unless all approved community buildings,structures and recreational facilities for the total development,or approved phase thereof,have been completed,or completion is assured,by bonding or other method satisfactory to the City. C1lapw 210 210-16 03/04/94 Ordinance No. 3254 G. Ma nafement AZreement. No lot or dwelling unit in the development shall be sold unless a corporation, community association, or limited partnership has been formed with the right to assess all those properties which are jointly owned with interests in the common areas and facilities in the development to meet the expenses of such entity, and with authority to control,and the duty to maintain, all of said mutually available features o the developemnt. Said entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units,and flexibility of assessments to meet changing costs of maintenance,repairs and srvices. The developer shall submit evidence of compliance with this requirement to and receive approval of the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 210.14 RMP District Supplemental Development Standards This section establishes supplemental standards for the development manufactured home parks. 9145 A. Individual space setbacks for manufactured homes and accessory structures shall be landscaped and are as follows: Front 5 feet Sides 10 feet aggregate,minimum 3 feet on any side Rear 5 feet B. Each space shall be provided 150 cubic feet of enclosed,usable storage space. 9149 C. The undercarriage of all manufactured homes shall be screened from view on all sides. 91as D. A six foot high concrete or masonry wall shall be provided along all interior property lines of the manufactured home park. In addition,a twenty(20) foot wide landscaped berm or a ten foot wide landscaped area and a six foot high wall shall be located at the minimum setback line. 9149 E. A boat of trailer storage area shall be provided and screened from view by a six foot high fence or wall. 91a� F. Each individual mobilehome space shall be permitted a maximum of 75%site coverage. 210.16 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: A. Zooming Administrator Review. Projects on substandard lots;projects with 14 units adjacent to arterial highway;projects with 5 -9 units;projects requiring a conditional use permit from the Zoning Administrator; see Chapter 241. B. Desjmi&view Board. Projects within redevelopment project areas, areas subject to specific plans and projects within 500 feet of a PS District;see Chapter 244. C. l'wWna Comtnissjon. Projects requiring a conditional use permit from the Planning Commission;projects with 10 or more units; see Chapter 241. Chapter 210 210-17 03/04/94 D. Projects in the COastal Zone. A Coastal Development Permit is required unless the project is exempt;see Chapter 245. Chapter 210 210-18 03/04/94 Ordinance No. 3254 } Sections: 211.02 Commercial Districts Established 211.04 CO,CG,and CV Districts: Land Use Controls 211.06 CO,CG and CV Districts: Development Standards 211.08 Review of Plans 9240 211.02 Commercial Districts Established 9220 9200 Three(3)commercial zoning districts are established by this chapter as follows: A. The CO Ofdoo-Commercial District provides sites for offices for administrative, financial,professional,medical and business needs. B. The CG General Comrrlemial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach. r 7 C. The CV Visitor Commercial District provides opportunities for visitor-oriented commercial activities,including retail shops,restaurants,hotels,motels and related services. 9241 211.04 CO,CG,and CV Districts: Land Use Controls 9220.1 9220.2 9220.12 In the following schedules,letter designations are used as follows: 9220.I3 9200.3- 3 "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC"designates use classifications permitted on approval of a conditional use permit by the Planning Commission; "ZA"designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. +Chapter 211 211-1 02/07/94 "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. Use classifications that are not listed are prohibited. Letters in parentheses in the"Additional Provisions" column refer to provisions following the schedule or located elsewhere m the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use classifications under the heading. Chapter 211 211 2 02/07/94 Ordinance No. 3254 P -Permitted CO,CG,and CV L, -Limited(see Additional Provisions) DISTRICTS: LAND PC -Conditional use permit approved by Planning Commission USE CONTROLS ZA -Conditional use permit approved by Zoning Administrator TU -Temporary Use Permit PIU -Requires conditional use permit on site of conditional use -Not Permitted CO CG CV Additional Provisions Residential (Q)(R) Group Residential PC PC L-3 Multifamily Residential - - L-3 Public and Semipublic (A)(Q)(R) Cemetery - - - Clubs and Lodges ZA ZA ZA Community and Human Services Drug Abuse Centers - PC - Primary Health Care L-2 L 2 - Emergency Kitchens - L-2 - Emergency Shelters - L-2 - Residential Alcohol Recovery,General - PC - Residential Care, General PC PC - Convalescent Facilities PC PC - Cultural Institutions PC PC PC Day Care, General L-2 L-2 - Day Care,Large-Family L-2 L-2 - Emergency Health Care L-2 L-2 L-2 Government Offices P P L-3 Heliports PC PC PC (B) Hospitals PC PC PC Park&Recreation Facilities L-9 L-9 L-9 Public Safety Facilities PC PC PC Religious Assembly PC PC - Schools,Public or Private PC PC - Utilltles,Major PC PC PC Utilities,Minor P P P {Lj Chapter 211 211-3 02/07/94 P -Permitted CO,CG,and CV L -Limited(see Additional ovis m) DISTRICTS: LAND PC - Conditional use permit approved by Planning Commission USE 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 CO CG CV Additional Provisions Commercial Uses (J)(Q)(R) Adult Businesses - PC PC (C) Ambulance Services - ZA - Animal Sales& Services Animal Boarding - PC - Animal Grooming - P - Animal Hospitals - PC - Animals:Retail Sales - P - Equestrian Centers - PC - (S) Pet Cemetery - PC - Artists' Studios P P P Banks and Savings&Loans P P P With Drive-Up Service ZA ZA ZA Building Materials and Services - P Catering Services P P P Commercial Filming P P P (F) Commercial Recreation and Entertainment - PC PC (D) Communication Facilities P P P Eating and Drinking Estab. L-4 L-4 L-4 (N) w/Fast-Food or Take-Out Service ZA ZA ZA Drive Through - L-4 L-4 w/Live Entertainment/Dancing PC PC PC (Ii) Food&Beverage Sales - P L-2 w/Alcoholic Beverage Sales - ZA ZA (N) Funeral&Internment Services - ZA - Laboratories L-1 L-1 - Maintenance&Repair Services - P - Marine Sales and Services - P P Nurseries - ZA - Ofces,Business &Professional. P P L-3 Chapter 211 211-4 02/07/94 Ordinance No. 3254 i S P -Permitted CO,CG,and CV L -Limited(see Additional Rm 'lions) DISTRICTS: LAND PC -Conditional use permit approved by Planning Commission USE 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 CO CG CV Additional Provisions Ta ,00 ��fabl#5hv�nfn S Fr— -- (G Pawn Shops - ZA - Personal Enrichment Services L-2 L-2 - Personal Services P P P Research&Development Services L-1 ZA - Retail Sales - P P Secondhand Appliances/Clothing - P - Swap Meets,Recurring - ZA Travel Services P P P Vehicle Equipment/Sales&Services Automobile Rentals - 'L-8 L-8 Automobile Washing - L-7 - Commercial Parking PC PC {Q) Service Stations - PC PC (E) Vehicle Equip.Repair - L-5 Vehicle Equip.Sales&Rentals - PC - Vehicle Storage - - - Visitor Accommodations Bed&Breakfast Inns PC PC PC (K) Hotels, Motels&Time Shares - PC PC (I) Residential Hotel - PC PC Single Room Occu .pancy - PC PC (O �Jcua� �(ea`�, lndvorFlek 1�adker� — �G — ! (R) Industrial Industry,Custom - L-7 L-7 Accessory Uses Accessory Uses& Structures P/U PJU P/U Temporary Uses (F) Animal Shows - TU - Circus and Carnivals - TU - Commercial Filming,Limited - P P {M) Real Estate Sales ZA ZA ZA Retail Sales,Outdoor - P P (Nl) Seasonal Sales P P P (M) Trade Fairs - TU - Nonconforming Uses (G) Chapter 211 211- 02/07/94 CO, CG,and CV Districts: Additional Provisions L-1 Permitted if the space is 2,500 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the laboratory space exceeds 2,500 square feet. L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square feet. L-3 Only allowed in conjunction with visitor-serving commercial uses. Residential uses shall be located above the ground level,and a conditional use permit from the Planning Commission is required. L-4 Permitted with a maximum seating capacity of 12;allowed with a conditional use permit from the Zoning Administrator if seating capacity exceeds 12. L-5 Only"limited" facilities are allowed subject to approval of a conditional use permit from the Planning Commission,and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle deader. L-6 Only"small-scale" facilities, as described in Use Classifications, are allowed with a conditional use permit from the Zoning Administrator and maximum 7 persons may be employed full time in processing or treating retail products,limited to those sold on the premises. L-7 Attended facilities allowed with a conditional use permit from the Planning Commission; unattended facilities allowed with a conditional use permit from the Zoning Administrator. L-8 On-site storage limited to two rental cars. L-9 Public facilities permitted,but a conditional use permit from the Zoning Administrator is required for commercial facilities. (A) Limited to facilities on sites 2 acres or less. (B) See Section 230.40:Helicopter Takeoff and Landing Areas. '9, + +loo 9753 (C) The exterior walls of a proposed adult businessshall be at least 200 feet from an R district, 500 feet from public or private school or building used for religious assembly,and at least 1,000 feet from another adult business.For purposes of this requirements, alll distances shall be measured in a straight line from the nearest point of the building where the adult business or +46b cs �l�shm+rsf` is to be located to the nearest lot line in the R district or the nearest lot line on which a school.building used for religious assembly or another adult business,,�s--located. (D) See Section 230.38: Game Centers and Chapter 9.28; Chapter 5.28:Dance Halls; Chapter 9.24: Card Rooms; Chapter 9.32: Poolrooms and Billards. (E) See Section 23032: Service Stations. scer C-Y►ap - 5,�0 � dvS, T gyre. oka.p ' N��saye Gs�blis6��ts; p � 9 Chapter 11 >;5 61h hrnen+ 211-6 02/07/94 Ordinance No. 3254 CO,CG,and CV Districts: Additional Provisions (continues) (F) See Section 241.20: Temporary Use Permits (G) See Chapter 236:Nonconforming Uses and Structures. (H) For teen dancing facilities,bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28:Dancing Halls;Chapter 5.44:Restaurants-Amusement and Entertainment Premises, and Chapter 5.70:Adult Entertainment Businesses. (1) Only permitted on a major arterial street,and a passive or active outdoor recreational amenity shall be provided,subject to approval of the Planning Commission. (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses(retail sales of arts and crafts,antiques,jewelry, clothing,books and gifts,flowers,and sporting goods; eating and drinking establishments; commercial recreation and entertainment;travel agencies;marine sales and services; and visitor accommodations). (K) See Section 230.42:Bed and Breakfast Inns - i (I..) See Section 230.44:Recycling Operations. M Subject to approval by the Police Department,Public Works Department, Fire Department and the Director. See also Section 230.86 Seasonal Sales. (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process- (1) Retail markets with no more than 10 percent of the floor area devoted to sales,display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not carried on in conjunction with the sale of gasoline or other motor vehicle fuel; (2) Restaurants,bars,and liquor stores that are located 300 feet or more from any R or PS district, school, church,or public use. (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (0) See Section 230.46: Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant laud or initial construction of building for permitted use requires approval of a conditional use permit from Zoning Administrator. Chapter 211 211-7 02/07194 i CO, CG, and CV Districts: Additional Provisions (oontiumd) (R) Projects within 500 feet of a PS District see Chapter 244. (S) See Section 230.48: Equestrian Centers(7) G�c_c ]oN Z3Q• 0.- Ir1�Od�' JclJa� G�Sf Flew /tlav-k e1I,5 M2 211.06 CO,CG and CV Districts: Development Standards 9245 9247 The following schedule prescribes development standards for the CO, CG and CV districts. The 9M,3 first three columns prescribe basic requirements for permitted and conditional uses in each district. 9220 Letters in parentheses in the"Additional Requirements" column refer to standards following the 9200-¢ schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor "7 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. i Chapter 211 1 I-8 02/07/94 Ordinance No. 3254 CO,CG and CV DISTRICTS DEVELOPMENT STANDARDS CO CG CV Additional Requirements Residential Development (A)(B) Nonresidential Development ($) Minimum Lot Area(sq.ft.) 10,000 10,000 10,000 (C) Minimum Lot Width(ft.) 100 100 100 Minimum Setbacks Front(f.) 10 10 - (D)(E)(0) Side 5 Street Side(ft.) 10 10 - (E) Rear(ft.) 5 - - (F) Maximum Height of Structures(ft.) 40 50 50 (F)(G) Maximum Wall Dimensions (N) Maximum Floor Area Ratio (FAR) 1.0 1.5 1.5 Minimum Site Landscaping{%} 8 8 8 (H)(1) Building Design Standards (0) Fences and Walls (J)(K) Off-Street Parking/Loading (L) Outdoor Facilities See Section 230.74 Screening of Mechanical Equipment See Section 230.76 (Nn Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 Chapter 211 21 -9 02/07/94 CO,CG, and CV Districts: Additional Development Standards (A) Dwelling units shall be subject to the standards for minimum setbacks,height limits, maximum density,open space,balconies and bay windows, and parking for the RMH District. The setback standards shall apply only to the stories of a building that are intended for residential use. (B) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (C) The minimum site area for a hotel or motel is 20,000 square feet. (D) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (E) A minimum 50-foot setback is required along Beach Boulevarci�^and Edinger Avenue or 25 foot setback with the setback area entirely landscaped. (F) Along a side or rear property line abutting an R district,a 10-foot setback is required, and structures within 45 feet of the district boundary shall not exceed 18 feet in height. (G) See Section 230.70: Measurement of Height and Section 230.72:Exceptions to Height Limits. (1I} Planting.Areas: (1) Required front and side side yards shall be planting areas except properties with 50 foot setback shall provide a minimum 10 foot wide planting area along street frontages. (2) Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least 6 feet in height. (3) Hotels and Motel5. A 15-foot wide landscaped strip shall be provided along all street frontages,except for necessary driveways and walks. 3 (I) See Chapter 232: Landscape improvements. (J) See Section 230.88: Fencing and Yards. (K) A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of an existing ground-floor residential use. However,where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line,the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height. (L) See Chapter 231: Off-Street Parking and Loading. Chapter 211 -la 02/07/94 Ordinance No. 3254 CO,CG,and CV Districts: Additional Development Standards (continued) (M) See Section 230.44: Recycling Operations and Section 230.80: Antennae and Microwave Equipment (N) A front or street side wall surface shall be n(i longer than 100 feet without a break,a recess or offset measuring at least 20 feet in depth and one-quarter of the building length,or a series of offsets,projections or recesses,at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of 4 feet. 'Die Director may grant exceptions or allow these standards to be modified for exceptional or unione%buctures subject to Design Review,Chapter 244. 20 ft 20 ft Max.100 ft. uobmkea tL wail 25 ft or more T Single Horizontal Ousels:20 M Max.i0o rL 20 ft Min.4 ft. unbroken wall 1 20 ft 4�ft recess 259E of the wall 25'fL must be varied or more Variable Offsets:20 It and 4 fL MAXIMUM WALL LENGTH AND REQUIRED BREAK zoo-ors Chapter 211 211-11 02107/94 CO, CG, and CV Districts: Additional Development Standards (continued) +c r\o u s �3 � Chapter 211 211-12 02/07/94 Ordinance No. 3254 CU,CG,and CV Districts: Additional Development Standards (..ti..,A) 0 (0) Two building design standards are established to Snake commercial areas more attractive and provide a unified streetscape: (1) In the CV District a 10-foot minimum upper-story setback is required abov the second story. i,Required Setback Max.two stories without vertical break CV DISTRICT:UPPER STORY SETBACK cvsacaa (2) In the CO and CV Districts,and on frontages adjacent to major or primary arterials in the CG Distri least 40 percent of a building surface may be located at the minimum sack line if additional landscaping is provided on the site. Min.40 percent of front bw1ding elevation at setback line Setback line BUILDING FACE AT SETBACK LWE FACE PIM with it ean&fienal u Chapter 211 1 I-13 OV07194 new 211.08 Review of Plans All applications for new construction,initial establishment of use,exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required as follows: A. ZoningA—d-rmnistmior Review. Projects requiring a conditional use permit from the Zoning Administrator;projects on substandard lots;see Chapter 241. B. Design Review Board. Projects within redevelopment project areas and areas subject to specific plans;projects within 500 feet of a PS District; see Chapter 244. C. Plm ii g Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241. D. Projects in_ft Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. Chapter 211 211-14 02/07/94 Ordinance No. 3254 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 9550 212.02 Industrial Districts Established 9530 9sI0 Two(2)industrial zoning districts are established by this chapter as follows: A. The IG General Industrial District provides sites for the full range of manufacturing, industrial processing,resource and energy production,general service,and distribution. B. The IL Limited Industrial District provides sites for moderate-to low-intensity industrial uses,commercial services and light manufacturing. 9550.01 212.04 IG and IL Districts: Land Use Controls 9530D 95i0.01 In the following schedules,letter designations are used as follows: "P" designates use classifications permitted in the I districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. "P/U" for au 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. 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. Chapter 212 212-1 02/07194 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 Community and Human Service Facilities PC PC (I,) Day Care, General PC PC Heliports Maintenance&Service f Facilities PC PC (0) Public Safety Facilities P P Schools,Public or Private L-4. ._1.14 Utilities,Major PC PC Utilities,Minor L7 P€ 1-7 P@ (F) Commercial Uses (D}(M) Ambulance Services ZA ZA Animal Sales and Services Animal Boarding - PC Animal Hospitals - PC Artists' Studios P P Banks and Savings and Loans L-1 L-I Building Materials and Services P P Catering Services - P Commercial Filming ZA ZA Commercial Recreation and Entertainment L-2 L 2 Communication Facilities P P Eating&Drinking Establishments L-3 L-3 Food&Beverage Sales PC PC Hospitals and Medical Clinics - PC Laboratories P P Maintenance&Repair Services P P Marine Sales and Services P P Nurseries P P Offices,Business&Professional L-i L-1 (H) Chapter 212 2I2- 02/07/94 Ordinance No. 3254 IG AND Ill, P - Permitted DISTRICTS: L - Limited(see Additional RmAsions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA- Conditional use permit approved by Zoning Adminstrator TU- Temporary Use Permit P/U-Requires conditional use permit on site of conditional use - Not Permitted Additional IG IL Provisions Personal Services L-1 L-1 Research&Development Services P P Vehicle/Equipment Sales& Services ' Service Stations I,= :`° T L-4 Vehicle/Equipment Repair P '' P Vehicle/Equip.Sales/Rentals L-5 L-5 Vehicle Storage P ZA (1) Visitor Accommodations PC PC -� Woxe4-,w5e, � Sake5 ou+1�t"5 } Industrial(See Chapter 204) Industry, Custom P P Industry,General P P Industry,Limited P P Industry,R&D P P Wholesahing,Distribution&Storage P P Accessory Uses Accessory Uses and Structures P/U P/C3 (C) Temporary Uses Real Estate Sales P P Trade Fairs TU TU (E) Nonconforming Uses (F) Swag Meets, k4Wrl'Flea Mwekt4s PG PC, CQ� Chapter 212 212- 02/07/94 Allowed by cotid%-ian-tluse_ perm,-' "retvat by tf-c Z,0`1 3 �yy..,.�,�cn•�r i�,F�t spac e �5 Z,SOD s�ua re Feear le5s�r allowed by ca,�d:�;o„al use �errr,�t plann� •,s on �r fht spae-e i5 over P-,Soa 5e--,e Fief . a�pro�a 1 b`f 4k, IG AND IL Districts: Additional Provisions 9g' 1a L-1 Only allowed upon approval,of a conditional use permit b the planning mixed use Project,subject to the following requirements: y ann�ng Commission for a 3 acres �irnum commer ial space; 35 percent of the gross floor area and 50 percent of the ground floor area of buildings fronting on an arterial highway. d=ve nt: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. 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 considering vehicular access and parking requirements. L-3 Allowed upon approval of a conditional use permit by the Planning Commission when in a free-standing structure or as a secondary use in a building provided that no more than 24 Percent of the floor area is occupied by such a use. L-4 Only stations offering services primarily oriented to businesses located in an I District are allowed with a conditional use permit by the Planning Commission. L-5 No new or used automobile,truck or motorcycle retail sales are Permitted.hOO YSc �'f'a„a)o vtulL-6 s 0 Y .. or CD o L-7 Recycling Operations as an accessory use are pefmitted;recycling operations as a primary use are allowed upon approval of a conditional use permit by the Planning Commission. (A) Limited to facilities on sites of 2 acres or less. I (B) A conditional use permit from the Zoning Administrator is re quired for any new use or enlargement of an existing use,or exterior alterations and additions for an existing use I located within 150 feet of an R district. The Director may waive this requirement if there is s no substantial change in the character of the use which would affect adjacent residential Property in an R District € (C) Accessory office uses incidental to a primary industrial use floor area of the ��' are limited to 10 percent of the primary industrial use. 3 a ` rYl rf d✓a' b v Planni� COm,m r5S i o� L - $ Alhwd ar, ��L;�`o. ! usr a o�U s�a&w feef ,s �� �d'n cuVae mlrrlmum a-YP.A 10 0 mew ttahP.Ut cti b ' rft�'la�. Thy Pl;m�rT �zranf 5ha�lbcc`�y e r areal. alvt d 44,.e Chapt 212 I 212 03/04/94 Ordinance No. 3254 IG AND IL Districts: Additional Provisions(cwtinwm (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. (E) See Section 241.22:Temporary Use Permits. (F) See Chapter 236:Nonconforming Uses and Structures. (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. 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. 9530.16 (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- (a) The site shall not be located within 660 feet of an R district (b) All special metal cutting and compacting equipment shall be completely screened from view. (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. (d) Items stacked in the storage yard shall not exceed the height of the screening walls or be visible from adjacent public streets. (J) Limited to facilities serving workers employed on-site. (K) See Section 230-46: Single Room Occupancy. (L) Limited to Emergency Shelters. (M) New construction and initial establishment of a permitted use shall be subject to the approval of a conditional use permit by the Zoning Administrator unless Planning Commission approval is required. Change of use shall be subject to the approval of the Director unless the new use requires approval of a conditional use permit. C1►apter 212 212-5 02/07/94 IG AND EL Districts: Additional Provisions-(continued) (l) 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. (0) See Section 230.40:Helicopter Takeoff and Landing Areas. } See Section 230.44: Recycling Operations Q� a-c Section z3o-5b: lnd6vr Swap z /qarLas 9550.02 212.06 IG AND II.Districts: Development Standards -09 -14 The following schedule prescribes development standards for the i Districts. The first two �3002 columns prescribe basic requirements for permitted and conditional uses in each district. Letters 9W'11 in parentheses in the "Additional Requirements"column reference requirements following the -14 0.16 schedule or located elsewhere in this ordinance. In calculating the maximum.gross floor area as 953 -17 defined in Chapter 203,the floor area ratio is calculated on the basis of net site area. Franctional 9510M numbers shall be rounded down to the nearest whole number. All required setbacks shall be 0.11 measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, -14 Definitions. 9$10.15 9510.18 Additional IG IL Requirements Residential Development (N1) Nonresidential Development Minimum Lot Area(sq.ft.) 20,000 20,000 (A)(B)( Minimum Lot Width(fL) 100 100 (A)(B) Minimum Setbacks (A)(C) Front(ft.) 10;20 10;20 (D) Side(ft.) - 15 (E)(F) Street Side(ft.) 10 10 Rear Height of Structures(ft.) 40 40 G Maximum Floor Area Ratio (FAR) 0.75 0.75 Minimum Site Landscaping(%} 8 8 (IDG) Fences and Walls See Section 230.88 Off-Street Parking and Loading See Chapter 231 (J) Outdoor Facilities See Section 230.74 (K) 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 Chapter 212 E2-)6 03111/94 Ordinance No. 3254 i IG AND 11L Districts: Additional Development Standards (A) See Section 230.62:Building Site Required and Section 230.64: Development on Substandard Lots. (B) Smaller Iot dimensions for new parcels may be permitted by the Zoning Administrator with an approved development plan and tentative subdivision map. (C) See Section 230.68:Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (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. 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(l foot for each 10 feet of building length)up to a maximum setback of 30 feet. (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. 9510.7 (F) A zero-side yard setback may be permitted in the I districts,but not abutting an R district, 1 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. ceptian.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 a:ccessway must be maintained free of obstructions and open to the sky,and no opening for track 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. (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. 9s�o.�a (H) Plantim Am. 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. (1) See Chapter 232:Landscape Improvements. 960a.b (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. (K) See Section 230.80: Antennae and Microwave Equipment. Chapter 212 212-7 03/11/94 IG AND IL Districts: Additional Development Standards-(continued) �3-74 (L) Noise. No new use shall be permitted, or exterior alterations and/or additions to an "30" 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. {1V� Group residential or accessory residential uses shall be subject to standards for minimum setbacks and height of the RH District. FEa 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: A. Zoning Administrator ujew. Projects requiring a conditional use permit from the Zoning Administrator;projects including a zero-side yard exception;projects on substandard lots. B. Desk Review Board: Projects within redevelopment project areas and areas within 500 feet of a PS district;see Chapter 244. C. PIwWn&Commisajon. Projects requiring a conditional use permit from the Commission. D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. Chapter 212 212-8 03/11/94 Ordinance No. 3254 mnc-._ .;m-+v�•.�rt��,:. .-u..�. •..,..,-,a..s5,.. ..Js�. Sections: 213.02 Open Space District Established 213.04 Applicability 213.06 OS District: Land.Use Controls 213.08 OS District:Development Standards 213.10 Review of Plans W104 213.02 Open Space District Established 9420l An Open Space District is established by this Chapter. This district provides areas for public or ' private use and areas for preservation and enhancement. Four subdistricts have been identified. �� Subdistricts of the OS District include: Maio A. OS-C Q= Snaee-Conservatign Subdistrict. B. OS-PR R Q=SInce-Parks and Recreation Subdis#ri�ct. C. OS-S Q=bLw&-Shoreline. D. OS-WR Onen Space Wat Recreation Subdistrict. n 213.04 Applicability The OS district shall be the base district for the use classifications listed in Section 213.06 where these classifications have a minimum contiguous site area of 2 acres, including alleys, streets or other rights-of-way. Open-space use classifications on sites of less than 2 acres shah be subject to the provisions of the base and overlay districts in which they are located. 94203 213.06 OS District:Land Use Controls 9422.I In the following schedule,letter designations are used as follows: 9M.6 9112 "P" designates use classifications permitted in the OS district. "L" designates use classifications subject to certain limitations prescribed by the"Additional Provisions" which follow. "PC"designates use classifications permitted on approval of a conditional use permit by the Planning Commission. Chapter 213 213-1 03/04/94 "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designate use classifications permitted on approval of a temporary use permit. "P/U" for an accessory use means that the use is permitted on the site of a permitted use,but requires.a use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use classifications under the heading. OS DISTRICT P - Permitted LAND USE CONTROLS L - Limited(see A UQiW Provisions) PC - Conditional use permit approved by Planning Commission ZA - Conditional use permit approved by Zoning Administrator TU - Temporary Use Permit P/U- Requires conditional use permit on site of conditional use OS-C OS-PR OS-S OS-WR Additional Provisions Public and Semipublic Marinas L-1 - - PC Park&Recreation Facilities L 2 PC PC - Public Safety Facilities - - PC - Utilities,Major - Utilities, Minor L-3 ZA - ZA Commercial Uses Animal Sales and Services Equestrian Centers - PC - - (E) Commercial Recreation and Entertainment - PC - - Eating& Drinking Establishments - L-4 L-4 - With Take-Out Service,Limited - L4 L-6 - Vehicle/Equipment Sales and Services - - Commercial Parking Facility - L-5 L-5 - Accessory Uses (A)(D) Accessory Uses and Structures P/U P/U P/U P/U Temporary Uses (B) Animal Shows - TU - - Circuses and Carnivals - TU - - Commercial Filming - TU TU TU Nonconforming Uses (C) Chapter 213 213-2 02/08/94 Ordinance No. 3254 A.(., .0 7 The following are allowed with conditional use permit approval by the Planning Commission: (a) Diking, dredging and filling necessary for the protection, maintenance, restoration or enhancement of the area's functional capacity as a habitat (b) Provision for existing flood control facilities where the primary purpose is to maintain existing capacity, necessary for public safety or to protect existing development in thefflood plain. No maintenance activities shall be permitted which have the effect of draining wetlands. Such maintenance activities may include maintenance dredging of less than I00,000 cubic yards in a twelve-month period,- lining in place artif cial channels; increasing the height of existing levees; changes in the cross section of the interior channel to accommodate the design capacity of channels when no widening of the top dimensions or widening of the outer levee is required (c)Mineral extraction, including sand for beach restoration except in environmentally sensitive areas. 4 INTETSMONALLY LEFT BLANK 4S District: Additional Provisions Ike�allow�r9 wre allowed by rc►�gd;onal .use�erm�� opprova.t by P6nri-n9 C--rn.S.SIOy" L-i la)Maintenance of existing or restoration of previously dredged depths oavn "ztnonaf'c turning b ,vessel berthing and mooring areas,and boat launching ramps allowed $ - Us b trance channels for new or expanded boating facilities in a wetland area also inn a pG iuc with a n—&finn21 i,go U fr� +I a Planning In a degraded F"wetland,identified by the State Department of Fish and Game pursuant to California Public Resources Code Section 30411(b),the degraded wetland shall be restored and maintained as a biologically productive wetland. The maximum area of the wetland used for boating facilities,including berthing space,turning basins,necessary navigation channels, and any necessary support service facilities, shall not exceed 25 percent of the total degraded wetland area. (c) h�abwre s}uc{y 4It-" 4 .ralor SIWI<lar resource deQ efen-f c�cfi�:(��S aPP't'v° I b y L 2 The following are allowed witha=conditional use permitA m the Zoning Administrator: Pedestrian trials, observation platforms and open shelters for passive nature study, including bird watching and the study of flora and fauna,incidental parking,and convenience facilities. Such uses may be located within an environmentally sensitive habitat area provided that they are immediately adjacent to the area's peripheral edge. L-3 The following uses shall be permittedW��h conditional use permitAby the Zoning Administrator: (a) Incidental public service projects such as,but not limited to,burying cables and pipes. (b) Maintenance of existing streets and utility structures. pravoal by L-4 Allowed with a conditional use permit.Um the Zoning Administrator only as an ancillary use that is compatible with and part of a park or recreational facility. L-5 Public parking is p=' ecj�,,,.JtVommerciaI parking facilities on City-owned land require a conditional use per lanning Commission. Recreational vehicle overnight parking is limited to 16 percent of available public parking. FEE 4-1 L-6 Beach concession stands for sale of refreshments and sundries (not to exceed 2,500 square feet of sales area)must be located a minimum 1,000 feet apart. See ,viserl- (A) Limited to facilities incidental to an open space use. (B) See Section 241.22: Temporary Use Permits. (C) See Chapter 236:Nonconforming Uses and Structures. (D) Private cantilevered decks abutting residential uses;private boat ramps,slips,docks, windscreen and boat hoists in conjunction with adjacent single family dwellings. See Residential Districts and Chapter 17.24. (E) See Section 230.48: Equestrian Centers. Chapter 213 213-3 02/08/94 9M.2 213.08 OS District:Development Standards 94211 9419 The following schedule prescribes development standards for the OS-C,OS-PR,OS-S and OS-WR subdistricts. The first four columns prescribe basic requirements for permitted and conditional uses in each subdistrict. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203,Definitions. OS-C,OS-PR,OS-S and OS-WR DISTRICTS DEVELOPMENT STANDARDS OS-C OS-PR OS-S OS-WR Additional Requirements Nonresidential Development Minimum Lot Area(sq.ft.) - 5 ac - - Minimum Lot Width(ft.) - 100 - - Minimum Setbacks . Front(fL) - - 25 50 - Side (fL) - - 25 - - Street Side(ft.) - - 25 - Rear(fL) - - 25 20 - Maximum Height of Structures(ft.) - 45 20 - (A)(E) Maximum Lot Coverage{%) - 25 - - Minimum Site Landscaping See Chapter 232 (B)(F) Building Design. Fences and Wlls See Section 230.88 (A){Cj Off-Street Parldng/Loading See Chapter 231 Outdoor Facilities See Section 230.74 Screening of Mechanical Equipment See Section 230.76 Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 (D) Performance Standards See Section 230.82 Nonconforming Structures See Chapter 23.6 Signs See Chapter 233 Chapter 213 2I3-4 02/08/94 Ordinance No. 3254 OS District:Additional Development Standards (A) All development shall be compatible with the established physical scale of the area and shall not encroach on major view corridors. (B) To the extent feasible,mature trees,native vegetation and sensitive wildlife habitats shall be protected. (C) All buildings and structures shall be sited and designed to assure stability and structural integrity for their expected economic He span and to minimize alterations to natural landforms. (D) Underground utilities shall be provided unless underground installation would have a substantial adverse impact on the environment (E) Facilities necessary for public safety may exceed maximum height. (F) All setback areas along street frontages in OS-PR shall be fully landscaped. 213.10 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: A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator;projects on substandard lots. B. Design Review Board Projects within redevelopment project areas,OS-PR and OS-S districts and areas within 500 feet of a PS district; see Chapter 244. C. Planning Commission. Projects requiring a conditional use permit from the Commission. D. ftj=in theCo mW Zane A Coastal Development permit is required unless the project is exempt; see Chapter 245. Chapter 213 213-5 02/08194 INTENTIONALLY LE ' BLANK } Ordinance No. 3254 raxotir ::..�._.z.w....,ti��+.���,z�r' - •-sw- �—'7a���a>,.,._._.�y i•, ��. �.:� `�' y: Sections: 214.02 Public-Semipublic District Established 214.04 Applicability 214.06 PS District Land Use Controls 214.08 PS District: Development Standards 214.10 Review of Plans 214.02 Public-Semipublic District Established The PS Public-Semipublic District is established by this chapter. This district provides areas for large public or semipublic uses. R-1-1 214.04 Applicability n- The P�District shall be the base district for the use classifications listed in Section 214.06 where these have a contiguous site area of 2 acres or more, including alleys,streets,or other rights-of-way. Public-semipublic use classifications on sites of less than 2 acres shall be subject to the provisions of the base and overlay districts in which they are located. n 214.06 PS District: Land Use Controls In the following schedule,letter designations are used as follows: "P" designates use classifications permitted in PS districts. "L" designates use classifications subject to certain limitations prescribed by the"Additional Provisions"which follow. "PC"designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "TU" designates use classifications allowed on approval of a temporary use permit. TITT' for an accessory use mean 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. Use classifications that are not listed are prohibited Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use classifications Linder the heading. Chapter 214 214-1 02/08/94 PS DISTRICT: P - Permitted LAND USE CONTROLS L - Limited(see Additional Provi5ion ) PC - Conditional use permit approved by Planning Commission TU -Temporary Use Permit P/U-Requires conditional use permit on site of a conditional use Additional PS Provisions Public and Semipublic Cemetery PC Cultural Institutions PC Day Care, General PC Government Offices L-1 Hospitals PC Maintenance&Service Facilities L-1 Park&Recreation Facilities PC Public Safety Facilities PC Religious Assembly PC Residential Care, General. PC Schools,Public or Private PC Utilities,Major PC Utilities,Minor P Commercial Uses Eating and Drinking Establishments L-2 VehiclelEquipmerrt Sales and Services L-1 Commercial Parking Facility L-3 Accessory Uses Accessory Uses and Structures P/U Temporary Uses (A) Animal Shows TU Circuses and Carnivals TU Commercial Filming,Limited TU Trade Fairs TU Nonconforming Uses (B) Chapter 214 2I4-2 02/08/94 Ordinance No. 3254 PS District: Additional Provisions L-1 City-owned facilities are permitted; all other facilities require a conditional use permit from the Planning Commission. L-2 Permitted as an accessory use in a cultural,educational,hospital,or medical institution occupying no more than 5,000 square feet,only if there is no separate entrance or sign. L-3 Public parking permitted,but commercial parking facilities on City-awned land require a conditional use permit from the Planning Commission. (A) See Section 241.20: Temporary Use Permits. (B) See Chapter 236:Nonconforming Uses and Structures. 214.08 PS District: Development Standards The following schedule prescribes development standards for the PS district. The first column prescribes basic requirements for permitted and conditional uses in the district. Letters in parentheses in the"Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defiied 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. Chapter 214 214-3 02/08/94 PS DISTRICT DEVELOPMENT STANDARDS PS Additional Requirements Nonresidential Development (A) Minimum.Lot Area 2 ac Minimum Lot Width(ft.) 100 Minimum Setbacks Front (ft.) 10 (B)(C)(M) Side(ft.) - (D) Street Side(ft.) 10 (C) Rear(ft.) - (D) Maximum Height of Structures(f L) 50 (D)(E) Maximum Floor Area.Ratio(FAR) 1.5 Minimum Site Landscaping(%o) 8 (F)(G) Building Design Standards (L)m Fences and Walls (H)(1) Off-Street Parking/Loading (]) Outdoor Facilities See Section 230.74 (K) Screening of Mechanical Equipment See Section 230.76 (K) Refuse Storage Areas See Section 230.78 . Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 Chapter 214 214-4 02/08/94 Ordinance No. 3254 PS District: Additional Development Standards (A) See Section 230.62: Building Site Required- (B) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (C) A minimum 50-foot setback is required along Beach Boulevard,Edinger Avenue, and Pacific Coast Highway or 25 foot setback with the setback area entirely landscaped. (D) Along a side or rear property line abutting an R district,a I 0-foot setback is required, and structures within 45 feet of the district boundary shall not exceed IS feet in height. (E) See Section 230.70: Measurement of Height and Section 230.72:Exceptions to Height Limits. (F) Planting Aim: (1) Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least 6 feet in height (2) A 10 oot wide landscaped strip shall be provided along all street frontages, except for necessary driveways and walks. (G) See Chapter 232: Landscape Improvements. (H) See Section 230.88: Fencing and Yards. (1) A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of an existing ground-floor residential use. However,where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line,the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height. (J) See Chapter 23 1:Off-Street Parking and Loading. (K) See Section 230.44 Recycling Operations and Section 230.80: Antennae and Microwave Equipment. (L) A front or street side wall surface shall be no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in depth and one-quarter of the building length, or a series of offsets,projections or recesses,at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of 4 feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244. Chapter 214 214-5 02/09/94 t (No 4n frontages adjacent to major or primary arterials at least 40 percent of a building surface may be located at the minimum setback line if additional landscaping is provided on the site. ate, 214.10 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 for projects requiring conditional use permits. Design Review shall be required for all projects except temporary uses. A Coastal Development Permit is.required for projects in the Coastal Zone unless the project is exempt(see Chapter 245). Chapter 214 214-6 02/08/94 Ordinance No. 3254 ffi Sections: 215.02 Specific Plan District Established 21.5.04 SP District: Land Use Controls 215.06 SP District: Development Standards 215.08 Initiation 215.10 Required Plans and Materials 215.12 Planning-Commission Action 215.14 Status of Specific Plan 215.16 Zoning Map Designation 215.18 Review of Plans n 215.02 Specific Plan District Established The SP Specific Plan District is established by this chapter. This district provides areas for the development and administration of Specific Playas,prepared in accord with the Government Code and consistent with the General Plan. o 215.04 SP District: Land Use Controls No use other than an existing use shall be permitted in a SP district except in accord with a valid rs Specific Plan. Any permitted or conditional use authorized by this ordinance may be included in an adopted Specific Plan,consistent with the General Plan land-use designation(s)for land within the SP district. ne„ 215.06 SP District: Development Standards A, Mh9M=—A-r-M, The minimum net area of a SP district shall be 2 acres,provided that a SP district may be subdivided in accord with a valid Specific Plan. B. Residential Unit Density. The total number of dwelling units in a SP Plan shall not exceed the maximum number permitted by the General Plan density for the total area of parcels designated for residential use. C. Performance Standards= The performance standards prescribed by Section 230.82 shall aPPly. D. Other.Development Standards Other development standards shall be as prescribed by the Specific Plan- Chapter 215 215-1 02/08/94 215.08 Initiation An amendment to reclassify property to a SP District may be initiated by a property owner or authorized agent,the Planning Commission,or the City Council. If the property is not under a single ownership, all owners shall join in the application,and a map showing the extent of ownerships shall be submitted with concept plans and materials. 215.10 Required Plans and Afatert& In addition to the plans and materials required to accompany an application for a zoning map amendment by Chapter 247, an application for rezoning to a SP district shall include a Specific Plan incorporating the following information: A. A map showing proposed district boundaries and the relationship of the district to uses and structures within a 300-foot radius of the district boundaries. B. A map or aerial photo of the proposed district and 100 feet beyond its boundary showing sufficient topographic data to indicate clearly the character of the terrain;the type,location, and condition of trees and other natural vegetation; and the location of existing development. C. The proposed pattern of land use,with acreage and residential density computations. D. The proposed street and lot pattern. E. Typical building elevations and sections. F. A statement explaining the reasons that justify use of a SP,District for the project in relation to the findings required by Section 215.12(A). 215.12 Planning Commission Action The Planning Commission shall consider an application for reclassification to a SP district as prescribed in Chapter 247 and shall at the same time consider the proposed Specific Plan accompanying the application. A recommendation of the Commission to reclassify to a SP district shall be accompanied by a resolution recommending a Specific Plan. A. RiMuired Findings. The Planning Commission shall recommend to the City Council approval or conditional approval of a Specific Plan upon finding that: I The Specific Plan is consistent with the adopted Land Use Element of the General Plan and other applicable policies and is compatible with surrounding development; 2. The Specific Plan will enhance the potential for superior urban design in comparison with the development under the base district provisions that would apply if the Plan were not approved; Chapter 215 215-2 02108/94 Ordinance No. 3254 I Deviations from the base district provisions that otherwise would apply are justified by compensating benefits of the Specific Plan;and 4. The Specific Plan includes adequate provisions for utilities, services, and emergency vehicle access; and public service demands will not exceed the capacity of existing and planned systems. 215.14 Status of Specific Plan A Specific Plan adopted by resolution of the City Council shall be administered as prescribed by the Council, consistent with the Government Code, Section 65450 et seq. 215.16 Zoning Map Designation A SP district shall be noted by the designation"SP," followed by the number of the SP district based on order of adoption. Specific Plans shall be noted by the designation"SP" followed by the name and number of the SP District and the name of the Specific Plan. PTI 215.18 Review of Plans Application for building permits for projects in a SP District shall be accepted only if project plans are consistent with a valid Specific Plan and with all other applicable requirements of the Municipal Code. Chapter 215 215-3 02/08/94 INT'EETIMONALL'Y' LEFT BLANK Ordinance No. 3254 TITLE 22 overlay districts I ONALL NUNn LEFT LANK Ordinance No. 3254 1 .sxn.�s�::.:mx•�INN Sections: 220.02 Oil Production Overlay District Established 220.04 Zoning Map Designator and Applicability 220.06 Area Requirements 220.08 Reuse Plan Required 220.10 Criteria for Approval of a Reuse Plan 220.12 Site Compliance 220.14 Land Use Controls and Development Standards 220.16 Portable Equipment Required 220.18 Application for Designation 220.20 OI District-Dedication Requirements 220.22 Waiver or Reduction of Dedication Requirements 220.24 Criteria for Waiver of Reduction of Dedication Requirements 9680-2 . 220.02 Oil Production Overlay Districts Established 9691 9692 The Oil Production Overlay District and a subdistrict are established by this chapter as follows: A. The O District provides areas to accommodate only oil operations with no drilling. B. An OI subdistrict designation provides areas where oil drilling is allowed, subject to a conditional use permit. 9680 2 220.04 Zoning Map Designator and Applicability The zoning map shall show all property affected by adding an"-O" or"-O 1"to the base district designator. The provisions in this chapter shall apply in addition to the requirements of any district with which the O or 01 District is combined. Where conflicts arise,the provisions of this chapter shall govern- 19681-21 220.06 Area Requirements 9682.1 O District:The minimum area required to establish an O District is 1,500 square feet,with a minimum width of25 feet and a minimum length of 60 feet. OI District: The minimum area required to establish an 01 District is 15,000 square feet, with a minimum width of 100 feet and a minimum length of 150 feet. Chapter 220 220-1 02/14/94 FS-03 1 220.08 Reuse Plan Required No land division or development shall occur on land subject to an 0 or 01 Overlay District unless it is in accord with a plan for the disposition or treabnent of any existing or proposed oil wells or oil operations within the district that has been approved in writing by the oil operator or lessee and approved by the Director, Zoning Administrator or Planning Commission in accord with Section 220.10. The subdivider or developer shall send the plan by certified mail to the oil operator or lessee for review, comment and approval. Upon receipt of the oil operator's or lessee's approval and/or comments,the subdivider or developer shall submit the plan and the approval and/or comments to the Director and Fire Chief. A. If the oil operator or lessee has approved the plan,the Fire Chief may recommend the Director approve the plan upon finding it conforms to all applicable provisions of the Municipal Code. B. If the oil operator or lessee does not approve the plan,and if the Director and Fire Chief find the plan in compliance with the Municipal Code,then the plan and any comments of the oil operator or lessee shall be transmitted to the Director. The Director shall forward the plan and comments to the Zoning Administrator or Planning Commission for review in conjunction with the entitlement proceedings,if required. The oil operator or lessee shall be notified by certified mail at least seven days prior to the review. Failure to submit and obtain approval of a reuse plan shall be grounds for disapproval of the proposed subdivision,division of land or development FFO-41 220.10 Criteria for Approval of a Reuse Plan The Director, Zoning Administrator or Planning Commission may approve the plan only upon finding that: A. Open spare has been reserved around the oil operation site to allow for all existing:and future equipment which could reasonably be expected to be used on the site,including any setbacks from new development required by the Fire Chief; B. Access from a public street or alley to all operation sites is provided for portable equipment and emergency vehicles; C. Expansion of the existing facilities,if permitted in the 0 District,can be accomplished; D. Any proposed development includes all provisions for soundproofing and fire protection required by the Fire Chief,and E. Screening of oil facilities from any new development are included in the reuse plan. Chapter 220 220-2 02114194 Ordinance No. 3254 220.12 Site Compliance No subdivision or development shall occur on property designated 0 or 01 unless said property is in compliance with Title 15,the Uniform Fire Code,and any other applicable Federal,State,County or local rules or regulations,and approved by the Fire Chief. Site compliance includes,but is not limited to oil well abandonment and contaminated soil remediation. 9681 220.14 Land Use Controls and Development Standards 96ffi The land use controls and development standards applicable in an 0 or 01 District shall be a prescribed by the base zoning district within which it is combined,unless modified by another overlay district and by the following restrictions. A. O Distact: Any oil operation except drilling is allowed,subject to approval by the Fire Chief. B. 01 District: Drilling and any oil operation are allowed,subject to approval of a conditional use permit by the Planning Commission. 9681.1 220.16 Portable Equipment Required No person or persons shall use or cause to be used any equipment in an O District for ' drilling,redrilling,rework,well servicing or repair except portable equipment or such other equipment as may be approved by the Fire Department. No person or persons using such equipment or causing such equipment to be so used,shall maintain or store said equipment in an O District upon completion of the work for which such equipment was used 968I3 220.18 Application for Designation Any person requesting that an 0 District be established on a property shall submit the following information to the Director: A. Complete legal description of the property. B. Plot plan showing the location of all existing and proposed oil facilities including,but not limited to,wells,tanks,dikes,pipelines,heaters,and storage sheds. The plan shall also show the location of accessways from any well to a public street or alley. C. The location of the nearest public road, street,or alley,and occupied residence or commercial structure and places of public assembly within 500 feet of each well. 96E 2 220.20 01 District-Dedication Requirements Prior to issuance of a drilling permit for a new well located on any 01 parcel abutting a public street,alley or highway,all real property shall be dedicated or an irrevocable offer of Chapter 220 220-3 03/1 I/94 dedication made of such real property which the City requires for streets and alleys,including access rights and abutters'rights,drainage,public utility easements,and other public easements. In addition, all streets and alleys shall be improved,or an agreement entered into for such improvements,including curbs,gutters,sidewalks,paving,street trees, street lights, and street drainage in ftffl compliance with the City's standards. 220.22 Waiver or Reduction of Dedication Requirements IL I An oil operator may apply for a waiver or reduction of dedication and improvement requirements when applying for a conditional use permit for drilling,and any such waiver or reduction, when granted,shall apply only to the well or wells specified in,the application. 19U2-4 220.24 Criteria for Waiver or.Reduction of Dedication Requirements The Planning Commission shall approve,conditionally approve, or deny the request for a waiver or reduction of dedication requirements after considering the following factors: A. Estimated period of time that the proposed new well(s) and related facilities will be in operation; B. Degree of intensity of development of surrounding area; C. Effect of the proposed well on vehicular traffic in the vicinity of the site-, and D. Extent of the proposed oil well operation. Chapter 220 2204 02/14/94 Ordinance No. 3254 � Syr mom ,...H,. - .C$ � "'yY- Sections: 221.02 Coastal Zone Overlay District Established 221.04 Zoning Map Designator 22106 Requirements for Coastal Development Permit 221.08 Land Use Controls 221.10 Guarantees of Public Access 221.12 Coastal Access and Public Use Areas,Signs Required 221.14 Preservation of Visual Resources 221.16 Community Facilities 221.18 Diking,Dredging,and Filling 221.20 Hazards 221.22 Buffer Requirements 221.24 Energy Facilities 221.26 Residential Density Limitations 221.28 Maximum Height 221.30 Off-Street Parking Requirements 221.32 Landscaping 221.34 Signs 969.9.0 221.02 Coastal Zone Overlay District Established The purpose of the CZ Coastal Zone Overlay District is established to provide supplementary provisions and specify permitted uses for the City's Coastal Zone,consistent with the California Coastal Act of 1976(Division 20 of the Public Resour�e,�. Code) and the General Plan_ 969 93 221.04 Zoning Map Designator The Zoning Map shall show all property subject to the provisions of this chapter by adding a "-CZ" designator to the base district designator. 969.9.4 221.06 Requirements for Coastal Development Permit Any development in a CZ Overlay District shall require a Coastal Development Permit issued pursuant to Chapter 245 unless the development is exempt. Chapter 221 221-1 02/14/94 221.08 Land Use Controls The land use controls for the CZ Overlay District shall be those of the base district with which the CZ Overlay District is combined. Where conflicts arise,the provisions of this chapter shall govern. 96995 221.10 Guarantees of Public Access 969.9.5.1 969.9.5.2 96919.5 3 969.91A A. Dedications of public access to coastal-resources is required within the CZ District as a condition of development prior to issuance of a coastal development permit except on pre-existing residential lots winch do not front a sandy beach or which have bulkheads and are not adjacent to recreation or public use areas. The City may accept offers of dedication for public access consistent with its ability to assume maintenance and liability.If not accepted by the City,offers of dedication of access may be accepted by any other public agency or private association,provided that such other agency or association shall be able to assume maintenance and operation of the accessway prior to opening it to the public. B. Easement for Public A&=Required. Prior to implementation of a coastal development permit,the applicant shall cause to be executed and recorded in a form and content approved by the Director and the City Attorney,for an easement for public access and passive recreation to and along the shoreline. 1. Lateral g=sEalo-ngsmdy-beaches: The easement shall be for the length of the property from the mean high tideline to a point 25 feet inland from this line- 2. L 4te acces$alone othe-r-shoreliM se.&Me_=: The easement shall be for the length of the property from the mean high tideline to a point 10 feet inland from the mean tide line. 3. Vcr'cal access The easement shall be sufficient to provide adequate public access from a public fight of way to the beach or other shoreline segment 4. The easements shall be recorded free of prior Hens except for tax Hens, which shall remain the liability of the owner of the fee,and free of prior encumbrances which the Director determines may affect the interest being conveyed. The offers shall run with the laud,binding successors and assigns of the applicant or landowner,and shall be irrevocable for a period of 21 years from the date of recordation. 221.12 Coastal Access and Public Use Areas,Signs Required As a condition of new development on lots on or adjacent to recreation areas,public accessways,public use areas,trails,bikeways or the shoreline, or in conjunction with dedications of lateral or vertical access,the applicant shall provide signs identifying the public access and public use areas. Chapter 221 221-2 02/14/94 Ordinance No. 3254 �.9.6 221.14 Preservation of Visual Resources An applicant proposing new development shall provide the Director with an evaluation of the projects visual impact, and incorporate in its design,to the satisfaction of the Director,the following elements: A. Preservation of public views to and from the bluffs,to the shoreline and ocean, and to the wetlands; B- Preservation of existing mature trees to the.maximum extent feasible. 221.16 Community Facilities Prior to the issuance of a coastal development permit the Director shall determine that adequate public services and facilities will be available to serve the proposed development, consistent with the General Plan. 19699-8 221.18 Diking,Dredging,and Filling Diking,dredging or filling shall be permitted only where there is no feasible,less environmentally-damaging alternative and where feasible mitigation measures have been provided, consistent with the OS-C Open Space-Conservation Sub-District in Chapter 213. F%-9-799 221.20 Hazards As a condition of new development,the applicant shall be required to submit a report evaluating geologic, seismic,flood and fire hazards, and shall be designed to: A. Comply with all recommendations and provisions contained in the Alquist- Priolo Special Studies Zones Act{California :1a Public&&Qurces ode Chapter 7.5)for identified seismic hazards. B. Comply with all provisions relating to the FP Floodplain Overlay District, if applicable. C. Comply with all provisions relating to Methane Districts as defined in Chapter 17.04. Chapter 221 221-3 02/14/94 9 F910 221.22 Buffer Requirements As a condition of development adjacent to environmentally-sensitive habitats delineated in the General Plan,a minimum 100-foot buffer from the landward edge of the habitat within the development area shall be provided. If the existing development or site configuration cannot accommodate a 100-foot buffer,then the buffer shall be designed to: A. Protect the functional relationship between wetland and adjacent upland; B. Ensure that the most sensitive species will not be disturbed significantly by permitted development,based on habitat requirements of both resident and migratory species,and the short and long-term adaptability of various species to the presence of human beings;and C. Allow for interception of any additional material eroded as a result of the proposed development,based on soil,vegetation,slope and runoff characteristics, and impervious surface coverage. 969.9.1] 221.24 Energy Facilities New,modified or expanded energy.facilities shall comply with the following requirements: A. Oil extraction operations shall be located where there are no other feasible,less_ environmentally-damaging locations based on the following priority,with the first location being the most preferable. 1. Existing consolidated islands; 2. New consolidated islands; 3. Existing oil extraction sites; 4. New sites outside the coastal zone; and 5. New sites within the coastal zone. B. New pipelines shall be underground and: 1. Be consolidated in existing pipeline corridors and shall avoid recreation areas and environmentally-sensitive habitat areas unless there is no feasible,less environmentally-damaging,alternative location; 2. Incorporate automatic shutoff valves to isolate any segments carrying hazardous liquids;and Chapter 221 221-4 02/14/94 Ordinance No. 3254 3. Be constructed with erosion control measures and without the use of any chemical herbicides. C. New oil separation and treatment facilities shall be permitted only if. I It is infeasible to utilize excess capacity of existing facilities; and 2. The location and design of the site is consistent with other provisions of the CZ Overlay District and other applicable requirements. 221.26 Residential Density Limitations The density limitations of the base district shall apply to property subject to a CZ Overlay District. Fr97-13 221.28 Maximum Height A. The maximum height limits within the CZ Overlay District are 35 feet for a residential structure and 50 feet for a commercial structure,or the base district height limit, whichever is lower. B. All rooftop mechanical devices, except for solar panels, which may be permitted to exceed the height limit under Section 230.726shall be set back and screened so that they are not visible. 969.9.14 221.30 Off-Street Parldng Requirements All development shall comply with the off-street parking requirements of Chapter 231. If any existing oceanside or on-street parking is removed,it shall be replaced within walking distance of the site on a one-for-one basis in an area that would not result in the loss of any sandy beach area. 221.32 Landscaping All projects within the CZ Overlay District shall comply with the landscape improvement requirements of Chapter 232 unless exempt 221.34 Signs All signs shall comply with Chapter 233. Chapter 221 02/14/94 ON,kLL INTENn LEFT BLANK Ordinance No. 3254 ..:,...ON 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 Constriction 222.16 Variances/Appeals sa0-o-1 222.02 Floodplain Overlay District Established 94002 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. ;4N-4 222.04 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. F94-00 5-1 B. Three subdistricts of the FP Overlay District are designated for purposes of flood 9d0 .7 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 Corp of Engineers. Chapter 222 222-1 02/14/94 2. -F�P2 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 194W-U 222.06 Definitions 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 flooding. 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 and velocity flow may be evident. C. Ar-e—agf,%&ial flood ha7�d. 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. Bm flood. A flood having a 1 percent chance of being equaled or exceeded in any given year(also called the 100-year flood). E. Hasement. Any area of a building having its floor subgrade on all sides. F- Breakaway wall. Any type of wall,whether solid or lattice, and whether constructed or 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 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. Chapter 222 222-2 02/14/94 Ordinance No. 3254 G. Coastal high hazard area. The area subject to high velocity waters including,but not limited to,coastal and tidal inundation or tsunarnis. The area is designated on a FIRM as Zone V and VE and as FP3 in this Chapter. H. De,Lelp=eeat Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures,mining,dredging,f lung, grading,Paving,excavating,or drilling operations. I. Existing manufactured home park qr subdivision.. A manufactured home park or subdivision for which the coast ction of facilities including utilities,final grading or paving of pads and the construction of streets was completed before the effective date of the Ci y's floodplain management regulation. J. Mansion to au existing Mmuk=md home parkor sa ivision. 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 gr flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of island 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 Map(EEM and Flood Boundary and Fkwd)Lav Map. The official maps on which areas of special flood hazard,the risk premium zones and the floodway applicable to the community are delineated. PlA) M. Floes urance Study. The"Flood Insurance Study for City of Huntington Beach;"prepared by the Federal insurance Administration,providing flood profiles,the Flood Insurance Rate Maps,the Flood Boundary and Floodway Maps and the water surface elevations of the base flood. N. F000dplain. Any land area susceptible to being inundated by water from any source. O. Flodplain Mana==. 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. Foodplain man_ap—m t Epmgafions. 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. Floodpmfing. 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. Chapter 222 222-3 02/14/94 R. Moodway. 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. Functio jay dc=dent 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. Hiehest 'acent„gm& 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. MeanSea Level. The National Geodetic Vertical Datum of 1929 or other datum,to which base flood elevations shown on the FIRM are referenced. W. ew 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. 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; nor does it include the installation of streets and/or walkways;nor does it include excavation for a basement,footings,piers,or foundations oft a erection of temporary forms;nor does it include the installation on the property Wabcessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Z. Sjbstanfial darn=, 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. Ompter 222 (222� 02/14/94 Ordinance No. 3254 i AA. Substantial i=mv-ement. Any repair,reconstruction,or improvement of a structure, the cost of which equals or exceeds 50 percent of the replacement cost of the structure before such repair,reconstruction,or improvement. This term does not,however, include: h. 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 replacement cost of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places that will not preclude the structures continued designation. "Replacement cost"of a structure, as used herein, shall be determined by the valuation figures in use by the Director prior to such repair, reconstruction,or improvement. In the aIpmative,the applicant may submit a report by a qualified real estate appraiser. "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 article which permits construction in a manner which would otherwise be prohibited. �aao3 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; and E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. 94 222.10 General Provisions A. Com In lance. 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. Chapter 222 222-5 02/14/94 B. Warning and Disclaimer cif Liabilii-v. 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. 9aoo 8 C. Director--ResponsibiIities. 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 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 flood-way 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. 9aao-9 D. Building Permit eview_ 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. Chapter 222 222-6 02/14/94 Ordinance No. 3254 4. All appropriate certifications required in Section 222.14. 4aoa 11 222.12 Land Use Controls A. -FPI 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. 11 2. Uses Requiring a CQnditignal Use Permit frown the Planing Commission a. Major or minor utilities. b. Temporary structures which can be readily removed in the time available after flood warning. 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. 9".12 3. Prohibited Uses 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. 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. Chapter 222 222-7 02/14/94 B. -FP2 Subdistrict 9aoo•1 1. Perinitted 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. 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. s400.14 2. Prohibited Uses a. Landfills, excavations,improvements, developments, oT 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. yaoo.F6 C. -FP3 Subdistrict 4400.17 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: i. The placement of manufactured homes except in existing parks or subdivisions. 2. Man-made alteration of sand dunes which would increase potential flood damage. 22214 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. saaa.ls A. -FP2 Standards of Construction. 1. Aughoin . All new construction and substantial improvements shall be anchored to prevent flotation,collapse or lateral movement of the structure Chapter 777 222-5 02/14/94 ordinance No. 3254 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 m;n;mize 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 Floodproofine. 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 or 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. 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. d � b. Nonresidential constructiotVhall be either elevated to comply with r�•��m0. 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. C. S$ace 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 meet or exceed the following requirements: (1) Be certified by a California registered engineer or architect;or (2) 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. 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. Chapter 222 222-9 02/14/94 C. All final subdivision plans shall provide the elevation of proposed structures and pads. The final first floor and pads shall be certif ed by a California registered engineer or surveyor and submitted to the Director. 4. Standards for Utilities and Mechanical EQmjpm 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. S. Standards for Manufactured lgomes. a All new and replacement manufactured homes and substantial improvements to manufactured homes shall be elevated on a permanent foundation so that the lowest floor is elevated one foot above the base flood elevation. 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 Sa 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 gf Buildings a. All new construction shall be located on the landward side of the reach of the mean high tide,and fill shall not be used for structural support of buildings. Chapter 222 222-10 02/14/94 Ordinance No. 3254 J ' f 2. Const_mcti.on Methods: a. Elevation. All buildings or structures shall be elevated so that the bottom of the lowest structural member of the lowest floor is located no lower than the base flood elevation level with all space below the lowest structural member open so as not to impede the flow of water,except for 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. b. Structural Super All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns)is elevated at or above the base flood construction proposed conform to accepted standards of practice. The pile or column foundation and structure attached thereto 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. 3. Certification. A California-registered.engineer or architect shall certify to the satisfaction of the Director that the design and methods of construction proposed conform to accepted standards of practice and 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 C. Standards for Recreafion-Yehida. ,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 —FP3 recreational vehicle complies with the Standards for Manufactured Homes,and standards for construction, if applicable. 9400.F9 22216 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 24.1 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. 2. Variances may be granted for new construction and substantial improvement and for other development necessary for the conduct of a Chapter 222 -I 1 . 02/14/94 functionally dependent use provided that the provisions of Chapter 222 are satisfied and that the structure or other development is protected by methods that minimise flood damage during the base flood and create no additional threats to public safety nor public nuisance. 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 stnx-tore 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. 94W20 B. F=►rs to be Cgngidered, 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 may consider the: 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 and the floodplain management program for that area, S. 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 Chapter 222 222-12 02/14/94 ordinance No. 3254 10. Cost of providing government services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer,gas, electic and water services, and streets and bridges. C. ]Eindings 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. Audwft-W ln=s-e ALditioruil Conditions. In addition to the authority to impose conditions under Section 241.14,the Planning Commission may attach conditions to the granting of variances as deemed necessary. E. Records. The Director shall maintain a record of all variance actions and FED findings to justify their issuance,and report such variances to FEMA and FIA upon request. I Nfinimize the danger that materials may be swept onto other lands to the injury of others; 2. Mnimize the dangers of life and property due to flooding or erosion damage; 3. Reduce the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; Chapter 222 222-13 02114/94 INTENTIONALLY LEFT BLANK 'J Ordinance No. 3254 Sections: 223.02 Interim Study Overlay District Established 223.04 Zoning Map Designator 223.06 Land Use Controls 223.08 Development Standards 223.10 Expiration of IS District Ordinance,Renewal 223.12 Resubmittal of Development Proposals per, 223.02 Interim Study Overlay District Established The IS Interim Study Overlay District is established to allow discretionary review of development proposals m areas where changes in zoning provisions are contemplated or under study. 223.04 Zoning Map Designator The IS District may be initiated as prescribed by Chapter 247. Prior to approving an amendment reclassifying land to an IS District,the Planning Commission and City Council shall approve a study plan that identifies regulatory problems and states land-use and development issues to be resolved for the area proposed for reclassification. The IS District may be combined with any base district. Each IS District shall be shown on the zoning map with an "-IS" designator,numbered and identified sequentially by order of enactment and reference to the enacting ordinance. pew 223.06 Land Use Controls A. Conditional Use Permit Required. Approval of a conditional use permit by the Planning Commission shall be required for establishment of a new or expanded use in an IS District,and may be approved for any use classification permitted or conditionally allowed with a conditional use permit in the base district with which the IS District is combined. B. Required Finding's In addition to the findings required for conditional use permits by Chapter 241 and findings that may be required for specific use classifications,approval of a conditional use permit in the IS District shall require a finding that the proposed use will not conflict with the land use and development policies established for the area at the time the IS District was adopted. p 223.08 Development Standards Development standards for the IS District shall be specified by a conditional use permit or shall be those of the base district with which the IS District is combined. Chapter 223 223-1 02/14/94 o 223.10 Expiration of 1S District Ordinance;Renewal An ordinance establishing an IS District shall contain a provision terminating the IS designation up to two years from its effective date. An ordinance establishing an IS District may be amended, reenacted,or superseded by a zoning map amendment adopted as prescribed by Chapter 247. 223.12 Resubmittal of Development Proposals Notwithstanding the provisions of Chapter 241,a conditional use permit application that has been denied,or approved subject to conditions unacceptable to the applicant,may be resubmitted on or after the effective date of a zoning map and/or text amendment superseding an IS District designation. a Chapter 223 223-2 02/14/94 Ordinance No. 3254 Sections: 224.02 Neighborhood Conservation Overlay District Established 224.04 Area Requirements 224.06 Status of NC District and.Approved Plan 224.08 Allowable Modifications to Land Use Controls and Development Standards 224.10 Application for Designation 224.12 Adoption Procedures 224.14 Zoning Map Designator 224.16 Building Permits to Conform to Adopted Plan n 224.02 Neighborhood Conservation Overlay District Established The NC Neighborhood Conservation Overlay District is established to allow property owners to initiate and implement programs for the revitalization or conservation of older areas or districts possessing distinctive features,identity,or character worthy of retention and enhancement, The NC District takes effect through adoption of a Conservation Plan and a set of provisions that will facilitate maintenance and upgrading of the neighborhood and development of vacant or underused lots,while reducing or eliminating incompatible mixes of uses. 224.04 Area Requirements Each NC Overlay District shall include a minimum contiguous area of two acres,including intervening streets and alleys,and shall contain at least three separate parcels. n 224.06 Status of NC Overlay District and Approved Plan Adoption of an NC Overlay District proposal shall be by amendment to the zoning map, in accord with the provisions of Chapter 247,but the map amendment shall not alter the use provisions or development standards of the underlying district. A Neighborhood Conservation Plan shall be approved by the City Council at the same time as the map amendment is adopted,this plan shall establish standards and conditions for development consistent with the purposes of the plan,. All development shall be in accordance with the Conservation Plan,which may be amended as provided in the conditions of approval.The Planning Commission may recommend and.the City Council may approve amendments to the Conservation Plan to allow development in accordance with the underlying zoning provisions rather than as specified by the Conservation Plan Chapter 224 224-1 02/14/94 f 224.08 Allowable Modifications to Land Use Controls and Development Standards After a duly noticed public hearing,the following changes in land use controls and development standards may be approved as part of a Neighborhood Conservation Plan: A. Provisions for specific use classifications may be modified by the Neighborhood Conservation Plan to accommodate unique or mixed uses serving the neighborhood, consistent with the General Plan. B. Development standards may be modified by the Neighborhood Conservation Plan, consistent with the General Plan. 224.10 Application for Designation . A. Owners of 51 percent or more of the land in an area meeting the area requirements of Section 224.04 and one or more of the criteria of Section 224.12(C)may file an application with the City for the designation of the area as an NC Neighborhood Conservation Overlay District.The application may include parcels within one or more base zoning districts.The City Council or Planning Commission may initiate a Neighborhood Conservation Overlay District as prescribed in Chapter 247. B. The application includes the following: I. A statement of purpose and explanation of how criteria of Section 224.12(C)are met. 2. A map indicating the boundaries of all parcels in the proposed NC Neighborhood Conservation Overlay District and the base district(s)contained within the proposed NC District. 3. A Neighborhood Conservation plan consisting of a map and such other textual and graphic material as may be necessary,indication land uses,building types and designs,site development requirements,signing,circulation, off-street parking, and modifications in base district. 224.12 Adoption Procedures A. The Planning Commission shall hold a duly noticed public hearing on the application in accord with the provisions of Chapter 247.Following the hearing,the Commission may recommend approval or conditional approval of the Neighborhood Conservation Plan if it implements the purposes for which designation of the NC District is proposed and is consistent with the General PIan,and shall transmit the application and the plan with its recommendation to the Council. B. The City Council shall hold a hearing as provided by Chapter 247 on any application and plan transmitted to it by the Planning Commission- C. Following the hearing,the City Council may approve or conditionally approve a Neighborhood Conservation Plan and adopt an NC Neighborhood Conservation Overlay Chapter 224 224-2 02/14/94 Ordinance No. 3254 District for the area described in the application subject to one or more of the following criteria: L Distinctive building features,such as period of costructionstyle, size,.,cal,, rhythm,,mass,color,and material; 2. Distinctive features or articles associated with the streetscape, such as light fixtures and devices,signs,benches, curb markers,kiosks,and bollards; 3. Distinctive site planning and natural features,such as lot platting,street layout, setbacks,alleyways,sidewalks,creekbeds,parks, and gardens; 4. Distinctive land uses or land-use patterns,such as mixed or unique uses or activities,not permitted by the base district without modification, D. The City Council shall adopt each Neighborhood Conservation Overlay District by ordinance pursuant to Chapter 247.The adopting ordinance shall include a reference to the approved Neighborhood Conservation Plan for the district,a statement of purposes, and a list of the modifications to the base district standards. 224.14 Zoning Map Designator h NC Neighborhood Conservation Overlay District shall be shown on the zoning map by a 4= C" designator applied to the base district designations,numbered and identified sequentially by order of enactment and referenced to the enacting ordinance. 224.16 Building Permits to Conform to Adopted Plan Applications for building permits for projects located in an NC Neighborhood Conservation Overlay District shall be accepted only if project plans are consistent with the adopted NC District ordinance and the approved Neighborhood Conservation Plan and all other applicable requirements of the Municipal Code. Chapter 224 02/14/94 INUNDONALLY LEFT BLANK 3 Ordinance No. 3254 Sections: 225.02 PlannedADevelopment Overlay District Established 225.04 s'�� Am Requirem is 225.06 Status of wined B=Development Overlay District and Approved Plan 225.08 Allowable Modifications to Land Controls and Development Standards 225.10 Application for D signation 225.12 Adoption of�verlay District and Plan 225.14 Zoning Map Designator 225.16 Building Permits to Conform to Adopted Plan 0 225.02 Planned"evelopment Overlay District Established The W&Planned RkA Development Overlay District is established to permit flexibility in land use controls and development standards where flexibility or coordinated planning for a large site or a site under multiple ownership which will enhance the potential for superior urban design. 225.04 Area Requirements Each�Overlay District shall include a minimum contiguous area of 2 acres. b 225.06 Status of VM Planned&L-Development Overlay District and Approved Plan Adoption of a A district proposal shall be by amendment to the zoning map,but the ordinance amendment not alter the land use controls or development standards of the underlying district. A Plan shall be approved by the City Council at the same time as the ordinance amendment. All development shall be in accord with the Mum Plan,which may be amended as provided in the conditions of approval. The Planning ommission shall recommend,and the City Council shall approve, amendments to the BPlan to allow development in accord with the underlying zoning provisions. ChapW 225 225-1 02/16/94 n 225.08 Allowable Modifications to Land Use Controls and Development Standards After a duly notice public hearing,the following changes in laird use controls and development standards may be approved as part of a Planned Development Plan: A. Allowable floor area ratio(FAR)may be transferred between lots within the same zoning district. B. Standards for specific use classifications may be modified to accommodate appropriately sized accessory uses. C. Site development standards,excluding maximum FAR,residential unit type standards,and parking spaces required,may be modified 225.10 Application for Designation FA D A. A proposed amendment to create a PM Overlay District may be initiated by the Planning Commission,the City Council,or by 100 percent of the owners of the land area within the boundaries of the proposed Plamed-Wook Nreq Development as prescribed by Chapter 247. B. An application' shall include: PX D J. A map indicating the proposed boundaries for the IUD Overlay District; the property of participating owners; and the zoning district designations. 2. A 1&Plan consisting of a map and textual material to delineate land uses and locations,existing and projected building types and schematic designs,height and FAR including any proposals for transfer of FAR,site development requirements,existing and proposed open space,circulation, on-site and off-site parking,and any other pertinent information. 3. A comparison between underlying district provisions and standards and any proposed modifications to these provisions and standards. ppA. 4. A traffic impact analysis to evaluate the impact of the proposed lD on surrounding properties. S. A statement of the reasons for any requested modifications to provisions or standards and a description of proposed means of mitigating any adverse effects. 225.12 Adoption of 1 P D Overlay District and Plan A. The Planning Commission shall hold a duly notice public hearing on the application in accord with the provisions of Chapter 247AP ""Plan owing the hearing,the Commission may recommend approval the if it implements the purposes of which designation of therlay District is proposed,and shall transmit the application and the approved plan to the Council. Chapter 225 225 2 02/16/94 Ordinance No. 3254 B. The City Council shall hold a public hearing as provided by Chapter 247 on any application and plan transmitted to it by the Planning Commission. C. Following the hearing,the City Council may adopt a PRD Planned Eck Developm=lan rlay District for the area described in.the application and approve a permit only after finding that: l. The proposed development will enhance the potential for superior urban _ design; 2. The Jk&Plan is consistent with the General Plan and is compatible with development in the surrounding area; I The 13�Plan includes adequate provisions for utilities, services,and emergency vehicle access, and public service demands will not exceed the capacity of existing systems; 4. The traffic generated by development in accord with the MIMW Plan will not exceed the capacity of affected streets; and S. D. The City Council shall adopt each Planned Block Development Overlay District by ordinance pursuant to Chapter 247. The adopting ordinance shall include a reference to the approved Block Plan for the district,a statement of purposes, 3 and a list of the modifications to the base district provisions. 225.14 Zoning Map Designator � D Each l Planned Development Overlay District shall be shown on the zoning map by a"-MY' designator applied to the base district designations,numbered and identified sequea y by order of enactment and referenced to the enacting ordinance. LLWD 225.16 Building Permits to Conform to Adopted Plan P DMR Applications for building permits for projects located in a PBD Planned ftyuk Development Overlay District shall be accepted only if project plans are consistent with the adopted PBD PA-P District ordinance and the approved Block Plan and all other applicable requirements of the Municipal Code. The ' Plan will not significantly increase shading of adjacent land in comparison with shading from development under the standards that would exist if the Planned AWk Development were not approved Chapter 225 225- 02/16194 INTENTIONALLY LEFT LANK Ordinance No. 3254 See ions: 226.02 High-Rise Overlay District Established 226.04 Applicability and Zoning Map Designator 226.06 Land Use Controls 226.08 Development Standards 9462 226.02 High-Rise Overlay District Established The H High Rise Overlay District is established to allow taller,highrise buildings at appropriate locations. 9462.1 226.04 Applicability and Zoning Map DesignatorL L;,41}--( �nd, +r�ali The H High-Rise Overlay District maybe combined only with the RH 'gh-Density Residential, CO Office Commercial, CG General Commercial,CV Visitor Comm and IG General Industrial districts. The H District boundaries shall be shown on the zoning map by adding the "-H," High-Rise Overlay designator followed by a number indicating the maximum allowable height in feet,a slash, and then a number indicating the maximum number of building stories allowed, such as "CO-H-0/4. Where no numbers are indicated on the zoning map,the height in both feet and stories shall be determined and specified during site plan review,consistent with the General Plan. W23 226.06 Land Use Controls 9462.4 Any use permitted in the base zoning district shall be permitted in the H High-Rise Overlay District. W2.2 226.08 Development Standards 9462.3 9462.4 Development standards shall be those of the base district with which the H District is combined, and the following supplemental requirements shall apply which shall govern in case of conflict. A, Building Height. Development shall not exceed the building height restrictions indicated on the zoning map. B. Lot Size. A minimum lot size of 20,000 square feet and a minimum lot dimension of 135 feet in any direction are required for any proposed building height greater than the base district maximum height. Chapter 226 226-1 02/1.8194 C. Yards. The yard areas indicated below shall be required for all buildings exceeding the base district maximum. The yards shall be clear of all structures from the ground to the sky,except as otherwise permitted by provisions of this ordinance controlling building protections. Required Setback 1. Yards abutting a street 20 feet plus 1 foot for each foot above base district maximum height 2. Yards abutting an R district 3. Yards abutting non- Same as base district, residential district minimum 10 feet D. leaf&. A minimwn 10-foot landscaped buffer shall be provided around all buildings over base district maximum height. E. upper-Story Set k Adjacent to_an R District No sftucture shall intercept a 1:1 or 45- degree daylight plane inclined inward from a height 15-feet above existing grade at the R District boundary. r� s' i f �Y�d 50�ec�+ bus -Poo for �ver`� Z feet o taui t di n� he'ti�1,i e �+5e7di5h'ic(- sra�imw� heigl�E Plas above- 1 �naE �reveYy fin2 to ��� o� bw+I�rn9 lev9fh �ccun +i ,L c�a,,„�ori proFer�-y Cater 226 226-2 02/18/94 Ordinance No. 3254 Mwm NOW a IBM Sections 227.02 Mobilehome Overlay District Established 227.04 Zoning Map Designator 227.06 Criteria for Application of Zone. 227.08 Uses Permitted. 227.10 Removal of the Mobilehome Park Overlay District or Change of Use. 227.02 Mobilehome Overlay District Established The MHP Mobilehome Overlay District is established to permit parcels of land developed with mobilehome parks and zoned with a base zoning district designation and provide a transition from the present mobilehome park use to the uses permitted in the base zoning district. 227.04 Zoning Map Designator The Zoning Map shall show all property subject to the provisions of this chapter by adding a"1V¢1P'° designator to the base zone. gz7o� 227.06 Criteria for Application of Zone. The City Council, in malting its determination whether to apply the MHP zone to any particular Property pursuant to Chapter 247, shall consider the following factors as to whether such zone is appropriate: A. Existing zoning and general plan designations. B. The age and condition of the mobilehome park. C. The relationship of the mobilehome park to surrounding land uses- D. Vehicle access to the area under consideration. E. Site area. F. Site configuration. Chapter 227 227-1 02/18/94 I 9270.4 227.08 Uses Permitted. The following uses shall be permitted in an NIHP overlay district. A. Mobilehome parks as regulated by the state of California. B. Accessory uses and structures incidental to the operation of mobilehome parks such as recreation facilities and/or community centers of a noncommercial nature, either public or private storage facilities for the use of the mobilehome park residents and any other uses or structures that are incidental to the operation of a mobilehome park. C. Whenever property is designated with the NW overlay,any use permitted by the base zone of such property shall not be permitted. 9zTo.4 227.10 Removal of the Mobilehome Overlay District or Change of Use. A zoning map amendment to remove the NIHP overlay designation or approve a change of use shall be subject to the provisions of Chapters 234 and 247. Chapter 227 227 2 02/18/94 Ordinance No. 3254 TITLE 23 provisions applying in all or several districts INTENTIONALLY LEFT LANK Ordinance No. 3254 ,M 3 . � , , Sections: 230.02 Applicability Residential Districts 230.04 Front and Comer Side Yards in Developed Areas 230.06 Religious Assembly Yard Requirements 230.08 Accessory Structures 230.10 Accessory Dwelling Units 230.12 Home Occupation in R Districts 230.14 Affordable Housing-Incentives/Density Bonus 230.16 Manufactured Homes 230.18 Subdivision Sales Offices and Model Homes 230.20 Payment of Parkland Dedication In-Lieu Fee 230.22 (Rewyod) kes,dewga! 140 l-e DevGlppmewls 230.24 (Reserved) 23026 (Reserved) 230.28 (Reserved) 230.30 (Reserved) Non-&sideTW l istri= 230.32 Service Stations 230.34 Housing of Goods 230.36 Transportation Demand Management 230.38 Game Centers 230.40 Helicopter Takeoff and Landing Areas 230.42 Bed and Breakfast Inns 230.44 Recycling Operations 230.46 Single Room Occupancy 230.48 Equestrian Centers 230.50 (Reserved) lnc�oar ux�p�e� /Flea Marks 230.52 (Reserved) 230.54 (Reserved) 230.56 (Reserved) 230.58 (Reserved) 230.60 (Reserved) All stricts 230.62 Building Site Required Chapter 230 230-1 02/16/94 230.64 Development'on Substandard Lots 230.66 Development on Lots Divided by District Boundaries 230.68 Building Projections into Yards and Courts 230.70 Measurement of Height 230.72 Exceptions to Height Limits 230.74 Outdoor Facilities 230.76 Screening of Mechanical Equipment 230.78 Refuse Storage Areas 230.80 Ant=iae and Microwave Equipment 230.82 Performance Standards for All Uses 230.84 Dedication and Improvements 230.86 Seasonal Sales 230.88 Fencing and Yards 230.90 Contractor Storage Yards/Mulching Operations 230.92 Landfill Disposal Sites 230.02 Applicability Tlus chapter contains supplemental land use and development standards,other than parking and loading,landscaping and sign provisions,that are applicable to sites in all or several districts. These standards shall be applied as specified in Tide 2 1:Base Districts,Title 22: Overlay Districts,and as presented in this chapter. Residential Districts 230.04 Front and Street Side Yards in Developed Areas Where lots comprising 60 percent of the frontage on a blockface in an R district are improved with buildings that do not conform to the front-yard requirements,the Planning Commission may adopt by resolution a formula or procedure to modify the front and street side-yard setback requirements. The Planning Commission also may modify the required yard depths where lot dimensions and topography justify deviations. Blocks with such special setback requirements shall be delineated on the zoning map. 230.06 Religious Assembly Yard Requirements Yards,height and bulk, and buffering requirements shall be as specified by a conditional use permit,provided that the minimum interior side yard and rear yard shall each be 20 feet. Yards adjoining street property lines shall not be less than required for a permitted use. 19130-131 230.08 Accessory Structures !9120.11 A. Timing. Accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site,except that construction trailers may be placed on a site at the time site clearance and grading begins and may remain on the site only for the duration of construction- B. Location Except as provided in this section,accessory structures shall not Chapter 230 230-2 02116/94 Ordinance No. 3254 occupy a required front, side or street side yard or court, or project beyond the front building line of the principal structure on a site. An accessory stricture shall be setback 5 feet from the rear property line except no setback is required for accessory structures,excluding garages and carports,which abut an alley. No accessory structures shall be permitted off-site. C. Maxi3num Height. 15 feet, except a detached garage for a single family dwelling may exceed the maximum height when it is designed to be architecturally compatible with the main.dwelling and does not include habitable floor area. D. Maximum Size in RL District. In an RL district,the total gross floor area of accessory structures more than 4 feet in height that are not attached to a dwelling shall not exceed 600 square feet or 10 percent of lot area,whichever is more. E. Patio Covers. A patio cover open on at least 2 sides and complying with all other provisions of this subsection may be attached to a principal structure provided a 5-foot clearance to all property lines is maintained. F. Decks. A deck 30 inches or less in height may be located in a required yard- G. Se a ri. The distance between buildings on the same lot shall not be less than 10 feet: 9�yoa 230.10 Accessory Dwelling Units A. Permft Required. Accessory dwellings may be permitted in all R districts on lots with a single family dwelling subject to a conditional use permit issued by the Zoning Administrator. Applications shall be submitted to the Director accompanied by the required fee,plans and elevations showing the proposed accessory dwelling and its relation to the principal dwelling, descriptions of building materials, landscaping and exterior finishes to be used and parking to be provided, and any other information required by the Director to determine whether the proposed unit conforms to all requirements of this code. The Zoning Adn inistrrator shall approve a conditional use permit for an,accessory dwelling unit after a duly noticed public hearing upon finding tat- 1. The dwelling conforms to the design and development standards for accessory dwelling units established in Subsection(C)of this section; 2. The accessory unit maintains the scale of adjoining residences and is compatible with the design of existing dwellings in the vicinity in terms of building materials,colors and exterior finishes; Chapter 230 230-3 02/16/44 i✓11U+r+1 U �`! Sr2li l YlB Y1'u �m�""� �5fuaar rw,�yc yr rHc ctc�r ar y 2. atu�ealiri� �ee� CvSv syu +e �e-P-i a..,tic( shall na+ re -!ln�n one beAK10m. 0 Govr��+n rY�o `�rkip,,. o�ed�Ga�ivn F0.ykIa4d p0.diG 1'on !rt-lies .. G2 1} -NY a { sha tl be ae55 Q� (w�ion eF �tnr t!`}Y C°`cv`c` a�nc{ IYI E.eioferce, as SQ} by r 1 1 - P&j 3. The main dwelling or the accessory dwelling will be owner-occupied; and i 4. Public and utility services including emergency access are adequate to serve both dwellings. Design and Dovelopment Standards. 1. Minimum Lofk m. 6,000 square feet. j L* 3 2-. Required Setbacka. Accessory drivelling units shall comply with i minimum setbacks of Chapter 210. t 3 Heigh and Building Coverage. The basic requirements of Chapter 210 shall apply unless modified by an overlay district. -5-tk Raddo . One additional off-street parking space shall be required for an accessory dwelling. All parking spaces shall comply with Section 231.06. dw�•�9' `�. Design. The ' shall be attached to the main dwelling unit in mi.# such a manner as to create an architecturally unified whole,not resulting in any change to the visible character of the street. The entrance to the ace .y dwe<I%�y-se�unit shall not be visible from the street in front of the main dwelling unit. Building materials,colors and exterior finishes should be . substantially the same as those.on the existing dwelling. t C. dOmmer welling The�wrm#shall not be sold separately from the main unit. D. Conditigns Recorded. The conditional use permit and conditions of approval shall be filed for record with the County Recorder within 30 days of approval. Evidence of such filing shall be submitted to the Director within 30 days of approval. o3s 230.12 Home Occupation in R Districts A. Permit Required. A home occupation in an R district shall require a Home Occupation Permit,obtained by filing a completed application form with the Director. The Director shall approve the permit upon determining that the proposed home occupation complies with the requirements of this section_ B. Contents of Application. An application for a Home Occupation Permit shall contain: L The name,street address, and telephone number of the applicant; 2. A complete description of the proposed home occupation,including number and occupation of persons employed or persons retained as Chapter 230 (Z30-4J 02/16/94 independent contractors,amount of floor space occupied,provisions for storage of materials,and number and type of vehicles used. C. Raui W Conditions. Home occupations shall comply with the following conditions: l. A home occupation shall be conducted entirely within one room in a dwelling.No outdoor storage shall be permitted. Garages shall not be used in connection with such business except to park business vehicles. 2. No one other than a resident of the dwelling shall be employed on-site or report to work at the site in the conduct of a home occupation This prohibition also applies to independent contractors. 3. There shall be no display of merchandise,projects, operations, signs or name plates of any kind visible from outside the dwelling. The appearanceof the dwelling shall not be altered,nor shall the business be conducted in a manner to indicate that the dwelling or its premises is used for a non-residential purpose,whether by colors,materials, construction, lighting,windows, signs,sounds or any other means whatsoever. 4. A home occupation shall not increase pedestrian or vehicle traffic in the neighborhood 5. No commercial vehicle or equipment used in conjunction with the home occupation shall be parked overnight on an adjacent street or in any yard visible from the street.. 6. No motor vehicle repair for commercial purposes shall be permitted. A home occupation shall not include an office or salesroom open to visitors, and there shall be no advertising of the address of the home occupation. 7. A conditional use permit shall be issued by the Zoning Administrator when a home occupation involves instruction and/or service,e.g. music lessons,beauty shop,swimming lessons. Where a home occupation involves swimming instruction in an outdoor swimming pool,each swimming class shall be limited to 4 students,and no more than 2 vehicles shall be used to transport students to such classes. 973038 8. Any authorized City employee may inspect the premises of a home occupation upon 48 hours notice to ascertain compliance with these conditions and any requirements of this code. The permit for a home occupation that is not operated in compliance with these provisions shall be revoked by the Director after 30 days written notice unless the home occupation is altered to comply. 230.14 Affordable Housing IncentiveslDensity Bonus F%-37-1 A. When a developer of a residential property which is zoned and general planned 918 to allow five 5 or more dwelling units( ) lhng proposes to provide affordable housing, Chapter 230 230-5 02/16/94 he or she may request a density bonus and/or other incentive through a conditional use permit subject to the provisions contained in this section. A density bonus request pursuant to the provisions contained within this section shall not be denied unless the project is denied in its entirety. 9637.1b B. The City may grant incentives to the developer. An incentive includes,but is not limited to the following: 1. A density bonus. 2. A reduction in site development standards or architectural design . requirements which exceed the minimum,building standards contained within the Uniform Building Code as adopted by the City including,but not limited to,a reduction in setback,lot coverage, floor area ratio,parking and openspace requirements. 3. Approval of named use zoning in conjunction with the housing project of commercial,office,industrial,or other land uses will reduce the cost of the housing development and if the commercial, office,industrial,or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. 4. A reduction in development and/or processing fees. 5. Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable cost reductions. 6. Financial assistance by the City,i.e.,housing set-aside funds. 7. Other incentives mutually agreeable to the City and developers consistent with all City, State and Federal laws,rules, standards, regulations and policies. 4637.2 C. Targg t rents/ OUM pats. 1. For the purposes of this section,units designated for moderate income household shall be affordable at a rent or mortgage payment that does not exceed twenty-five(251/6)percent of the gross family income. . 2. For the purpose of this section,units designated for lower income households shall be affordable at a rent or mortgage payment that does not exceed thirty(30%)of sixty(60%)percent of the Orange County median income as defined by the State of California Department of Housing and Community Development. 3. For the purpose of this section,those units designated for very low income households shall be affordable at a rent or mortgage payment that does not exceed thirty(30%)percent of fifty(50%)percent of the Orange Chapter 230 230-6 02)25/94 ordinance Na. 3254 County median income as defined by the State of California Department of Housing and Community Development. s 37-3 1 D. Affoxdab' itv reaui=ents. 1. Pmentage,of affordable units=aired. To qualify for a density bonus and/or other incentives,the developer of a residential project must agree to one of the following: a. Provide at least twenty(20%)percent of the total units of the housing development for lower income households; or b. Provide at least ten(10%)percent of the total units of the housing development for very low income households;or C. Provide at least fifty(50%)percent of the total units of the housing development for qualifying senior residents. The density bonus shall not be included when determining the number of housing units required to be affordable. Remaining units may be rented, sold,or leased at "market" rates. If a developer is granted a density bonus in excess of twenty-five(25%) percent,those additional units above the twenty-five(250%)percent may be required to be maintained affordable for"moderate income" households. 2. DYuation of affordability. Units required to be affordable as a result of the granting of a density bonus and other incentives shall remain affordable for thirty(30)years. If the City does not grant at least one concession or incentive pursuant to this article in addition to the density bonus,or provides other incentives in lieu of the density bonus,those units required to be affordable shall remain so for ten(10)years; 3. Affordable unit distribution and yraduct mix. Affordable units shall be located throughout the project and shall include a mixture of unit types in the same ratio as provided throughout the project; 4. AME&WIfty mo ent. Affordability shall be guaranteed through an "Affordability Agreement" executed between the developer and the City. Said agreement shall be recorded on the subject property with the Orange County Recorder's Office as provided in Section 65915,et seq.of the Californi4 Q vgmment Code,prior to the issuance of building permits and shall become effective prior to final inspection of the first unit. The subject agreement shall be legally binding and enforceable on the property owner(s),and any subsequent property owner(s)for the duration of the agreement. The agreement shall include,but is not limited to,the following items: a. The number of and duration of the affordability for the affordable units. Chapter 230 230-7 02/16/94 _ 1 b. The method in which the developer and the City are to monitor the affordability of the subject affordable units and the eligibility of the tenants or owners of those units over the period of the agreement; C. The method in which vacancies will be marketed and filled; d. A description of the location and unit type(bedrooms.floor area, etc.)of the affordable units within the project; and e. Standards for maximum qualifying household incomes and standards for maximum rents or sales prices. 5. City Action. Pursuant to this section the City shall: a. Grant a density bonus and at least one of the concessions or incentives identified in section 230.18B unless the City makes a written finding that the additional concession or incentive is not required in order for rents or mortgage payments to meet the target rates; or b. Provide other incentives of equal value to a density bonus as provided in Section 65915,et seq. of the California Goyc= Cade. The value of the other incentives shall be based on the land cost per dwelling unit. 497 E.E. W—o-ce w-e. 1. In addition to submitting all documentation required to apply for a conditional use permit,a developer requesting a density bonus or other incentive pursuant to this section shall include the following in the written narrative supporting the application: a. A general description of the proposed project,general plan designation,applicable zoning,maximum possible density permitted under the current zoning and general plan designation and such other information as is necessary and sufficient. The property must be zoned and general planned to allow a minimum of five(5) units to qualify for a density bonus; b. A calculation of the density bonus allowed. C. In the case that the developer requests the City to modify development standards as another incentive,a statement providing a detailed explanation as to how the requested incentive will enable the developer to provide housing at the target rents or mortgage payments. Modification of development standards will be granted only to the extent necessary to achieve the housing affordability goals set forth herein. d. A statement detailing the number of density bonus units being proposed over and above the number of units normally permitted by the applicable zoning and general plan designations. Chapter 230 230-8 0211&94 Ordinance No. 3254 2. All subsequent City review of and action on the applicants proposal for a density bonus and/or consideration of any requested other incentives shall occur in a manner concurrent with the processing of the conditional use permit and any other required entitlements,if any. If the developer proposes that the project not be subject to impact fees or other fees regularly imposed on a development of the same type,final approval will be by the City Coundl. I The Planning Commission/City Council shall review the subject Affordability Agreement concurrently with the development proposal. No project shall be deemed approved until the Affordability Agreement has been approved by the appropriate reviewing body. 4. The Planning Commission/City Council may place reasonable conditions on the granting of the density bonus and any other incentives as proposed by the applicant However,such conditions must not have the effect, individually or cumulatively,of impairing the objective of CalifQmia Government Code Section 65915 et seq., and this section,of providing affordable housing for qualifying residents,lower or very low income households in residential projects. 5. A monitoring fee,as established by resolution of the City Council,shall be paid by the applicant to the City prior to issuance of a certificate of occupancy for the first unit This fee shall be-n addition to any other fees required for the processing of the conditional use permit, environmental analysis,and/or any other entitlements required. 963771 F. Reglired.findings..,fora royal. I 12okU bonus In granting a conditi6nal use permit for a density bonus, the Planning Commission/City Council shall make all of the following findings: a. The proposed project,which includes a density bonus, can be adequately serviced by the City and County water,sewer,and storm drain systems,without significantly impacting the overall service or system. b. The proposed project,which includes a density bonus,will not have a significant adverse impact on traffic volumes and road capacities, school enrollments,or recreational resources. c. The proposed project which includes a density bonus is compatible with the physical character of the surrounding area. d. The proposed project which includes a density bonus is consistent with the overall intent of the General Plan. 2. Qd=incentives. A request for an additional incentive shall not be denied by the Planning Commission or City Council unless a finding is made that the incentive is not necessary to the establishment of affordable units. Chapter 230 230-9 02116/94 k In granting any other incentives as defined in this article,the Planning Commission/City Council shall be required to make all of the following findings: a. The granting of the proposed other incentive(s)will not have an adverse impact on the physical character of the surrounding area. b. The granting of the proposed other incentive(s)is consistent with the overall intent of the General Plan. C. The granting of the proposed other incentive(s)will not be detrimental to the general health,welfare,and safety of persons worldng or residing in the vicinity. d. The granting of the proposed other incentive(s)will not be injurious to property or improvements in the vicinity. e. The granting of the proposed other incentive(s)will not impose an undue financial hardship on the City. f. If the other incentive is a modification of development standards, the granting of the other incentive is necessary to achieve the target affordable rents/mortgage payments for the affordable units. 230.16 Manufactured Homes 9730.28 A. General Requirements. Manufactured homes may be used for residential purposes if such manufactured home conforms to the requirements of this section and is located in an.R district.. Manufactured homes also may be used for temporary uses,subject to the requirements of a temporary use permit issued under Chapter 241. 9161 B. Lo cation and Djgn.R rem i . Manufactured homes maybe located in any R district where a single-family detached dwelling is permitted, subject to the same restrictions on density and to the same property development standards,provided that such manufactured home meets the design and locational criteria of this subsection. These criteria are intended to protect neighborhood integrity,provide for harmonious relationship between manufactured homes and surrounding uses,and minimize problems that could occur as a result of locating manufactured homes on residential lots. 1. Location Criteria:Manufactured homes shall not be allowed: fWW a. On substandard lots that do not meet the dimensional standards of Chapter 210; b. As a second or additional unit on an already developed lot;or C. As an accessory building or use on an already developed lot. Chapter 230 230-10 02/16/94 Ordinance No. 3254 9161 2. Doom Criteria Manufactured homes shall be compatible in design and appearance with residential strictures in the vicinity and shall meet the following standards: a. Each mani ketured house must be at least 16 feet wide; b. It must be built on a permanent foundation approved by the Building Official; C. It must have been constructed after June 1, 1979, and must be _ certified under the National Manufactured Home Construction and Safety Act of 1974; d. The uniVs skirting must extend to the finished grade; e. Exterior siding must be compatible with adjacent residential structures,and shiny or metallic finishes are prohibited; f. The roof must have a pitch of not fewer than 2 inches vertical rise per 12 inches horizontal distance,with eaves overhangs a minimum of 12 inches; g. The roof must be of concrete or asphalt tile,shakes or shingles complying with the most recent editions of the Uniform Building Code fire rating approved in the City of Huntington Beach,- h. The floor must be no higher than 20 inches above the exterior finished grade; and i. Required enclosed parking shall be compatible with the manufactured home design and with other buildings in the area. 916x C. Cancellation of S to Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of said manufactured home with the State of California shall be canceled,pumant to state laws and standards. Before occupancy,the owner shall provide to the Director satisfactory evidence showing: that the state registration of the manufactured house has been or will, with certainty,be canceled;if the manufactured house is new and has never been registered with the state,the owner shall provide the Director with a statement to that effect from the dealer selling the home. szso 230.18 Subdivision Sales Offices and Model Homes Subdivision sales offices and model homes in conjunction with a subdivision may be permitted subject to approval of a temporary use permit issued by the Zoning Administrator and compliance with the following requirements. A. The office shall be discontinued within 30 days following sale of the last on-site unit. A cash bond shall be posted with the city in the amount of$1,000 for the sale office and$1,000 for each model home to guarantee compliance with the provisions of this code. Chapter 230 230-11 02/16/94 B. The developer or contractor shall famish a site plan showing the placement of the sales office and all model signs,parking signs, directional signs,temporary structures,parking and landscaping. C. No sales office shall be converted or expanded into a general business office for the contractor or developer. n 230.20 Payment of Parkland Dedication In-Lieu Fee All single family and multifamily housing projects,mobile home parks,and any other residential units not covered by Chapter 254 of Title 25,Subdivision Ordinance. These developments shall pay a park in-lieu fee in accordance with the requirements of Chapter 254. The fees shall be calculated according to a schedule adopted by City Council resolution and shall be paid at the tiem a bulding permit is issued. 230.22(Reserved Reside-{W IV911 Lo+ Deve[0prn4-fs (sew�rs�+-F) __ , J 230.24 (Reserved) 230.26 (Reserved) 230.28(Reserved) 230.30(Reserved) '. Non-Residential Dis#ricts 9zz0_14 23032 Service Stations The following supplemental development standards shall apply to the Service Station's use classification. A. Minimum parcel gize.22,500 square feet. B. Minimm frontage. 150 feet and located at intersection of arterial highways. C. Site Layout. Conditions of approval of a conditional use permit may impose restrictions on outdoor storage and display and location of pump islands, canopies and service bay openings and require buffering,screening,lighting,or planting areas necessary to avoid adverse impacts on properties in the surrounding area. D. Design standards. 1. In reviewing proposals,emphasis shall be placed on quality design of building materials and landscape features. Service stations shall be designed so that form and scale are harmonious and consistent with the character of the specific site,the adjacent uses and structures,and the general neighborhood. Chapter 230 30-1 02/16/94 Ordinance No. 3254 9730.86.4(c) (2)--9730.87 Huntington Beach Ordinance Code (2) A bicycle parking facility shall be a stationary object to which the user can lock the bicycle frame and both wheels with a user-provided six (6) foot cable and lock. (d) Commuter Information Areas A commuter information area shall be provided to offer employees appropriate information on alternative transpo ation modes. This area shall be centrally located and accessible to 1 employees or tenants and shall be sufficient size to accommodate such information on alternative transportation modes. (e) Passenger Loading Areas Unless determined unnecessary by the d ision-maker, per Chapter 98, passenger loading areas to embark and isembark passengers from rideshare vehicles and public transportation s all be provided as follows: (1) Passenger loading area shall b large enough to accommodate the number of waiting vehicles equivalen to 1% of the required parking for the project. '(2) The passenger loading area shall be located as close as possible to the identified employee a trance(s), and shall be designed in a manner that does not impede veh cular circulation in the parking area or in adjoining streets. (f) Parking for Vanpool Vehic es Unless determined unnec ssary by the decision--maker, per Chapter 98, parking for vanpool ve icles shall be provided as follows: (1) The number of va ool parking spaces shall be at least 1% of the employee carpoo parking spaces and reserved for such by marking the spaces "Vanpoo Only". (2) For parking s ructures, vanpool vehicle accessibility shall include minimum 7'2" vertical clearance. (3) Vanpool pa ing spaces shall be located near identified employee entrance( or other preferential locations. (g) Bus Stops Unless det rmined unnecessary by the decision-maker, per Chapter 98, bus shelter, ullouts, and pads shall be provided as necessary in consultation with affected transit service,,providers. (3107-5/91) a�Yd _ °r�op,,"`" Zfl,� -83 Residentia Infill!'Dev to ment Td4ea�e �'otbcvir+g are to minimize impactsl/on adjacent residential developments and -p- e -development is t.nsure compatibility and appropriate design for projects,��ocated within existing residential neighborhoods, unless to do so would contravene the terms of an existing Development Agreement. +Ur_9���""zz T 7/94 ZZ0-f7 ir.strt- Huntington Beach Ordinance Code 9730.87--9730.87.2(C)(1) The location, site plan, and building design shall be harmonious and compatible with the streets, driveways, property lines, and surrounding neighborhood. Compatibility considerations shall include, but not be limited to; lot size, lot frontages, building layout, building configuration and design, building product type, grade height and building height relative to existingdwellings, and visual intrusion concerns. The Di ector g ��w..r ✓:sw� Y C shall cause all requests for plan check and issuance of building permits for infill lot development to be reviewed in accordance with `__c'on f•,'�s ser ion 9244•r85:2. (-Hrg. Ora 1242h 7*9+) .9430 84- �� ~� 7 Y � LV{. Deftnitto 3m infill iV� I G YG4a 4111...pa ,^a"'l of ��n� ���^�•-•�e•r-�ii°t��e �a����-��,op n ,.hc,.s1 ml� one sepa.cu iy �s-treets Reem-'odd'c'^��e fEem this aa-f-Unit.T".o- ISgs S-i w 2 x -r , a. 47�8:87 A. Privacy Design Standards. 1. New residences shall off-set windows to insure maximum privacy for existing residences. The use of opaque glass or similar material, should be used for all bathroom windows facing existing residences. Consider locating windows high on elevations to allow light and ventilation, and insure privacy. } € 2_ Minimize the canyon effect between houses by clipping roof elevations on sideyards. Provide roof line variations throughout infill development. 3. Provide architectural features (projections, off-sets) to break up massing and bulk. - 4. Upper story balconies shall be oriented toward its own front or rear yard areas. !7� T g Ord 3242•A-?7L9*) B. Setbacks. ( - /94 1. Whenever possible all base district setbacks shall be maximized to provide increased separation between new developments and existing residences. Footprints for new residences shall be off-set to increase privacy. - } 2. provide off-set in front building setbacks throughout infill development. - 3. Pool equipment and air conditioning equipment shall be located at a location which maximizes its distance from existing residential development, and minimizes its distance from the new structure which it serves. - C. Miscellaneous. 1. Pad height for new construction shall match to the extent possible, grades of adjacent residences. Any property owner who intends to add 7194 Ordinance No. 3254 9730.87.2(C)(1)--9730.87.2(D) Huntington Beach Ordinance Code more than two (2) feet of fill to an infill lot or to add any fill to a lot where the grade differential is already two (2) feet or more above an adjacent lot shall demonstrate to the satisfaction of the City Engineer that there is no other acceptable method to drain the property adequately. 2. Landscaping shall be designed to maximize privacy for both existing residences and new residences. 4) 3. When possible driveways shall be located on the side of the property closest to the driveway on the adjoining property. (U*q,-drd. D. Public Notification Requirements. _ 4} (plow&'I.") Three days prior to submittal for plan check, the applicant shall give notice of the application to adjacent property owners by first class mail. The notice of application shall include the following: -&.1. name of applicant 43�.z. location of planned development L-.1 nature of the planned development, including maximum building height and square footage. A-.1f, the City Hall telephone number for the Department of Community Development to call for viewing plans. e.s the date by which any comments must be received in writing by the Department of Community Dvelo venom, This date shall be ten (10) working days from plan ch:.k m�ittal. £.G. the address of the Department of Community Development. The applicant shall submit pro f f of :e ma ling of the notice when submitting�ptmw .� the application for plan checl� he aajacen property owners shall have ten (10) working days from plan chec�sujf'1 to provide comments regarding the application to the Director, All decisions of the Director regarding the application shall be final. {Hrg-.- 7194 INTENTIONALLY LEFT BLANK t Ordinance No. 3254 2. The location,number,and design of driveways as well as on and off-site traffic circulation impacts shall be analyzed. 3. Service bay openings shall be designed to minimize the visual intrusion on surrounding streets and properties. A maximum of 3 service bays shall be permitted per site,none of which shall face a public right-of-way 4. Lighting shall be of low profile design,indirect or diffused, and shall create no negative impact on surrounding uses. S. A minimum 10 percent of the site shall be landscaped. Landscaping plans shall conform to all applicable provisions of Chapter 232 as well as conform to the following requirements. a. A 3-foot-wide planter(inside dimension)along interior property lines shall be provided,except at vehicular circulation openings. Additional landscaping may be required to screen service bays from surrounding properties. b. A 600 square-foot planter with a minimum dimension of 20 feet shall be provided at the corner of intersecting streets. C. A total of 70 squat feet of planting area shall be located adjacent to and on the streetside of the main building. 6. Buildings shall conform to the setback regulations stated for the district in which the site is located. Pump islands and canopy structures shall maintain the following mmunum setbacks from street side property lines: Pump island: 20 feet Canopy: 10 feet with ground clearance of 12 feet F. Storage of Materials and 4ui=ent. The provisions of Section 230.74, Outdoor Facilities,shall apply,except that a display rack for automobile products no more than 4 feet wide may be maintained at each pump island of a service station and a single tire storage display no more than 8 feet high and 16 feet long may be located on the site of a service station. If display racks are not located on pump islands,they shall be placed within 3 feet of the principal building,and shall be limited to 1 per street frontage. Outside storage of motor vehicles for more than 24 hours(7 days if the vehicle is actively being serviced) is prohibited,except as provided for track and utility trailer rentals. The location of display racks and vending machines shall be specified by the use permit: E. Access=Uses. The accessory uses listed below shall be permitted as included on the approved site plan. Such uses shall be subordinate to the main operation and shall not impede safe vehicular and pedestrian circulation or be detrimental to surrounding properties or potential customers. Such uses shall be included as part of the original conditional use permit request or shall be subject to a new conditional use permit if proposed subsequent to the original conditional use permit. Chapter 230 230-13 02/16/94 1. Convenience markets are permitted provided no automotive repair or thick or trailer rental is permitted on the same site. 2. Automatic washing,cleaning and waxing of vehicles. Such activity shall be of an integral design with the main structure. 3. Truck and utility truck rental is permitted provided the tracks do not exceed 25 feet in length and are stored a minimum of 50 feet from the street property Imes. o 23034 Housing of Goods All goods,wares,merchandise,produce,and other commodities which are stored or offered for sale or exchange in the commercial and industrial districts shall be housed in permanent buildings except as otherwise provided by this code. 230.36 Transportation Demand Management A. l—),t=se_and intent. It is the purpose and intent to implement the requirements of Government Code Section 65089.3(a)(2),to mitigate the impacts that development projects may have on transportation mobility,congestion and air quality,and to promote transportation demand management strategies. B. Definitions. For purposes of this Section,the following definitions for the following terms shall apply: 1. Alternative=n%x=ation_mode: Any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing,public transit,bicycling or walking. 2. : Two(2)to six(6)persons traveling together in a single vehicle. 3. Fmp14x= Means any person employed by a firm,person(s),business, educational institution,non-profit agency or corporation, government agency,or other entity which employs 100 or more persons at a single worksite. "Employee" shall include persons employed on a full-time, part-time,or temporary basis. 4. mnlover: Means any person(s),firm business, educational institution, government agency,non-profit agency or corporation, or other entity which employs or houses tenants that collectively employ 100 or more employees at a worksite on a full and/or part-time/temporary basis. 5. Building Size. Means the total gross floor area measured in square feet of a building or group of buildings at a worksite. includes the total floor area of both new development and existing facilities. 6. Mixed-Use Develo=ent: Means new development projects that integrate any one of these land uses with another: residential,office, commercial,industrial and business park. Chapter 230 230-14 02/16/94 Ordinance No. 3254 7. tenant: Means the lessee of facility space at a development project who may also serve as an employer. 8. an Demand Management(M1: Means the implementation of programs,plans or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single occupant vehicle(SOV)such as carpools, vanpools and transit; and reduction of VMT and the number of vehicle trips. 9. Vmpool: Means a vehicle occupied by seven(7)or more persons traveling together. 10. Wyk ' e: Means a building or group of buildings which are under common ownership and the place of employment,base of operation,or predominate location of an employee or group of employees. C. A.pplicabil Z 1. These provisions apply to commercial, industrial,institutional, or other uses which are determined to employ 100 or more persons,as determined by the employee generation factors specified under subsection 4. This includes any permit for existing facilities that already have 100 or more employees or will have 100 or more employees. 2. These provisions apply to all districts,planned communities and specific plan areas including those covered by development agreements. These provisions shall supersede other ordinances with which there is a conflict. 3. Notwithstanding"1" above,the following uses and activities shall be specifically exempt from the provisions of this section: a. Temporary construction activities on any affected project,including activities performed by engineers,architects, contract subcontractors and construction workers. b. Other temporary use classifications or as authorized by the Planning Commission when such temporary activities are for a period not to exceed 30 days and held no more than once a year. 4. Employee generation factors shall be based on one of the following: a. Employment projections developed by the property owner, subject to approval by the Director; Chapter 230 230-15 02/16/94 b. Building sizes shall be considered equivalent to the 100 employee threshold as follows: Building Size(in square feet) hype of Use FFu'valent to 100 E=10-X= Office/Professional 35,000 Hospital and Medical/Dental 40,000 Industrial(excluding Warehouses) 50,000 Commercial/Retail 50,000 Hotel 0.8 employees/hotel room Motel 1.2 Resort Hotel 100,000 Mixed or multiple use Warehouse 100,000 * The employment projection for a development of mixed or multiple uses shall be calculated on a case-by-case basis based upon the proportion of development devoted to each type of use. D. Site Development projects subject to ibis section shall comply with the following site development standards: 1. Parking for carpool vehicles a. The following percentages of the total required parking spaces per Chapter 231 shall be reserved and designated for employee carpool vehicles by making such spaces"Carpool Only7": Percent of Total Parking Devoted I=e of Use to rFMIU&e Carnooi Parkin..g Office Professional 13% Hospital and MedicalMental Office 9% IndustriaUWarehouse 14% Commercial/Retail 5% Hotel space for every 2 employees b. Carpool spaces shall be located near the building's identified employee entrance(s)or at other preferential locations within the employee parking areas as approved by the Director. 2. Shower and Locker Facilities Shower and locker facilities shall be provided for use by employees or tenants who commute to the site by bicycle or walking. The use of such facilities shall be provided at no cost to the user. The design of such facilities shall be shown on the plot plans in the permit application and conform to the following. a. Lockers shall be provided at a minimum ratio of 1 for every 20 employees. Chapter 230 230-16 02/16/94 Ordinance No. 3254 t b. Separate shower facilities shall be provided at a minimum rate of 2 per 100 employees. 3. Bicycle Parking a. Bicycle parking facilities shall be provided at the minimum rate of I bicycle parking space for every 20 employees or fraction thereof, in a secure location,and in close proximity to employee entrances, for use by employees or tenants who commute to the site by bicycle. b. A bicycle parking facility shall be a stationary object to which the user can lock the bicycle frame and both wheels with a user- provided six(6)foot cable and lock. 4. Commuter Information Areas A commuter information area shall be provided to offer employees appropriate information on alternative transportation modes. This area shall be centrally located and accessible to all employees or tenants and shall be sufficient size to accommodate such information on alternative transportation modes. 5. Passenger Loading Areas Unless determined unnecessary by the decision-maker,per Title 24, i 1 passenger loading areas to embark and disembark passengers from rideshare vehicles and public transportation shall be provided as follows: a. Passenger Ioading area shall be large enough to accommodate the number of waiting vehicles equivalent to I%of the required parking for the project.. b. The passenger loading areas shall be located as close as possible to the identified employee entrance(s),and shall be designed in a manner that does not impede vehicular circulation in the parking area or in adjoining streets. 6. Parking for Vanpool Vehicles Unless determined unnecessary by the decision-maker,per Title 24, parking for vanpool vehicles shall be provided as follows: a. The number of vanpool parking spaces shall be at least I%of the employee carpool parking spaces and reserved for such by marking the spaces"Vanpool Only." b. For parking structures,vanpool vehicle accessibility shall include minimum 72" vertical clearance. C. Vanpool parking spaces shall be located near identified employee entrance(s)or other preferential locations. Chapter 230 230-17 02/16/94 7. Bus Stops Unless determined unnecessary by the decision-maker,per Title 24,bus shelter, pullouts,and pads shall be provided as necessary in consultation with affected transit service providers. 92zo.�i 230.38 Game Centers The following supplemental requirements shall apply to the operation of game centers, including mechanical or electronic games or any other simile machine or device, in order to control the location and hours of operation of game centers so as not to allow school children to play the games during.school hours nor to encourage minors to congregate in areas close to commercial establishments that sell alcoholic beverages. A. Conditional Use Rermit R aired. Applicants desiring a permit for the purpose of operating a game center as a business in a C district must obtain a conditional use permit from the Zoning Administrator. The permit is valid only for the number of games specified;the installation or use of additional games requires a new or amended permit. B. Adult Manner. At least one adult manager shall be on the premises during the time a game center is open to the public. C. Houma of 4neration for Minors under I B Y—e- s of A99. No game center owners, manager or employees shall allow a minor under 18 years of age to play a mechanical or electronic game machine during the hours the public schools of the district in which the center is located are in session, or after 9 p.m.on nights preceding school days,or after 10 p.m.on any night. It is the responsibility of the owner or manager of the game center to obtain a current schedule of school days and hours. D. Locational riteria A game center shall not be permitted within 2,500 feet of a school site, 300 feet of the boundary of residential district,or within 500 feet of a liquor store,a nightclub,cocktail lounge or bar. The distance shall be measured as walling distance from the game center to the property line of the school site,the district boundary,or the property line of the liquor store, nightclubs,cocktail lounge,or bar,as the case may be. E. Rg&gfions. The Zoning Administrator may impose reasonable restrictions on the physical design,location,and operation of a game center and require a special bicycle parking area in order to minimize the effects of noise, congregation,parking,and other nuisance factors that may be detrimental to the public health,safety and welfare of the surrounding community. � 230.40 Helicopter Takeoff and Landing Areas A. Permit R&quired. A conditional use permit may be issued for the construction and operation of a heliport,hehpad,or helistop if the Planning Commission finds that: Chapter 230 230-18 02/16/94 Ordinance No. 3254 1. The helipad,heliport,or helistop conforms to the locational criteria and standards established in Subsections(B)and(C)of this section, and the requirements of the California Department of Transportation,Division of Aeronautics; 2. The heliport,helipad,or helistop is compatible with the surrounding environment; and 3. The proposed operation of the helicopter facility does not pose a threat to public health,safety or welfare. The Commission may impose conditions on approval of the conditional use permit to prevent adverse impacts on surrounding properties. If such impacts can not be mitigated to an acceptable level,the conditional use permit application shall be denied. B. Locatioinal Critezna. 1. Minim=S=amtion. Minimum separation between heliports, helipads, and helistops shall be 1.5 miles,except for facilities specifically intended for emergency use, such as medical evacuation or police functions,and temporary landing sites. 2. Protected Areas. No heliport,helipad,or helistop shall be Iocated within 1,000 feet of an R district or the site of a public or private school, except for heliports or helistops specifically intended only for emergency or police use. Temporary landing sites within 1,000 feet of a public or private school maybe allowed with a temporary use permit subject to approval of the California Department of Transportation. C. Site Development Standards. 1. Approach and departure paths 65 feet wide shall be free of obstruction for a minitnum.distance of 400 feet. 2. Setbacks from property lines shall be as follows: a. Takeoff and landing area-50 feet; b. Helicopter maintenance facilities-25 feet; C. Administrative or operations building- 15 feet. 3. Any lighting used for nighttime operations shall be directed away from adjacent properties and public rights-of-way. 4. A telephone shall be provided on or adjacent to the heliport,helipad or helistop. 5. Helipads or helistops intended for emergency use shall have a landing pad with a standard landing area designated and the words"Emergency Only." The initial direction of the departure routes shall be indicated on the takeoff and landing area. Chapter 230 230-19 02/16/94 F. Awlication Reuuirements. The following additional information shall be submitted with a use permit application: I. An area map,at a scale of I"=800'showing existing land use within a two-mile radius of the facility site and the proposed flight paths. 2. A plot plan of the site and vicinity,including all land within a 400-foot radius of the takeoff and landing area,that shows clearly the height of the takeoff and landing area;the height of existing,approved and proposed structures and trees within.50 feet of the approach and takeoff flight paths;and the maximum allowable building height under existing zoning. 3. A description of the proposed operations;including the type of use, names and descriptions of helicopters expected to use the facility, and anticipated number and timing ofdail' y flights. 4. A helicopter noise,study including a map of the approach and departure flight paths at a scale of 1"=800' showing existing day/night average noise levels in decibels(LDN noise contours), future day/night average noise levels with the proposed facility and anticipated flight operations, and single-event maximum sound levels associated with the types of helicopters expected to use the facility. �3s 230.42 Bed and Breakfast Inns A. Perrnit Required. The Planning Commission may approve a conditional use permit for a bed and breakfast inn in any C District and RMH-A District after a duly noticed public hearing upon finding that: 1. The bed and breakfast inn will be operated by a property owner living on the premises; 2. The bed and breakfast inn conforms to the design and development standards of Subsection(B)of this section and is compatible with adjacent buildings in terms of building materials,colors and exterior finishes;and 3. Public and utility services,including emergency access,are adequate to serve the bed and brealffast inn. B. Design and Development ids. 1. Minimum Size and Mgjx murn Number of Guest Rooma. The inn shall contain at least 2,000 square feet,but no more than six rooms shall be rented for lodging. 2. Ong. The requirements of Chapter 231 shall apply. 3. $-�=. The requirements of Chapter 233 apply.In addition,in the RMH-A district,no identifying sign shall be displayed other than a sign no larger than 2 square feet identifying the name of the establishment. The face of the sign may be indirectly illuminated by an exterior light source entirely Chapter 230 230-20 02/16/94 Ordinance No. 3254 shielded from view,but no internal illumination from an interior light source shall be permitted. 9zzoso 230.44 Recycling Operations Collection containers shall be permitted for charitable organizations such as Goodwill. Recycling containers shall be permitted as an accessory use to a permitted use. Recycling and collection containers shall not be located within required parking or landscaped areas or obstruct pedestrian paths. Recycling as an accessory use shall not exceed 500 square feet including any required attendant parking space. A recycling operation as a primary use shall comply with the development standards contained in Chapter 212. �rza�5 23OA6 Single Room Occupancy Single room occupancy(SRO)shall comply with the following requirements: A. Gener,W Provisions. 1. All projects shall comply with the most recently adopted City Building, Plumbing,Mechanical,Electrical,Fire,and Housing Codes. 2. No more than one(1)person shall be permitted to reside in any unit which is less than two hundred twenty (220)square feet in size. I No more than two (2)persons shall be permitted to reside in any unit, excluding the manager's unit. 4. A Management Plan shall be submitted for review and approval with the conditional use permit application. The Management Plan shall contain management policies,operations,emergency procedures,security program including video cameras monitoring building access points, rental procedures and proposed rates,maintenance plans,and staffing needs,and tenant mix,selection and regulations. 5. Anon-site,twenty-four(24)hour manager is requried in every SRO project. In addition,a manager's unit shall be provided which shall be designed as a complete residential unit, and be a minimum of 220 square feet in size. 6. Rental procedures shall allow for both weekly and monthly tenancies only;deposit requirements shall be specified for each type of tenancy. 7. All units within SRO projects shall be restricted to very low and Iow income individuals as defined by the City's housing element, with the exception of the twenty-four(24)hour manager. S. Each SRO project shall be subject to annual review by the City which includes the review of management services. The SRO project owner shall be responsible for filing an annual report to the Department of Chapter 230 230-21 02/16/94 Community Development which includes the range of monthly rents,the monthly income of residents,occupancy rates,and the number of vehicles owned by residents. 9. The Planning Commission or City Council may revoke the conditional use permit if any violation of conditions or any of the adopted Huntington Beach Codes occurs. B. ni Rom' ements. 1. Minimum unit size shall be one hundred seventy(170) square feet. 2. Maximum unit size shall be four hundred(400)square feet. 3. The average size of all living units within the project shall not exceed two hundred seventy five(275)square feet. 4. Each unit shall contain a kitchen and bathroom. a. Kitchens shall contain a sunk with garbage disposal,counter top (minimum 161 x 24"),refrigerator,and stove or microwave oven. b. If stoves are not provided in each unit,then stoves shall be provided in a common kitchen area(s). c. Bathrooms shall contain a lavatory,toilet,and shower or bathtub. d. Each unit shall have a minimum forty-eight(48)cubic feet of closet/storage space- C. PrQject EraA a mis. 1 Common recreational space shall be provided in each project as follows: a. Minimum common recreational space shall be four hundred(400) square feet b. For projects exceeding thirty(30)units in size,additional square footage is required as follows: Units less than 220 square feet- 10 square feet/unit over 30 Units 220 square feet of greater- 15 square feetlunit over 30 C. Common recreational space may be indoor or outdoor provided there is at least forty(40°la)percent allotted toward indoor space and forty(40%)percent outdoor space;the balance may be either indoors or outdoors. Chapter 230 230-22 02/16/94 Ordinance No. 3254 d. Common recreation space may be in separate areas provided each ' space is not less than two hundred (200)square feet in size and has no less than a ten(10)foot dimension. 2. A single controlled entryway for routine ingress and egress shall be situated adjacent to and in full view of the manager's desk I A mailbox shall be provided for each unit. 4. Handicap access facilities shall be as required by applicable state or local law. 5. At least one handicapped-accessible unit shall be required for every twenty(20)units. 6. Laundry facilities shall be provided in a separate room in a location near the common indoor recreational space. Washers and dryers may be coin operated. 7. A cleaning supply storeroom and/or utility closet with at least one (1) laundry tab with hot and cold water on every floor shall be provided. 8. Storage Lockers P. Storage lockers shall be provided in a secured area- b. The cumulative total of locker space shall be no less than a ratio of ten(10) cubic feet per unit. 9. All common indoor space areas shall have posted in a conspicuous location a notice from the City's Department of Community Development regarding contact procedures to investigate housing code violations. 10. Bicycle stalls shall be provided at a minimum of one(1)stall per ten(10) units in a secured and enclosed area. 11. Trash disposal chutes as well as a centralized trash area shall be provided on all multi-story project 12. A minimum of two(2)pay telephones shall be provided in the lobby area. The telephone service shall only allow outgoing calls. s67—i 230.48 Equestrian Centers A. Permit Required. Equestrian centers shall be permitted in the OS-PR and PS districts,subject to the approval of a conditional use permit by the Planning Commission. Where all off--site improvements are not provided,initial approval shall be for a maximum period of five years subject to annual review. One year extensions of time may be granted after public hearing by the Planning Commission. On requests to allow a facility on a permanent basis,the Planning Commission shall determine required improvements based on the existing and proposed land uses and the existing off-site improvements within the area. Chapter 230 230 23 02/16/94 Y B. Design n�_d De—vdg=ent StandaAs. 9670.2 1. Minimum Parcel size outage. The minimum lot size and lot frontage shall be: A Fr Temporary facilities: 2 acres 100 feet Permanent facilities: 5 acres 100 feet 96�a 3 2. Density(Riding Areas. Maximum density for horse facilities shall be determined by the following criteria: (a) Maximum density shall be twenty-five (25)horses per acre. (b) Minimum riding area shall be five thousand (5000)square feet per fifteen(15)horses. For facilities with over one hundred(100) horses,two separate arenas shall be pro-vided. In the alternative, off-site riding area shall be pro-vided adjacent to the facility at the rate of one acre per fifteen(15)horses. (c) Exercise rings shall have no dimension less than thirty(30)feet. (d) The minimum arena size shall be ten thousand(10,000)square feet with no dimension less than eighty(80)feet. k 9670.4 3. Maximum Building Hei.ht. Maximum building height shall be thirty (30)feet. 96�o.s 4. Required Setbacks. Front: 50 feet(30 feet for caretaker's residence) Interior side: 25 feet Exterior side: 50 feet Rear: 25 feet Minimum distance to to any residential zone or use: 300 feet 96�0.6 5. Corral Desimn. Corrals designed for one horse shall comply with the following requirements. Corrals designed for more than one horse shall provide a minimum area per horse as indicated below. All corrals,racks and stalls shall be of compatible design, materials to be approved by the fire department. (a) Corral size: 288 square feet Minimum dimension: 12 feet Shelter size: 96 square feet Minimum dimension: 8 feet Chapter 230 230-24 02/16/94 ordinance No. 3254 (b) Each corral shall have an approved water system with automatic drinking controls provided (c) Box stalls may be provided in lieu of horse corrals. Such stalls shall be a minimum of 144 square feet with no dimension less than twelve(12)feet. %70.7 6. Wasbrack. One wash rack per thirty-five(35)horses or fraction thereof shall be provided subject to the following requirements. Wash racks designed for more than one horse shall provide a minimum area per thirty-five(35)horses as indicated below: .(a) Individual wash racks shall be 6 feet by S feet. (b) Each wash rack shall have an,approved watering system and be connected to a sewer facility with a back siphon device at the water source. (c) A concrete slab floor shall be provided. 967o.s C. Insect and Rodent Control. 1. Feed mangers or boxes shall not be placed near water sources. 2. Nonleak valves shall be provided for all troughs,bowls,cups and other water sources. 3. Automatic valves or sanitary drains shall be provided for large troughs or cups_ 4. Grading in paddocks and corrals shall be properly integrated into a master drainage plan to prevent ponding of water. Shelters shall be sloped away from the center of the corrals,or rain getters shall be installed to the exterior of the corral. 5. Method of disposal of solid wastes shall be approved by Planning Commission. Trash disposal areas and dumpsters shall be designated and conveniently located with an all-weather road access provided. 6. All dry grains shall be stored in rodent-proof metal containers and hay storage shall be covered. Bulk or commercial amounts of grain or bay shall be located a minimum of fifty(50)feet away from any horse enclosure. 9670.9 D. Miscellaneous erating&quirements. 1. The ground surface of horse enclosures shall be graded above their surroundings. A grading plan shall be submitted prior to issuance of a conditional use permit. 2. Storage and tack areas shall be designated on the site plan. Chapter 230 230-25 02/16/94 3. Continuous dust control of the entire premises shall be maintained subject to the regulations contained in Huntington Beach Municipal Code Chapter 8.24. The method for water sprinkling arenas and exercise pens shall be indicated on the site plan. 4. A permanent single-family residence shall be provided on the site with a watchman on duty twenty-four(24)hours a day. Two fully enclosed parking spaces shall be provided. Where a mobilehome is used to satisfy this requirement,one carport space and one open space shall be permitted. 5. A back-siphoning device shall be installed to protect the public water supply. An approved pressure vacuum breaker is recommended on the waterline serving the corrals. The vacuum breaker shall be at least twelve (12)inches above the highest point of water usage or an approved double- check valve may be used. 6. Security lighting shall be confined to the site and all utilities shall be installed underground. 7. A log containing the name of every horse,its location in the facility,the owner's name and address,and the names and addresses of persons to be notified in case of emergency shall be maintained in the watchman's quarters for ready reference. 8. All fire protection appliances,appurtenances,emergency access,and any other applicable requirements,pursuant to Huntington Beach Municipal Code Chapter I 7.56, shall meet the specifications of the fire department. 9. The entire site,exclusive of riding areas,shall be fenced in such a manner as to confine horses within the site in order to protect the perimeter landscaping from damage. Individual corrals shall be enclosed by a minimum five(5)foot high fence. %70•10 E. Off-street arp king and landscape L Parking and circulation design shall comply with the standards outlined in Chapter 231. 1n addition,the perimeter of the parking area shall be delineated by pilasters or wooden poles with chain,cable, or heavy rope connectors. The parking lot shall be surfaced in accord with the specifications of the department of public works. 2. Landscaping,as set out in Chapter 232, shall be provided except that the minimum landscaped area required shall be a ten(10)foot wide(inside dimension)planter along all property Iines. 230.50 ffleserved) S ce �- 230.52 (Reserved) 230.54 (Reserved) 230.56 (Reserved) Chapter 230 230-2 02/16/94 Ordinance No. 3254 q s S. 230.50 Indoor Swap Meets/Flea Markets. Indoor swap meets/f lea markets shall comply with the following requirements:fGP4-+220 A. Conditional Use Permit Re uired Indoor swap meet/f lea market uses may be permitted as temporary uses only upon approval of conditional use permit by the Planning Commission for a period of time not to exceed ten (10)years. One year extensions of time may be granted after public hearing by the Planning Commission. B. Location Considerations: The Planning Commission shall consider the following issues when evaluating a proposed conditional use permit. 1. The site's proximity to residences, schools, hospitals and other noise sensitive uses 2. The potential adverse impacts on traffic circulation and pedestrian safety. 3. The site's proximity to other indoor swap meets/flea markets to avoid over- concentration of facilities. 4. The site's proximity to businesses processing hazardous materials. C Location Criteria. 1. Indoor swap meetlflea market uses shall only be allowed on property located adjacent to arterial streets. D. Minimum Buildin Size. L Minimum building gross floor area shall be one hundred thousand (100,000) square feet. E. Miscellaneous Requirements. 1. Ancillaa Uses Ancillary uses may be permitted as included on the approved site plan. Such uses shall be included as part of the initial conditional use permit requires or shall be subject to new entitlement if proposed after the initial application has been filed 2. Si ns Individual vendors shall not be permitted any outdoor signs, including temporary. .9gns shall comply with the standards outlined in Chapter 233. 3. Parking. Parking shall comply with the standards outlined in Chapter 232. ,7 �a+y lnse 1 Ordinance No. 3254 230.58 (Reserved) 230.60 (Reserved) All Districts 230.62 Building Site Required No building or structure shall be erected or moved onto any parcel of land in the city except on a lot certified in compliance with the Subdivision Map Act and local subdivision and zoning provisions at time of creation or on a parcel created as a result of a public taking. No building or structure shall be altered or enlarged to increase the gross floor area by more than 50 percent within any one-year period except on a legal building site. 19110-2 1 230.64 Development on Substandard Lots 191202- Development on substandard lots shall be subject to approval of a Conditional Use Permit by the Zoning Administrator. A legally created lot having a width or area less than required for the base district in which it is located may be occupied by a permitted or conditional use if it meets the following requirements or exceptions: A. The lot must have been in single ownership separate from any abutting lot on the effective date of ordinance that made it substandard. Two or more contiguous lots held by the same owner shall be considered as merged if one of the lots does not conform to the minimum lot size or width for the base district in which it is located. 'B. A substandard lot shall be subject to the same yard and density requirements as a standard lot,provided that in an R district,one dwelling unit may be located on a substandard lot that meets the requirements of this section. C. An existing legal lot comprising a minimum size of 5,000 square feet or greater and a minimum width of 50 feet or greater shall not be considered substandard for purposes of this section. 230.66 Development on Lots Divided by District Boundaries The standards applicable to each district shall be applied to the area within that district No use shall be located in a district in which it is not a permitted or conditional use. Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use. Chapter 230 230-27 03/11/94 230.68 Building Projections Into Yards and Courts Projections into required yards and courts shall be permitted as follows: ALLOWABLE PROJECTIONS IN FEETa Front Side Street Side Rear Yard Yard Yard Yard Fireplace or chimney 2.5 2.5b 2.5 2.5 Cornice,eaves and 3 2.5b 3 3 ornamental features Mechanical equipment 2 2b 2b 2 Uncovered porches, 6 3 4 5 terraces,platforms, subterranean garages, decks,and patios not more than 3 feet in height serving only the first floor r Stairs,canopies, 4 2b 4 4b awnings and uncovered porches more than 3 feet in height Bay windows 2.5 2.5b 2.5 2.5 Balconies 3 2b 3 3 Covered patios 0 0 5c 5 Notes: allo individual projection shall exceed 1/3 of the building length,and the total of all projections shall not exceed 2/3 of the building length on which they are located. bA 30-inch clearance from the property line shall be maintained. cNo projection shall extend more than 1/2 the width of the street side yard. TMs seefien esw4)hshas standards Anx daemining compliance u4th-t-h-maximum.building i -' imits pro smihe5€e;ea ni+.��.�14,.;}�...nt nr ac,,,nr ificri by an oy4 ay digk •'i:`�vs ow- gv zavaac ar o azry r■zxw ssse ii l.. Chapter 230 230-28 03/1 I/94 ordinance No. 3254 41104 230.70 Measurement of Height This section establishes standards for determining compliance with the maximum building height limits prescribed for each zoning district or as modified by an overlay district. A. Datum(100)shall be set at the highest point of the curb along the front property line. If no curb exists,datum shall be set at the highest centerline of the street along the front property line. B. The differential between top of subfloor and datum shall be a maximum of two (2)feet as determined by Public Works. In the event that any subfloor, stemwall or footing is proposed greater than two(2)feet above datum,the height in excess shall be deducted from the maximum allowable ndgeline height- C. Lots with a grade differential of three(3)feet or greater between the high point and the low point,determined before rough grading, shall be subject to conditional use permit approval by the Zoning Administrator. Conditonal use permit approval shall be based upon a building and grading plan which terraces the building with the grade and which is compatible with adjacent development 9 0 230.72 Exceptions to Height Lunt pGe�v�5a�11:}Gal�S� nae) Chimneys;vent pi ;cooling towers;flagpoles-,towers;spires;domes;cupolas;parapet walls not more 4 feet high,water tanks;fire towers;trap m ssion antennae;radio and television an and similar structures and necessary mechanical appurtenances(except wind-driven generators)may exceed the maximum permitted height in the district in which the site is located by no more than 10 feet, The Zoning Administrator may approve greater height with a conditional use permit. 1922o.lo 230.74 Outdoor Facilities peer.,-"+ Re ,u reek. A. . Outdoor storage and display of merchandise,materials,or equipment,including display of merchandise,materials,and equipment for customer pick-up,shall be subject to.approval of a conditional use permit by the Zoning Administrator in the CG,IL,IG,CV and SP districts. Sidewalk cafes and outdoor food service accessory to an Eating and Drinking Establishment shall be permitted subject to approval of a conditional use permit by the Zoning Administrator in the CO,CG,CV,OS and SP districts,but no outdoor preparation of food or beverages shall be permitted. B. Permit_CondWdons: Grounds for Denial. The Zoning Administrator may require yards,screening,or planting areas necessary to prevent adverse impacts on surrounding properties. If such impacts cannot be prevented,the Zoning Administrator shall deny the4use permit application. Ga`ecll fidnal Chapter 230 230-29 02/16/94 C. Ex 'ons. Notwithstanding the provisions of subsections(A)and (B)above, outdoor storage and display shall be permitted in conjunction with the , following use classifications in districts where they are permitted or conditionally permitted: 1. Nurseries_provided outdoor storage and display is limited to plants,new garden equipment and containers only;and 2. Vehicle/Equinment Sales and Rentals provided outdoor storage and display shall be limited to vehicles,boats,or equipment offered for sale or rent only. D. Screening. Outdoor storage and display areas for rental equipment and building and landscaping materials shall be screened from view of streets by a solid fence or wall. The height of merchandise,materials,and equipment stored or displayed shall not exceed the height of the screening fence or wall. �3o zo 230.76 Screening of Mechanical Equipment A. General Requirement_ Except as provided in subsection(B)below, all exterior mechanical equipment, except solar collectors and operating mechanical equipment in an I District located more than 100 feet from another zoning district boundary,shall be screened from view on all sides. Equipment to be screened includes,but is not limited to,heating,air conditioning,refrigeration equipment,plumbing lines,ductwork,and transformers. Screening of the top of equipment may be required by the Director,if necessary to protect views from an R or OS district. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. B. Utilfty Meters and BacOow Prevention Dev)ces. Utility meters shall be screened from view from public rights-of-way. Electrical transformers in a required front or street side yard shall be enclosed in subsurface vaults. Baclflow prevention devices shall not be located in the front yard setback and shall be screened from view. C. Screening Sgecifications. A mechanical equipment plan shall be submitted to the Director to ensure that the mechanical equipment is not visible from a street or adjoining lot fl•60 230.78 Refuse Storage Areas 913013 A. Refuse storage area screened on three sides by a 6-foot masonry wall and equipped with a gate,or located within a building, shall be provided prior to occupancy for all multifamily residential,commercial, industrial,and public/semipublic uses. Locations,horizontal dimensions,and general design parameter of refuse storage areas shall be as prescribed by the Director, subject to appeal to the Planning Commission. The trash area shall not face a street or be located in a required setback. The design and materials used in such trash enclosures shall harmonize with the main structure. Chapter 230 230-30 02/16/94 8. Exception. Requests for installation of satellite antennae on sites that ainmcapaeh e°' S4 of receiving signals when installed pursuant to the locational criteria maybe permitted subject to conditional use permit approval by the Zoning Administrator. The applicant shall submit documentation that installation at a height greater than permitted or in another yard area is xnecessary for the reception of usable satellite signals. Applications shall he approved upon finding that the aesthetic value and scenic quality of the City is preserved,pedestrian or vehicular traffic vision is not obstructed, and upon the findings contained in Chapter 241. n� D. rational C ' icrowave Receiving Ante. Microwave receiving antennae may be installed if they comply with the following criteria: l. CG District Installation is prohibited in any required front or street side setback area,and all wires or cables necessary for the operation of the antenna or reception of the signal shall be placed underground, except those wires or cables attached flush with the surface of a building or structure of the antenna. Landscaping or solid screening shall be placed around the base of any tower to screen the tower from view and to provide a physical separation between the tower and any pedestrian or vehicular circulation. 2. CO and CV Districts. Installation is permitted only if the antenna is attached to the rear half of a roof. 3. 1 Districts. Antennae may be located in setback areas provided the antenna tower base is landscaped or screened from view from public streets and wires and/or cables necessary for the operation of the antenna or reception of the signal are plgcunderground. Microwave receiving -.L antennae shall not exceed the ct height limit unless located on a roof where they may extend up to 40 feet above the top of the building. E. LocationaI Cdbt da: Microwave Transmitting and Relay .4wipment Microwave transmitting and relay equipment may be installed in any zoning district subject to the criteria of subsection(D)above;provided that in the IG District,a microwave transmitting or relay antenna may extend to a height of 40 feet above a building,if roof-mounted. 23D,S2 Performance Standards For All Uses A. Ap lio-bg and Compliance. The development standards set forth in this section apply to every use classification in every zoning district unless otherwise specifically provided. The Director may require evidence of ability to comply with development standards before issuing an entitlement. B. Ak Contaminants. Every use must comply with rules,regulations and standards of the South Coast Air Quality Management District(SCAQMD). An applicant for a zoning permit or a use,activity,or process requiring SCAQMD approval of a permit to construct must file a copy of the SCAQMD permit with the Director. An applicant for a use,activity,or process that requires SCAQMD approval of a permit to operate must file a copy of such permit with the Director within 30 days of its approval. C. Storagg On Vacant Lot. A person may not store,park,place, or allow to remain in any part of a vacant lot any unsightly object This does not apply to building materials or equipment for use on the site during the time a valid building permit is in effect for construction on the premises. Chapter 230 230-3 02/16/94 g. Yurp 1 fie following provisions are established to regulate installation of antennae to protect the health, safety, and welfare of persons living and working in the City and to preserve the aesthetic value and scenic quality of the City without imposing unreasonable limitations on,prevent the reception of signals, or imposing excessive costs on the users of the antenna —230.80 Antennae and Microwave Equipment k A. Permit Reci rimed. A conditional use permit issued by the Zoning Administrator shall be required for the installation of amatm radio R Pitt r 4 a,microwave receiving antennar4md microwave transmitting and relay equipment. Approval by the Director shall be required for the installation of a satellite antenna to ensure compliance with the locational criteria D T eeat..m.nj C-Maox:o. An amatanr r die wry+n++++a m.+p TlLW required yards. 3. Construction of shall be subject to the provisions of the Uniform Building Code and National Electrical Code, as adopted by the City-C. Locational Criteria: Satellite Antennae. A satellite antenna may be installed on a lot in and zoning district if it complies with the following criteria: I bn 1 y e�i of-te"A may be ermec� o� e 4 z. Setbacks:Interior side a rear p?operty lines, 10 feet, except that no setback shall be required in interior side and rear setback areas if the antenna does not exceed 6 feet in height. No antenna shall be located3 equ o t yard.Xe- a skail r one half n6F f' h�►^oo e r+r�a be -2:3 Maximum Height:The maximum height of a satellite antenna shall not exceed 10 feet if installed on the ground or the maximum building height for the district in which the antenna is located,if roof-mounted. The maximum A;�e#-e-e ;SKOA1 no`� e.Keeed 3:� Maximum Dimension:J 0 feet(all districts with the exception that the diameter may be increased in non residential districts if a conditional ease permit is approved by the Zoning Administrator. 4 s Screening: The structural base of a satellite antenna,including all bracing and appurtenances,but excluding the dish itself, shall be screened from public view and adjoining properties by walls,fences,buildings, landscape,or combinations thereof not less than 7 feet high so that the base and support structure are not visible from beyond the boundaries of the site at a height-of-eye 6 feet or below. UDdexgr y-zUg: All wires and/or cables necessary for operation of the antenna or reception of the signal shall be placed underground, except for wires or cables attached flush with the surface of a building or the stricture of the antenna -&-7 Surface Materials and Finishes: No advertising or text or highly reflective surfaces shall be permitted. Chapter 230 E)31 02/16/94 Ordinance No. 3254 FT30�-4 230.84 Dedication and Improvements L------i A. Dedication BgQuired., Prior to issuance of a building permit,or prior W the use of land for any purpose,all real property shall be dedicated or irrecovably offered for dedication winch the City requires for streets,alleys, including access rights and abutters'rights, drainage,public utility easements,and other public easements. In addition,all streets and alleys shall be improved, or an agreement entered into for such improvements including access rights and abutters'rights,drainage,public utility easements, and other easements. F730-61 B. Ezgojons. Dedication shall not be required prior to issuance of a building 9 permit for: I Interior building alterations which do not exceed a third of the value of a building,as defined in the Uniform Building Code,and which effect no change of occupancy. 2- Exterior building alterations or additions for a residential use which do not exceed a third of the value of the building,as defined in the Uniform Building Code,and add no additional residential units. 3. Fences and walls. 4. Temporary uses,as specified in this code. 19730-9 5 Horticultural Uses. The dedication herein required may he reviewed at the time of entitlement Upon request by the applicant,a temporary postponement,not to exceed one(1)year,may be granted,upon consideration of the following criteria. a_ Type of horticultural use proposed. b. Duration(temporary or permanent). C. Vehicular access,and effect of theproposed use on traffic in the vicinity of the site. d- Relationship between the proposed requirements and an anticipated expanded use. e. Dedication shall not be required for any purpose not reasonably related to such horticultural use. f W3-07-10 C. Dedic-ation Determinants, Right-of-way dedication width shall be determined by either of the following: I. Department of Public Works standard plans;or .2. A precise plan of street,highway or alley alignment. D. Improvements. I No building permit shall be issued by the Building Division until an Chapter 230 230-33 02116/94 application for permit has been filed,street improvements plans and specifications have been submitted for plan check,and all fees, established by resolution of the City Council,have been paid. The Building Division shall issue such building permit after determining that the work described in the application and the accompanying plans conforms to requirements of the Huntington Beach Building Code and other pertinent laws and ordinances. 2. The Building Division shall make a frame inspection, as required by the Huntington Beach.Building Code,at which time all off-site improvements,including curbs, gutters,and street paving,shall be completed. o.aa 3. Improvements required by this code may be deferred in the following instances and upon adherence to the following requirements and regulations: a. Where the grade of the abutting right-of-way has not been established prior to the time when on-site structures quality for final release for occupancy. b. Where a drainage system would be delayed by the installation of improvements- C. Where an agreement is entered into with the City to install improvements by a late date certain,said agreement shall be secured by a bond or deposit equal to I50 percent of the City's estimate(including inflation estimates)of the required improvements. Such bond or cash shall be deposited with the City Treasurer. d. Where the developer has agreed with the City in writing that the .deposit regired by such section(3)of this section may be used by the City after an agreed upon time to complete the required improvements,the remainder of such deposit,if any, shall be returned to th developer upon completion of such improvements by the City. e. The Director of Public Works is authorized to receive applications from persons desiring waivers of street improvement requirements and to enter into the necessary written agreements with such applicants. A non-refundable fee set by resolution of the City Council shall accompany such application. 9r�o-is 4. Where construction is limited to one lot and the erection of a detached single-family dwelling thereon, street improvements shall include curb, gutter,sidewalk, street trees, street lights, sewer and water remain extensions, and ten(10)feet of street paving to meet Department of Public Works standards. Where necessary,temporary paving shall be installed to join existing street improvements. Chapter 230 230-34 02/25/94 Ordinance No. 3254 ` m3a2a 230.86 Seasonal Sales MO26 A temporary sales facility for the sale'of seasonal products including Christmas trees, Halloween pumpkins,or a single,season agricultural product not grown on site are permitted adjacent to any arterial highway in any district and on all church or school sites as a temporary use approved by the Director and in compliance with the following: A. Time Limit 1. A Christmas tree sales facility shall not be open for business during any calendar year prior to Thanksgiving. 2. A Halloween pumpkin sales facility shall not be open for business during any calendar year prior to October 1. 3. A single agricultural product sales facility shall be approved for a period of time not to exceed 90 days. B. MgLclMadise to be Sold. A permitted Christmas tree or Halloween pumpkin Wes facility may not sell items not directly associated with that season. Only one single,season agricultural product may be sold at any one time. C. Sjtg SMdards: 1. Storage and display of products shall be set back not less than ten(10) feet from edge of street pavement, and shall not encroach into the public right-of-way. 2. A minimum of ten(10)off-street parking spaces shall be provided. 3. Ingress and egress to the site shall be reviewed by the Department of Public Works to insure that no undue traffic safety hazard will be created. 4. Temporary structures shall comply with Building Division standards. 5. Electrical permit shall be obtained if the facility is to be energized. 6. The facility shall comply with fire prevention standards as approved and enforced by the Fire Chief. D. Eond EsQ-Weed. Prior to issuance of a business license and approval by the Director,a five hundred dollar($500)cash bond shall be posted with the City to ensure removal of any structure,clean up of the site upon termination of the temporary use,and to guarantee maintenance of the property. A bond shall not be required for a seasonal sales facility operated in conjunction with a use on the same site. Chvter 230 230-35 02/25/94 E. Rgmval of fwility. The seasonal sales facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment within ten calendar days of Halloween,Christmas,or the expiration of the time limit for single season agricultural product 9770 230.88 Fencing and Yards No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard area for any other structure on the same or an adjacent lot In all districts, tninirr�um setback lines shall be measured from the ultimate right-of-way lane. Diagrams A, B and C are hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs between the diagrams and the printed text,the text shall prevail. Yards and fencing shall comply with the following criteria in all districts or as specified. grn A. Pm tted Fences and Walls. 1. Fences or walls a maximum of forty-two(42)inches in height may be located in any portion of a lot Fences or walls exceeding forty-two(42) inches in height may not be located in the required front yard,except as permitted elsewhere in this Section. 2. Fences or walls a maximum of six(6)feet in height may be located in required side and rear yards,except as excluded in this Chapter. Fences or walls exceeding six(6)feet in height may be located in conformance with the yard requirements applicable to the main structure except as pro for herein or in the regulations of the district in which they are located. 3. Fences or walls in the rear yard setback area of a through-lot shall not exceed forty-two(42)inches in height. This subsection shall not apply to lots abutting arterial highways. 4. In the RL district,garden or wing walls or fences equal in height to the fast floor double plate,but not exceeding nine(9)feet,which are perpendicular to and entirely within a side yard may be constructed to the anterior side property line and to within five(5)feet of the exterior side property line provided they are equipped with a three(3)foot gate or accessway. 5. When residential property abuts open or public land or property zoned or used for office,commercial,or industrial purposes,an eight(8)foot high solid masonry or block wall may be constructed on the common side or rear property line. 6. in order to allow variations in the street scene in R districts,fences or walls exceeding forty-two (42)inches in height may be permitted at a reduced front setback of six(6)feet subject to plan review approval by the Director in conformance with the following criteria. a. The reduced setback shall be only permitted for five (5) or more contiguous lots under the same ownership and only at the time of initial construction of the dwellings. Chapter 230 230-36 02/16/94 Ordinance No. 3254 b. Such walls shall not encroach into the visibility triangular area formed by measuring seven and one-half(7.5)feet along the driveway and ten(10)feet along the front property line at their point of intersection. C. Such walls shall conform to all other applicable provisions of this section. 7. Retaining walls shall comply with the following: a. Where a retaining wall is located on the property line separating lots or parcels and protects a cut below the natural grade, such retaining wall may be topped by a fence,wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. b. [Where a retaining wall is on the property line of a rear yard abutting an arterial or exterior side yard and contains a fill of two(2)ft.or less or protects a cut below the existing grade,such retaining wall may be topped with a six(6)&decorative masonry wall. c. Where a retaining wall is on the property line of a rear yard abutting a local street,the maximum retaining wall height shall be twenty- four(24)inches as measured from the adjacent curb and may be topped with a maximum eighteen(18)inch decorative wall or fence for a total height of forty-two(42)"inches. i d. The maximum height of a.retaining wall on the front property line shall be thirty-six(36)inches as measured from the top of the highest adjacent curb. Subject to the Director's approval,a maximum forty-two(42)inch high wall or fence may be erected above the retaining wall with a minimum three(3)foot setback from the front property line. e. All retaining wails abutting a street shall be waterproofed to the satisfaction of the Director. f Retaining wall and fence combinations over eight(8)feet in height shall be constructed with a variation in design or materials to show the distinction. Retaining wall and fence combinations over six(6) feet in height shall be designed without decorative block or cap block,except if equal in strength to the main portion of the fence. 8. The height of any fence,wall or hedge located in the front yard setback shall be measured from top of the highest adjacent curb. All other fence heights shall be measured from existing grade. 9. Any fence or wall located on the front property line shall be approved by the Department of Public Works. 10. In the industrial districts,nine(9)foot high fences may be permitted in the side and rear setbacks up to the front building line subject to plan review approval by the Director. Chapter 230 230-37 02/16194 I I. Deviations from the maximum height requirements for walls as prescribed by this Section may be permitted subject to an approval of conditional use permit by the Zoning Administrator. BOMB B. Rmiod Walls. 1. When office,commercial or industrial uses abut property zoned or used for residential,a six(6)foot high solid six(6)inch concrete block or masonry wall shall be required. If a wall meeting these standards already exists on the abutting residential property,protection from vehicle damage shall be provided by a method approved by the Director. The maximum fence height shall be eight(8)feet at the common property line,subject to the same design standards and setback requirements as specified for six(6)foot high fences. 2. Industrial screening walls abutting arterial highways shall be architecturally compatible with surrounding properties,constructed of a minimum six(6)inch wide decorative masonry block,and designed with landscape pockets at thirty-five(35)foot intervals along the street side su€ficieirt in size to accommodate at least one(1) 15-gallon tree. Approval of a conditional use permit by the Zoning Administrator shall be required prior to construction of such walls. PY897C C. 1. On reverse comer lots and comer lots abutting an alley,no fence,wall or hedge greater than forty-two(42)inches in height may be located within the triangular area formed by measuring ten(10)feet from the intersection of the rear and street side property lines. 2. On corner lots,no fence,wall,landscaping,berming, sign,or other visual obstruction between forty-two(42)inches and seven(7)feet in height as measured from the adjacent curb elevation may be located within the triangular area formed by measuring twenty-five(25)feet from the intersection of the front and street side property lines or their prolongation. Trees trimmed free of branches and foliage so as to maintain visual clearance below seven(7)feet shall be permitted. 3. Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall not be blocked between a height of 42 inches and 7 feet within a triangular area formed by measuring ten(10)feet from intersecting driveways or streetlalley and driveway. 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Y2 -' '6' i:S f�� �{r�, r�� .J:„';,.a.:e£ xf?}' ..Y :e': 'Ei ty.• {� f �}{� ,x �'' °S:: 8>i >• ,{,�• M� :, a�` £ice •},• �,'d' 1C ;���:{�� �A 1.} .,���,,����E �v,'��� .5 :F' ,. ,� :�9`•,#.�,{.,r a :;L,�' a :'.' 3:. �xygc�'��,}'. i• :t,•; ..t.,,,v,a;3{ .:fi• �;.�:} �:�;�s;c,;yk �.':�;'','''• �'-: ;�tyt.x.�y„�: s^ g{:�',,,�; � c� �'+ :� ��{+ev. .. .{���, .f•; THROUGH THROUGH LOT I iii CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WALL 29' A 42 inch high fence may be constructed on {r:' 'h` ti' r•.,'{< ':v rix::: {• �..,� . any portion the lot. £' }. a{#. � k x: ktas.<{ts°; as -Y •' 4Z't{^''"` :}4,�',.•'•�C�;•,°:";�{f:• xt'%��r�.r.�{'�',c�thc �?'#: ti x + !{�,t;{; h:a,:'? : fa' ty}-,`�`£'�'E{ in. ,< ::+tv :fhn,�}}: .:, ±;f �}4 :. ; }}•• , indicates that ! <f {;'<=n: s,:S;t2q :.t,+'t arv,}Y:;;{{:£'` °Y•• x' ,k£c:kft.:J6,,,y.f.?; •.>3k: `>_{-}:6''.?�:. portion Of the lot which a 2. on w t high fe f Ytk ti.>. .<. r.{.rs.?2a.4f construe t,����(��� :' � ��. 9 nee y be constructed. .�l C:£. :'x:'<yh� � ;'F '�: ': :;it•.?r�':y': ?fi'�}� V'•":%�;' .�}.�;k}{�:•: ::'t:�iif;{e:�„i�;,7'i:2:�.e`�:� ��;�{4�� ti��q' "{; { ,#' .{{•n°Zr.4{ i�£r -- n\:• -ux'r'' s 'A" Indicates minimum front yard setback. "0 Diagram. -� 10/18/93 SPOACKI.CCR Chap 11 Ordinance No. 3254 230.90 Contractor's Storage Yards/Mulching Operation Contractor's storage yards in conjunction with public facility improvement contracts, and mulching operations on unimproved public or private properly 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 Chapter 231. Chapter 230 230-41 03/07/94 1902 230.92 Landfill Disposal Sites. Excavation of landfills or land disposal sites shall be subject to the requirements of this :5echo-, article. These provisions are not intended to apply to grading and surcharging operations, .7 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. 19632.1 A. JAA Di=-gW SLtdMnitions- The following words and phrases shall be construed as defined herein unless a different meaning is apparent from the context: I Excavation. Any activity and/or movement of material which exposes waste to the atmosphere. 2. Land disposal site. Any site where land disposal of Group I,H or M waste,as defined by the California B dministrative Cok,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. P92-72 B. Qpmfions Plan, I 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 information regarding the identity, quantity and characterisides 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. 2. 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. 3. Ambient air quality monitoring,as well as other monitoring or testing deemed reasonably necessary, shall be included in the operations plan. 1%32-3 C. AD=-v-d of Operations Man. 1. 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. 2. 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,shah be implemented immediately. Chapter 230 02/25/94 Ordinance No. 3254 1%32A D. HuAtd=W=Sites, For any land disposal site determined to be a L---J 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: 1 All property owners within a 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 2. 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. 3. 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. 19632.5 E. -Operations_Plan Co=. The operations plan shall contain the following: I 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. 2. 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. I A plan showing specific routes for vehicles transporting hazardous wastes from the site. 4- A plan containing specific steps for restoration of the site to a safe condition if excavation is terminated prematurely. ' 1%32.6 F. Exemptions. The following activities shall be exempt from the requirements Of t this article unless otherwise determined by the Director: I The drilling of holes up to twenty-four(24)inches in diameter for telephone or power t-msmission poles or their footings. 2. The drilling of oil wells, gas wells or landfill gas collection wells or the maintenance of gas or leachate collection systems. 3. 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. Chapter 230 230-43 02/25/94 9632.7 G. Emanation Activity Pxohibited, 1. 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. 2. Compliance with the provisions of this article shall not exempt any person from failing to comply with the requirements of the California Health and Safety Code, and any other applicable codes,rules or regulations. Chapter23 230-44 02/25/94 Ordinance No. 3254 Sections: 231.02 Basic Requirements for Of Parking and Loading 231.04 Off-Street Parking and Loading Spaces Required 231.06 Joint Use Parking 231.08 Reduced Parking for Certain Uses 231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area 231.12 Parking Spaces for the Handicapped 231.14 Parking Space Dimensions 231.16 Application of Dimensional Requirements 231.18 Design Standards 231.20 Compact Parking 231.22 Driveways;Visibility 231.24 Landscape Improvements 231-26 Parking Area Plan Required. 9600 231.02 Basic Requirements for Off;Street Parking and Loading 9600.5 A. When Required. At the time of initial occupancy of a site,construction of a structure,or major alteration or enlargement of a site or structure, off-street parking facilities and off-street loading facilities shall be provided in accord with this chapter and parking area landscaping shall be provided in accord with Chapter 232. For the purposes of these requirements, "major alteration or enlargement" shall mean a change of use,an expansion of greater than 50 percent of the existing space in a non-residential building or an addition of bedrooms or units in a residential building. A change in occupancy that does not involve a change in the use classification is not considered a change in use for purposes of this requirement`unless the change in occupancy involves an intensification of use or an increase in parking demand. s600.s B. Noncanforrning Parking or Loading. No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities required by this chapter,provided that facilities being used for off-street parking and loading as of the date of adoption of this chapter shall not be reduced in number to less than that required by this chapter. Expansion of a use with nonconforming parking shall be subject to the following requirements: I. A multi-family residential use with nonconforming parking may be expanded by adding bedrooms or additional units provided that the expansion comply with current standards contained in this chapter; Chapter 231 231-1 02/18/94 side and on a paved area between the driveway and the nearestaP nd that the area is kept provided that there is no projection over any property lime erly free of trash, debris, and parts. Oversized vehicles may be parked in the rear or . side yard except commercial oversized vehicles shall be prohibited in any yard area. 2. A single-family residence with nonconforming parking may be expanded by adding bedrooms provided the dwelling complies with current standards contained in this chapter; and 3. A nonresidential use with nonconforming parking may be expanded less than 50 percent of the existing square footage or intensified if additional parking is provided for the expansion or intensification. Expansions of 50 percent or more of the existing square footage require the site to be in total compliance with the current parking standards contained in this chapter. C. Spaces RM.W-md for Alteration or Enl gent_ The number of parking spaces or loading spaces required for an alteration or enlargement of an existing use or structure, or for a change of occupancy, shall be in addition to the number of spaces existing prior to the alteration,enlargement,or change of occupancy unless the preexisting number is greater than the number prescribed in this chapter. In this case,the number of spaces in excess of the prescribed minimum shall be counted in determining the required number of parking or loading spaces. D. Spaces Required for Multiple Uses. If more than one use is located on a site, the number of off-street parking spaces and loading spaces to be provided shall be equal to the sum of the requirements prescribed for each use. This requirement applies not only to multiple uses under separate ownership but i also to multiple uses in the same ownership. If the gross floor axes of individual uses on the same site is less than that for which a loading spaces would be required by Section 231.06A,but the aggregate gross floor area of all uses is greater than the minimum for which loading spaces would be required,the aggregate gross floor area shall be used in determining the required number of loading spaces. F9;ao.4 E. Location_md Uwnership. Parking facilities required by this chapter shall be on the same site as the use served,except that an adjacent lot may be used which is in the same person's possession as the structure or use. Such possession may be by deed or long-term lease, approved as to form by the City Attorney,and recorded in the office of the County Recorder. A copy of the recorded document stipulating the reservation of the property for parking purposes shall be filed with the City prior to issuance of a building permit and/or certificate of occupancy,whichever occurs first.. No use shall be continued if the parking is removed from the adjacent lot unless substitute parking is provided.Parking facilities provided by a parking district or parking authority are not subject to these kocational requirements. %-0-3 6 I. Parking in. arils in District CQL parking shall be permitted n any_ 9it0.10 required setbacks adjacent to a public street,except driveways. 1-4 sv v Mfame.n7'CE1$3fPcenimd G�o= P t 1FvG9 vnt 7 •• ♦ 1 �Y n+1.Apf_n1I1G-C�f 11AA�.�wnn 1�L)�11�]11/r AT1116lllwSln 2. Par ag in Ards in C or I Districts. Required yards may be used for required parking,subject to the landscaping standards of Chapter 232. Chapter 231 231- 02/18/94 Ordinance No. 3254 96 33.5 3. Access. When a lot abuts an arterial highway and a local street,access to on-site parking shall be from the local street. When a lot abuts an alley,then access to parking shall be provided from the alley unless the Planning Commission approves a different access.When a lot abuts two arterial highways or two local streets,access shall be subject to the approval of the Director of Public Works. 4. Non-residential Parking in R Districts. Non-residential parking serving adjacent commercial or industrial uses shall not be located in any R zoned property. F. Computation of Spaces Required. It in the application of the requirements of this chapter,a fractional number is obtained,one additional parking space or loading 4ath shall be required. G. Other Rgquirements 960o z 1. Any off-street parking or loading facility which is permitted but not required shall comply with all provisions of this chapter governing location,design,improvement and operation. 9600.3 2. Any motor vehicle incapable of movement by its own power and/or not licensed to operate on California streets shall be stored either in an enclosed building or entirely screened from view. 231.+04 Off-Street Parldng and Loading Spaces Required was A. Nonresidential uses shall provide one loading space(minimum fourteen[14] 9530.12 feet in width,twenty [20]feet in length,and fourteen[14]feet in height)for each 20,000 square feet, or fraction thereof,of gross floor area,however,a maximum of three(3)such spaces are required for buildings exceeding 60,000 square feet No loading space is required for non-residential uses with less than 20,000 square feet of gross floor area- 9602 B. Off-street parking spaces shall be provided in accord with the following 9600 schedule. References to spaces per square foot are to be computed on the basis of gross floor area,unless otherwise specified. Where the use is undetermined,the approving body shall determine the probable use and the number of parking and loading spaces required. In order to make this determination,the Director may require the submission of survey data prepared by a state-registered traffic engineer for the applicant or collected at the applicant's expense. Parking spaces over and above the minimum number specified in this section may be required by the body responsible for reviewing the use itself based on the intensity of the use. Chaptsr 231 231-3 02118/94 { OFF-STREET PARMG SPACES REQUIRED: SCHEDULE A Off-Street ParkingUse Classification Spaces 96023 Residential Single-family Dwellings New construction 0-4 bedrooms 2 enclosed and.2 open 5 or more bedrooms 3 enclosed per unit and 3 open per wait Exi,%tg Dwelling 0-4 bedrooms. 2 enclosed and 2 open' . 5 or more bedrooms 2 enclosed per unit and 3 open per unit' In the 1tMH-A district 2 enclosed spaces per unit with up to three bedrooms, and I space for each additional bedroom; I additional space per dwelling where no on-street parking is allowed Multi-family Dwellings Studio/one bedroom 1 enclosed space per unit 2 bedrooms 2 spaces(1 enclosed)per unit 3 or more bedrooms 2.5 spaces(1 enclosed)per unit Guests 0.5 space per unit 'Open spaces may be behind any required spaces and/or on a street adjacent to the property. On-street parking may not be reserved for guests and/or guests but must be available to the ,general public on a first-come,first-serve basis. Chapter 231 231-4 02/18/94 Ordinance No. 3254 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A Off-Street Parking Use Classification Spaces Senior Studio/one bedroom 1 covered space per unit Two bedrooms 1.5 spaces per unit(i covered) Manufactured Homes 2 spaces per unit;one covered,and one may be behind the first Guest 1 per 3 manufactured homes Rooming House 1 space per guest room plus 1 space per ownerlmanager Plus 1 space per each 10 guest rooms Residential Care,Limited 1 per 3 beds 9602.2 Public and Semi-public Clubs and Lodges 1 per 35 sq.ft.used for assembly purposes of 1 per 3 fixed seats(18 inches=one seat),whichever is greater Cultural Facilities 1 per 300 sq. ft. gross floor area Day Care, General I per staff member plus one per classroom Government Offices 1 per 250 sq. ft. gross floor area. Heliports As specified by use permit Hospitals 1 per 1.5 beds Maintenance and Service Facilities 1 per 500 sq. & Chapter 231 231-5 02/18/94 OFF-STREET PARK[NG SPACES REQUIRED: SCHEDULE A Off-Street Parking Use Classification Spaces Park and Recreation Facilities As specified by conditional use perniit for private facilities Public.Safety Facilities As specified by the conditional use permit Religious Assembly 1 per 35 sq. ft.of public assembly area,or 1 per 3 fixed seats(18 inches= 1 seat),whichever is greater Residential.Care,General i per 3 beds,plus additional spaces,as specified by conditional use permit Schools,Public or Private Preschools,nursery day care 1 per staff member,plus one per classroom Elementary,junior high 1.5 per classroom High school/college 7 per classroom Trade schools,music l per 35 square feet of conservatories instruction area Utilities,Major As specified by conditional use permit g6oaz Commercial Adult Businesses As specified by conditional use permit based on actual type of use Ambulance Services 1 per 500 sq. ft.;plus 2 storage spaces Chapter 231 231-6 02/18/94 Ordinance No. 3254 i OFF-STREET PARIONG SPACES REQUIRED: SCHEDULE A Off-street Parking Use Classification Spaces Animal Sales and Services Animal boarding I per 200 sq.ft. Animal grooming I per 200 sq.ft. Animal hospitals I per 200 sq.ft. Animal,retail sales I per 200 sq.ft. Artists'Studios 1 per 1,000 sq.ft. Banks and Savings&Loans 1 per 200 sq. & Drive-Up Service Queue space for 5 cars per teller Building Materials and Services 1 per 1,000 sq.& of lot area; minimum 10 plus 11300 sq.& office area Catering Services I per 400 sq. & Commercial Recreation and Entertaimnent Bowling Alleys 3 per lane,plus I per 250 sq. ft.of public assembly and retail areas Electronic Game Centers I per 200 sq. ft., Stables 1 per 3 corrSIs plus I horse trailer space for each 10 corrals plus 2 for caretaker's unit Tennis/Racquetball 3 per court ZCo s� Chapter 231 231-7 02/18/94 OFF-STREET PARING SPACES REQUIRED: SCHEDULE A Off-Street Parking Use Classification Spaces Theaters 1 per 3 fixed seats,or 1 per 35 sq.ft seating area if there are no fixed seats Other Commercial Recreation As specified by the Zoning and Entertainment Administrator or P1,,nnt n3 Go,+,r►mi�Siori Communications Facilities 1 per 500 sq. ft. Fate and Drinking Establishments with less than 12 seats 1 per 200 sq. ft. with more than 12 seats 1 per 60.sq. ft.or 1 per 100 sq. ft.when on a site with 3 or more uses with dancing Plus 1 per 50 sq.ft.of dancing area with drive through service Plus queue space for 5 caars per service window Food and Beverage Sales 1 per 200 sq. ft. Furniture and Appliance Stores 1 per 500 sq. ft. excluding areas used for storage or loading,but not less than 5 Funeral and Interment Services 1 per 35 sq. ft.of seating space Hardware Stores 1 per 200 sq.ft. excluding areas used for storage or loading,but not less than 5 Horticulture,Limited 1 per 2 acres Laboratories 1 per 500 sq. ft. Chapter 231 231-8 02/18/94 Ordinance No. 3254 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A Off-Street Parking Use Classification Spaces Maintenance and Repair Services 1 per 500 sq. ft. Marine Sales and Services 1 per 500 sq.ft. Nurseries 1 per 1,000 sq.ft.of indoor/outdoor sales and/or display lot area accessible for public viewing,but no less than 10;plus 1 per 300 sq.ft. office area Offices,Business and Professional 1 per 250 sq.ft.for less than 250,000 sq. ft.; 1 per 300 sq_ ft.for 250,000 sq. ft.or more Offices,Medical and Dental 1 per 175 sq.ft. (includes out- patient medical/surgery centers) Pawn Shops 1 per 200 sq. ft. Personal Enrichment Services 1 per�-sq. ft. o� �nstYu ,nn area. Personal Services 1 per 200 sq.fL Research and Development Services 1 per 500 sq. ft. Retail Sales Not Listed Under 1 per 200 sq. ft. Another Use Classification Vehicle/Equipment Sales and Services Automobile Rentals 1 per 1,000 sq. ft. of indoor/outdoor sales and/or display lot area accessible for Public viewing,but no less than 10;plus 1/300 sq.ft. office area; 1/200 sq.ft.auto service area �Scv fiefs, l�dao�,F1�� Nta,4•kcf� �11Dos .� �c�-p�" as mcu� be �P �, G do 1'6,o� +htva3 h 4-G Govidi 1i o+ U peryy�1�a r yProd) ct er subrn i4ct� MV'eW,, G tneev, Chapter 231 31-9 of a l-raf� 02J18N4 OFF-STREET PAREING-SPACES REQUIRED: SCHEDULE A Off-Street Parldng Use Classification Spaces Automobile Washing(Car Wash) Full-service(attended) 10 With fuel sales 12 Self-service (unattended) 1.5 per wash stall Service Stations full-serve/repair garage 1 per 500 sq.ft.but no less than 5 self-serve Q with convenience markets 1 per 200 sq. ft. of retail space but no less than 8 with self-serve car wash 4 with self-serve car wash 10 and convenience market Vehicle/Equipment Repair 1 per 200 sq.ft.but no less than 5 Vehicle/Equipment Sales and 1 per 1,000 square feet of Rentals indoor/outdoor sales and/or display lot am accessible for public viewing,but no less than 10;plus 1 per 300 sq.ft. office area; 1 per 200 sq.ft. auto service area Chapter 231 31-I 02/19/94 Ordinance No. 3254 f I i OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A Off-Street Parlting Use Classification Spaces Vehicle Storage per 5,000 sq.ft.lot area;no less than Visitor Accommodations: Bed and Breakfast 1 per guest room plus 1 guest and 1 manager/owner space Hotels,Motels 1.1 per guest zoom;plus 1 per. rm= port vehicle of 2 stalls}and 2 spaces for any manager's unit and parking for other uses as required by this schedule. Single Room Occupancy,Residential 0.5 per unit if project is Hotels ,within 2,000 feet of public bus stop; 1.0 per unit if project is not with 2,000 feet of public bus stop;plus 1.0 per each resident staff member and 0.5 per all Ware,hoLt5e and 5af e6 040-5 remaining personnel Pe-r 2-00 slime %02.2 Industrial Speculative buildings 1 per 500 square feet (maximum 10%office area) Manufacturing,research 1 per 500 square feet assembly,packaging Wholesaling,warehousing and 1 per 1,000 square feet distributing space Offices 1 per 250 square feet if office area exceeds 10 percent of gross floor area Chapter 231 231-1 ► 02/18/94 OFF-STREET PAREI NG SPACES REQUIRED: SCHEDULE A Off-Street Parking Use Classification Spaces Outside uses: Storage,wrecking/ 1 per 5,000 square feet of salvage and lumber yards lot area,but no less than 5 Minx-storage facilities Single-story 1 per 5,000 square feet Each additional story 1 per 2,000 square feet plus 2 spaces for any caretaker's unit Chapter 231 231-12 02/18/94 Ordinance No. 3254 a56.r 231.06 Joint Use Parking In the event that two (2)or more uses occupy the same building, lot or parcel of land,the total requirement for off street parking shall be the sum of each individual use computed separately except as provided in this section. The Planning Commission or Zoning Administrator may grant a reduction in the total number of required spaces as part of the entitlement for the use or uses, or by conditional use permit when no other entitlement is required,when the applicant can demonstrate that the various uses have divergent needs in terms of daytime versus nighttime hours or weekday versus weekend hours. Such joint use approvals shall be subject to the following: 1. The maximum distance between the building or use and the nearest point of the parking spaces or parking facility shall be 250 feet; and 2. There shall be no conflict in the operating hours based on parking space requirements for the different uses on the parcel;and 3. Evidence of an agreement for such joint use shall be provided by proper legal instrument, approved as to form by the City Attorney. The instrument shall be recorded in the office of the County Recorder and shall be filed with the City prior to issuance of building permit and/or certificate of occupancy,whichever occurs first. i 1 231.08 Reduced Parking for Certain Uses A. The Planning Commission may approve a conditional use permit reducing the number of spaces to less than the number specified in the schedule in Section 231.04,provided that the following findings are made: 1. The parking demand will be less than the requirement in Schedule A; and 2. The probable long-term occupancy of the building or structure,based on its design,will not generate additional parking demand; and 3. A Transportation Demand Management plan which exceeds the minimum required by Section 230.36 has been approved by the Director. B. In reaching a decision,the Planning Commission shall consider survey data prepared by a state-registered traffic engineer that is submitted by an applicant or collected at the applicant's request and expense. 96065 231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area pri Yaffe pray Parking requirements for uses within the Downtown Specific Plan Area ma be met b payment pf�n"in lieu" Tee for providing parking in a parking facility. Said fee maybe paid i�rWi'itastallments. The first installment in an amount established by City Council [5,bj,,+ iv c--A konat use. Fewexi4 apPvoval by +-kc. Ptax.n Jlnq 231-1 �e.nm�ssron.� Chapter 231 02J18/94 J Resolution for each parking space shall be paid prior to the issuance of building permits or of a certificate of occupancy,whichever comes first. The second' r bond in aro+rn am�c�artA f-ahy-^se n11m�f sb211 he-! iJad*rf theGi Any 5u.ccessrve ,ns+atiw+ +s st,atl be ��o[ a" sec Ared b y a meth" 5," e-4&4*hsheA n +sa- ccrL"o.1s o f o f pro✓a.� 9602 i 231.12 Parking Spaces for the Handicapped New and existing parking facilities shall comply with the State Handicapped Regulations as mandated in State law. .231.14 Parking Space Dimensions Required parking spaces shall have the following minimum dimensions in feet. Striping requirements are depicted in Diagram A. Directional signs and/or pavement markings shall be provided in any facility in which one-way traffic is established. Angle Stall Stall Aisle Width' of Parking Wid I=way_ 2rm= 00 9 19(with 8 ft striped 12 20 (Parallel)maneuvering area between every 2 spaces) 300 9 19 14 20 450 9 19 15 20 600 9 19 20 20 900 9 .19 26 26 Residential 9 19 25 25 Compact 8 17 subject to Section 231.20 }Minimum 24 feet when determined by Fire Department to be a fire lane. Chapter 231 231-1 02/18/94 ordinance No. 3254 30*, 45° & 60°Parking q 24 In..Exterior Dimension 18 In.Interior Dimension 90° Parking 24 In. Exterior Dimension f t r' fwm-� j 18 In. Interior i Dimension 19 Ft------� -Parallel Parking ,r 8 ft 19 fl �F---19 ft Diagram A STRIPING REQUIREMENTS Zoo-s'Mr Chapter 231 231-15 11/09/93 231.16 Application of Dimensional Requirements A. Relation to Halls and-Posts/Colw=- A parking space on a site with more than five(5)parking spaces and which is adjacent to a wall over twelve(12) inches in height shall be increased in width by three(3)feet Post/column may be permitted along the side of each space only within three(3)feet of the head and foot of each stall. B. Vertical Clearance. Vertical clearance for parking spaces shall be 7 feet, except that an entrance may be 6.67 feet When handicapped parking is provided,vertical clearance shall comply with California Code of Regulations (Title 24,Pan 2,Chapter 2-71). For residential uses,non-structural improvements including wall-mounted shelves,storage surface racks, or cabinets may encroach into the vertical clearance,provided a minimum 4.5 feet vertical clearance is maintained above the finished floor of the garage within the front 5 feet of a parking space- 9601.4 C. Wheel Sterns. All spaces shall have wheel stops 2.5 feet from a fence,wall, building or walkway. %07.6a D. Parking Space Dimension Reduction. When a parking space abuts a landscape planter,the front 2 feet of the required 19 foot length for a parking space may overhang the planter as provided in Chapter 232. 231.18 Design Standards 19601.1 A. Euhljg works Lr4uin==. Drive entrances on arterial highways shall be L---J located in a manner to coordinate with future median openings and in accord with Department of Public Works standards. The paved surface of driveways and drive entrances shall comply with Department of Public Works specifications. Parking facilities shall be prepared, graded, and paved to ensure that all surface waters will dram into a public street,alley, storm drain, or other drainage system approved by the Department of Public Works. Aisle ways without adjacent parking shall be a minimum 24 feet in width. 96012 B. Circulation design. All off-street parking spaces shall have access to a public street or alley,and shall have internal circulation,safe entrances and exits, drives,and aisles in conformance with City standards. Every required parking space shall have unobstructed access from an aisle without moving another vehicle. All parking spaces,except residential garages and carports for single-family dwellings and duplexes,shall have forward travel to and from parking facilities when access is to a dedicated street. Traffic circulation shall be designed so that no vehicle need enter a public street in order to progress from one aisle to any other aisle within the same development. Chapter 231 231-16 02/18/94 Ordinance No. 3254 Commercial centers which have 200 parking spaces or more shall have at least one main entrance designed as depicted in Diagram B. I 1 I 100, i . 4 ft. I ! I 24 ft - I y� Le' Pt 4 ft g _ } Diagram B COMMERCIAL CENTER MAIN E N1-R.ANCE FOR PARKING LOTS WITH OVER 2100 SPACES Chapter 231 231-17 02/18/94 A minimum 3-foot-by-3-foot-wide maneuvering area shall be provided at the end of dead-end parking aisles less than 150 feet in length. A vehicle turnaround space shall be provided at the end of all dead-end parking aisles which exceed 150 feet in length(measured from the closest intersecting aisle with complete circulation). The maneuvering area and turnaround space shad be designed as depicted in Diagram C. Other turnaround arrangements providing the same maneuverability are subject to approval by the Director. 2 ft. _ 1 , top s ! Mancuvcring 19 ft ! Stop � area r rc 2S ft. ht-- 9 f t. ! 1 � r Turn- around 4 26 ft' ! space 3 ft. �3 h. 12" Step of area s Diagram C TMN-AROUND SP&CE AND AIANUEVERING AREA s�ot_s C. Illu-mination. All parking area lighting shall be energy-efficient and designed so as not to produce glare on adjacent Yesidential properties. Security lighting shall be provided in areas accessible to the public during nighttime hours, and such lighting shall be on a time-clock or photo-sensor system. 0 D. Resido:fial parkin sr�o.6s 1. Cadges gnd Camarts_ All required garages and carports,permitted as accessory structures,shall be constructed at the same time as the main building and shall be used only by persons residing on the premises for storage of personal vehicles and other personal property. 9603.10 2. Assizes wt of Spam, Each studio and one bedroom dwelling unit shall have a minimum of one assigned parking space and each two or more bedroom units shall have a minimum of two assigned parking spaces. Each dwelling unit shall have an enclosed,assigned space which shall be within 200 feet walking distance of that unit and designated as such. The assigned spaces shall be provided with the rental of a dwelling unit without any additional cost. All unassigned spaces provided on site shall be open and only used for the parking of vehicles by persons residing on the property or their guests. Chapter 231 231-18 02/18/94 i 9603.3 3. ng_Radio. The minimum turning radius for any garage, carport or open parking space,entered directly from an alley or driveway, shall be 25 feet. (See Diagram D) 4 STREET 25' —ALLEY DRIVEW Y STREET Diagram D STREET TURNING RADIUS TURNWYM4 9603.4 4. Driveway Width. Lazffi ofDrive Minimum Driveway Widj 150 feet or less 10 ft.for single family dwellings 20 ft. for multi-family dwellings Greater t m 150 feet 20 feet clear width Exception: when designated as fire lane,all Fire Department requirements shall apply- 9603.7 51' Q Pst P r in , All guest parking shall be fully accessible. 9730•66 6. C agal Z=. Each dwelling.unit located in the Coastal Zone shall 9643.1 have a minimum of 2 on-site parking spaces. If the total coastal parking requirements exceed the total minimum parking as required by this chapter,the additional required parking spaces may be in tandem with enclosed spaces,provided the tandem space is assigned to an enclosed space and complies with the required turning radius. Chapter 231 231-19 02/18/94 9603.9 7. Planned Residential Developments. In a planned residential development where a garage is constructed a minimum of 20 feet from the curb,the driveway in front of the garage may be used to provide one of the required uncovered spaces. 9M3.12 8. Driveway Air 52= The air space above all driveways which exceed 150 feet in length shall remain open to the sky,except that eaves or roof overhangs with a maximum 4-foot projection may be permitted above a height of 14 feet. 9603.13 9. Siam--W,Spacee. 100 cubic feet of enclosed storage space for each unit shall be provided in a secured parking area where there is no private garage. E. Nonresidential ParIging and Loading. 9604.1 1. Designated Parking. Parking spaces within an integrated,non- residential complex shall not be designated for exclusive use of any individual tenant except as authorized by a parking management plan approved by the Director. 96oa_z 2. Parking CQntrols. Parking controls,such as valet service,gates or booths, and/or collection of fees may be permitted when authorized by conditional use permit approval by the Planning Commission. 6 9W4A 3. MiniM Driveway,Width. 25 feet when providing access to the rear of a structure. auR°� 4. Recipmcal Access. Reciprocal ingress/egress�with adjacent properties shall be provided for all commercial properties. 9604.6 5. Loa-ding Location. On a site adjoining an alley,a required loading space shall be accessible from the alley unless alternative access is approved by the Director. An occupied loading space shall not prevent access to a required parking space. Truck or rail loading,dock facilities,and doors for such facilities shall not face or be located within 45 feet of property zoned or general planned residential. 9604.7 6. Loading DesigLL Any loading facility shall be designed and located so that vehicles need not extend onto the public sidewalks, streets or alleys during loading activities. 96o4.s 7. Laudr WBnffeL Where the side or rear yard of a parcel is used for loading activities and-abuts an R District,a landscaped buffer along the property line shall be provided. MOM F. Se mal.and Jgmpwry Parking Lots. Seasonal and temporary parking lots %sosb may be allowed u an a roval of a conditional use permit b the Zoning 9sas.1 Administrator. Seasonal lots may operate only from Memorial Day through the third weekend in September and shall.be located within 1,000 yards of the mean high tide line of the Pacific Ocean. Temporary and seasonal commercial parking lots may be permitted for a maximum of five years. The Chapter 231 231-2 02/18/94 Ordinance No. 3254 i design and layout of seasonal and temporary parking lots shall comply with this chapter,Fire Department requirements,and the following standards: 1. Paving shall be 2 inches of asphalt over compacted native soil,or as approved by the Department;except seasonal parking lots shall be surfaced to meet minimum specifications for support of vehicles and to provide dust control as required by the Zoning Administrator. 2. Boundaries of such lots shall be marked off and secured by chain or cable,with posts a minimum of 3 feet in height, solidly built. At a minimum,posts shall consist of 4"x 4"wood or equivalent metal posts a minimum of l-1/2 inches in diameter securely set in the ground and placed 8 feet on center. The posts shall be connected with at least 1 strand of 1/2-inch cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. Seasonal lots shall be secured to prevent overnight parking between the closing hour on one business day and the opening hour the following business day. 3. Temporary parking lots shall have landscaped planters with an inside dimension of 3 feet along street-side property lines excluding driveways. Landscaping shall be protected from vehicle and pedestrian damage by wheel bumpers(asphalt,concrete,or wood),or asphalt or concrete curbs,or any other design that will provide adequate protection. 4. Seasonal parking lots are exempt from landscaping requirements of Chapter 232.: 5. Directional and informational signs shall be displayed on-site to identify the entrance(s),fees, and hours of operation. Such signs shall be located at the entrance of the parking lot and shall not exceed 12 square feet and shall be 6 feet high. Signs for seasonal parking lots shall be removed from the site each season no later than the third weekend in September. 6. Automatic entry devices or fee collection points shall be set back a minimum of 20 feet from the public right-of-way, or at a distance recommended by the Department of Public Works and approved by the Director. 7. An attendant shall be on duty at all times during business hours of seasonal parking lots. 8. An approved fire extinguisher shall be provided on the premises during business hours. 9. The site shall be maintained in a clean condition, free from trash and debris. Trash containers shall be placed on the site to accommodate and store all trash that accumulates on the lot. Chapter 231 231-21 02/18/94 1 For seasonal parking lots,a certificate of insurance for combined.single Iimit bodily injury and/or property damage including products liability in the amount of$1,000,000 per occurrence shall be filed with the Department of Administrative Services. A hold harmless agreement holding the City harmless shall also be filed with the Department of Administrative Services. Subsequent to approval of an application for any seasonal or temporary parking lot,the applicant shall meet all standards and requirements and install all improvements. Theparking lot shall then be inspected and approved by the Director prior to issuance of a Certificate to Operate. 96ou-� G. Parking Structures: Parking structures above or below-grade shall be subject to conditional use permit approval by the Planning Commission when no other entitlement is required. All parking structures shall comply with the following requirements: 1. Transition ramps which are also used as back-up space for parking stalls shall have a maximum slope of 5 percent. The maximum slope for transition ramps with no adjacent parking spaces shall be 10 percent. A ramp used for ingress and egress to a public street shall have a transition section at least 16 feet long and a maximum slope of 5 percent. 2. Parking structures with over 300 spaces shall provide secondary circulation ramps and additional ingress and egress if deemed necessary by a traffic study prepared by a state-registered traffic engineer. 3. Parking structures shall be provided with a minimum i 0-foot-wide perimeter landscape planter at ground level. Parked cars shall be screened on each level through landscape planters or trellises and/or decorative screening wall or railings. The Design Review Board shall approve the landscaping plan. 4. All parking structures shall be architecturally compatible with existing or proposed structures and shall be subject to review and approval by the Design Review Board prior to hearing. The Design Review Board shall consider the following factors in reviewing a proposal: bulls, scale,proportion,building materials,colors,signage,architectural features,and landscaping. 5. All parking structures proposed for conversion to a fee parking arrangement shall be subject to conditional use permit approval by the Planning Commission. 231.20 Compact Parldng The Planning Commission, City Council,or Zoning Administrator,whichever is the review body,may allow use of compact parking to satisfy a portion of the required parking upon finding that compact parking will result in a more effective and efficient circulation pattern and parking layout and enhance the general appearance of the development and its surroundings. Compact spaces shall be distributed throughout the parking area and have the same aisle width as full-size spaces. Chapter 231 231 22 02/18/94 Ordinance No. 3254 Compact spaces shall be marked "COMPACT" on the foot of the stall. The number permitted shall be subject to the following standards: A. Non-residential developments with a minima,,,of 20 spaces shall be permitted to have 20 percent of the total spaces as compact parking. B. Residential developments with a minimum of 50 units may have 20 percent of the non-guest parking spaces as compact provided that an equitable system of assignment and distribution has been established. n 231.22 Driveways; Visibility Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall be consistent with the requirements of Section 230.88, 231.24 Landscape Improvements Landscape,planting and irrigation plans shall be prepared consistent with the requirements of Chapter 232. 231.26 Parking Area Plan Required ' 1 Prior to the construction,reconstruction,or restriping of an off-street parking area,a parking area plan shall be submitted to the Director for the purpose of indicating compliance with the provisions of this section. This plan shall include: A. Location and description of fencing and architectural screen walls. B. Location and placement of parking stalls,including bumpers,striping and circulation, all dimensioned to permit comparison with approved parking standards. C. Location and placement of lights provided to illuminate the parking area. D. A drainage plan showing drainage to a public way in accordance with accepted standards or practices. E. A landscape,planting and irrigation plan prepared consistent with the requirements of Chapter 232. Single-family dwellings on pre-existing lots are exempt from this requirement. Chapter 231 231-23 02/18/94 � 1 INTENTIONALLY LEFT BLANK F J Ordinance No. 3254 Sections: 232.02 Applicability 232.04 General Requirements 232.06 Materials 232.08 Design Standards 232.10 Irrigation 232.12 Exceptions 232.02 Applicability Minimum site landscaping and required planting areas shall be installed and maintained in accord with the standards and requirements of this Chapter,which shall apply to all nonresidential projects, multi family residential projects consisting of 5 or more units,residential projects in the RMH A subdistrict,and common areas of common interest residential subdivisions. All other Residential projects in RL,RM,RMH,and RH districts consisting of 4 or less units shall comply only with the general tree requirements of this chapter. S 9977 232.04 General Requirements. A. Landscape plans shall be prepared by a California State Licensed Landscape Architect except plans for residential projects with 4 units or less may be prepared by the developer or a California Licensed Landscape Contractor. The plans shall be submitted to the Public Works and Community Development Departments and receive approval prior to issuance of a building permit. No significant or substantive changes to approved landscaping or irrigation plans shall be made without prior written approval by the Director and the landscape designer. Substantial changes shall require approval of the Pla nn�Commission or Zoning Administrator,whichever granted approval of the project. B. Landscape improvements shall comply with the Arborieultural and Landscape Standards and Specifications on file in the Department of Public Works. C. Landscape materials shall not be located such that,at maturity: i. They interfere with safe sight distances for vehicular,bicycle or pedestrian traffic; 2. They conflict with overhead or underground utility lines,overhead lights,or walkway lights;or 3. They block pedestrian or bicycle ways. Chapter 232 232-1 02/18/94 D. Evidence of completion of required landscaping and irrigation improvements shall be supplied to the Public'Works Department on a Landscape Certification form. This form shall be required to be submitted prior to issuance of an occupancy permit for new construction The Director shall approve a postponement of the required tree planting for specific residential projects when the Covenants,Conditions,and Restrictions (CC&R's)for the project require installation of the City required tree Planting within 90 days from date of occupancy of residential dwelling by the prospective homeowner. a� E. If mature trees that were orgmally required to be planted by this code, conditions of approval,or designed plans are removed,or if mature trees that are considered as specimen trees are removed, or if the trees are permanently disfigured or mutilated beyond their ability to regrow to an acceptable form for that specific variety,then those trees shall be replaced and,whenever possible,with equivalent size and specie per the projects original approved plans. 232.06 Materials Landscape improvement plans shall be harmonious with the architectural design and demonstrate a recognizable pattern or theme for the overall development by choice and location of materials. Landscape plans shall conform to the following: A. Plant materials shall be selected for energy efficiency and drought tolerance; adaptability and relationship to Huntington Beach environment;color,form and pattern;ability to provide shade; soil retention,fire resistiveness, etc. The overall landscape plan shall be integrated with all elements of the project, such as buildings, parking lots and streets,to achieve desirable micro-climate and minimize energy demand and water use. B. The use of crushed rock or gravel for large area coverage shall be avoided. C. Nonturf areas,such as shrub beds, shall be top dressed with a bark chip mulch or approved alternative. D. Where shrubs or low-level vegetation are used,vegetative matter at maturity shall cover at least 75 percent of actual planted area. E. The use of landscape materials shall be designed to minimize sun exposure of paved surfaces and structures. F. Irrigation systems shall be in accordance with the City water efficient landscape requirements of Chapter 14.52 and the Arboricultural,Standards and Specifications on file in the Department of Public Works. G. Turf areas shall be minimizer. Those areas proposed shall be planted with field-grown established drought tolerant sod. Seeding may be allowed by the Director. H. Seventy-five percent of all shrubs,except those used for ground cover,shall be a minimum 5-gallon size. I. Ground cover areas shall be planted with well-rooted cuttings or container stock. Chapter 232 232 2 02/18/94 Ordinance No. 3254 ' T 232.08 Design Standards A. Gam.eral PIa truer' g Provisions_ I A minimum of 8 percent of the total net site area shall be landscaped,or as required by Title 21 or conditions of approval. 2. For traffic visibility purposes,the maximum height of shrubbery shall be 32 inches within any parking area and within 5 feet of any driveway. (See Diagrams A,B,C,D) 3. Turf shall not be installed on grade differential greater than 4:1. Where the maximum overall grade differential is three(3)feet,3:1 shall be considered maximum. 4. Any planter or screen wall shall be placed behind the landscape area and shall set back 5 feet from the edge of any alley or driveway. (See Diagram C) %07.3 B. General Tree Requirements. 1. Each single family residential lot less than 45 feet in width shall have one 24 inch box tree planted within the front setback area. One 24 inch box tree shall also be planted in the streetside yard adjacent to a street without a parkway. f. 2. Each single family residential lot 45 feet or greater in width shall have one 36- inch box tree planted within the front setback area. One 36 inch box tree shall also be planted in the str©etside yard adjacent to a street without a parkway. 3. Multi-family residential lots shall have one 36 inch box tree for every 45 lineal feet of street frontage planted within the setback areas adjacent to a street. In addition,there shall be one 36 inch box tree planted within the common open space areas for each ground or first level unit. 4. Non-residential developments shall have one 36 inch box tree for each 45 lineal feet of street frontage planted within the first 15 feet of the setback area adjacent to a street. 5. Specimen palms may be substituted at a ratio of 1/2 foot brown trunk height for one inch of box tree inch required. C. Off-Street Parking Fad ities 9T7 3-1 1. A 10-foot wide landscaped planter area(inside dimension)shall be provided between any street side property line and a parking area except at driveway openings. Berming shall be a minimum of 20 inches in height. When a planting area is less than 10 feet wide,a 32 inch.high wall shall be provided. Where grade differential would not permit mounding, alternatives shown in Diagram B may be used. (See Diagrams A,B, C) n 2. Parking facilities shall have perimeter landscaping areas as follows: Chapter 232 232-3 02/18/94 a. Areas shall be a minimum 3 feet in plantable width and include one tree for each 90 square feet of landscaped area. b. Areas shall be increased to 5 feet in plantable width when the parking facility dimension is more than 100 feet adjacent to the side or rear property line- C. Minimum plantable area for each tree shall be 48 inches square. 96072 3. Interior landscaping areas shall be distributed throughout the ekin area and shall equal 5 percent of the perimeter landscaping area. These areas shall include a minimum of one minimum 24-inch box tree for every 10 parking spaces shall be located throughout the parking area 4. The end of each row of parking spaces shall be separated from driveways by a landscaped planter,minimum 2 feet wide and in addition include a step off area. (See Diagrams C,E) 9s07.5 5. Planter areas adjacent to parking spaces shall be provided with a 12- inch wide by 3 1/2 inch-thick"step off area flush with and behind the curb for the entire length of planter or provide 4-foot-square or 5-foot- diameter circular planter surrounded by textured/and/or colored concrete. 6. A concrete curb may be required adjacent to the sidewalk within the right- of--way. (Refer to the Arboricultural and Landscape Standards and Specifications) 9 07.6 7. All parking area landscaping shall be protected from vehicular and pedestrian damage by a 6-inch-high,6-inch-wide curb of portland cement concrete. Additional protection shall be provided by one of the following methods: a. Two(2)feet of landscaping consisting of low shrubs or ground cover may be provided between a parking stall and the required landscape area. The additional landscaping shall not count toward the required i percentage of landscaping or minimum planter width. This method will allow vehicles to extend over the additional landscape area in conjunction with permitting a reduction in the required length of the parking space from 19 feet to 17 feet;or b. Other alternatives acceptable to the Director. 9607.5 232.10 Irrigation All landscape areas shall be provided with a permanent underground,electrically automated irrigation systems,designed to provide complete and adequate coverage to sustain and promote healthy plant life. The irrigation system shall not cause water to spray onto or cause water,mud or debris to flow across a public sidewalk. Pop-up sprinkler heads shall be required directly adjacent to all pedestrian or vehicular surfaces and located in areas that avoid vehicle overhang. See Section 232.06F. Chapter 232 232-4 02/18/94 Ordinance No. 3254 4F7 7 232.12 Exceptions Existing developments approved prior to June 7, 1983, shall,at the time of expansion and/or exterior modification,provide 6 percent of the total net site area in landscaping with a minimum 6-Moot-wide landscape planter(inside dimension)along any street side property line. Current tree quantity and size requirements shall apply. Exiling developments located adjacent to.a landscape corridor as depicted in the General Plan shall at the time of expansion and/or exterior modification provide a i 0-foot-wide planter with 6 percent of the site landscaped. Chapter 232 232-5 02/18/94 PROPERY LINE 10' MIN. LANDSCAPE AREA INSIDE CURB FACE 8ER SIDEWALK 6" 18" SHRUBS OPL WHE GU TT MIN. A f C GRADE PARKING j4l LOT GRADE 6" 6" CLR. 20's 32" MIN. CONC. CURB MAX. CURB (REO. IF GROUND COVER Is USED). SECTION s 10' MIN. LANDSCAPED AREA 18" HIGH BERM 1 1 1 l # + j WOODY SHRUBS s' WHEEL l i STOP Z 0 \11_�oo �LLJ- < oa, U Z 1- L D _ x v w _ Q 0 0 18" HIGH BERM PLAN , DIAGRAM A -- REQUIRED LANDSCAPE PLANTER AND BERMING N.T.S. ordinance No. 3254 PROPERY LINE 6' MIN. INSIDE WALL FACE LANDSCAPE AREA f-- SHRUBS IF DESIRED PLANTER SCREEN WALL (APPROVED MASONRY RETAINING WALL) CURB & x Q GUTTER 6'r - SIDEWALK "' A/C GRADE WHEEL STOP Cv o PARKING 6"-J 6" CLR. LOT GRADE CONC. CURB (REQ. IF GROUND GROUND COVER/TURF I . COVER IS USED). SECTION IV j WHEEL STOP � Y , 6' MIN. PARKING u w LANDSCAPE AREA STEP OFF AREA S � LANDSCAPE AREA w PLANTER SCREENWALL (APPROVED MASONRY o RETAINING WALL) t M LANDSCAPE AREA r- Y Li cn V w STEP OFF AREA 6' MIN. LANDSCAPE AREA PARKING WHEEL STOP ly PLAN DIAGRAM C -- LANDSCAPE PLANTER AND BERMING N.T.S. ?���— l PROPERY LINE 10' MIN. 2'-6" j LANDSCAPE AREA OVERHANG ALLOWANCE GROUND COVER. I WHEEL STOF , CURB & HRUBS PARKING GUTTER LOT GRADE 6" SIDE WALK 1 � -�` 32" CURB A/C GRADE _ter MAX. 6" 6" CLR. SOD LAWN OR , GROUND COVER CONC. CURB (REO. IF GROUND COVER IS USED). UPHILL CONDITION PROPERY LINE 10' MIN. 2'-6" ; ' LANDSCAPE AREA OVERHANGALLOWANCE i CURB & , GUTTER ' SIDEWALK /-GROUND COVER ABC GRADE SHRUBS WHEEL STOP PARKING LOT GRADE SOD LAWN OR GROUND COVER CURS DOWNHILL CONDITION DIAGRAM B -- GRADE DIFFERENTIAL SECTIONS N.T.S. Z3�- _7 Ordinance No. PROPERY LINE 6' MIN_ LANDSCAPE AREA WOODY SHRUBS (CCItsS STRAIGHT ROWS) CURB & r GUTTER SIDEWALK r WI-IEEL STC A/C GRADE�\ "} PARKING ' LOT GRAC WL)7 SECTION CURB DIAGRAM D N.T.S. 12" CONC. STEP OFF AREA (3 1/2" MIN. THICK CONC.) W U¢ DRIVE tn a LANE 3 -�--- PARKING --�- 5' D OOQO QO O Oa 00 O aa�COap C CURB p yr ;^��^ .- a°ago 6" CURB T1 D H��+-�- 18Ali N. k4' SO. boo°°°;o N M+�R1 /ti• o 0 oa a DETAIL "r"c ap000 0 0 OHO 00 DIAGRAM F N.T.S. STEP OFF AREA (TV) T FAI, DIAGRAMI E -- PARKING ISLAND WITH STEP OFF AREA N.T.S. 2-?) ��? OBrown Trunk Height Measurement to Lowest Viable y Frond Petiole 1. F Skinned Trunk f �. a � M a I ch �-�' Z: Ordinance No. 3254 EMIR I mxn_ Sections: 233.02 Definitions 233.04 Exempt Signs 233.06 Permits Required 233.08 On-Site Permitted Signs 233.10 Subdivisional Directional Signs 233.12 Electronic Readerboards 23314 Readerboard Signs Multiple Users 233.16 Illumination;Movement 233.18 Promotional Activity Signs 233.20 Miscellaneous Signs and Provisions 233.22 Prohibited Signs 233.24 Off-Site Advertising Signs 233.26 Planned Sign Program 233.28 Nonconforming Signs 233.30 . Design Review 233.32 Code Compliance 233.02 Definitions The following definitions shall apply to the provisions in this Chapter. General definitions are contained in Chapter 203 %10.10 A. Abandotzed Sian: a sign which no longer directs,advertises or identifies a legal business establishment,product or activity on the premises where such sign is displayed. B. Alteration: any change of copy,sign face,color,size, shape,illumination, position,location, construction,or supporting structure of any sign. C. Animated Sinn:any sign which is designed to give a message through a sequence of progressive changes of parts or lights or degree of lighting. D. Area of Sign:the area included within the-outer dimensions of a sign.For signs without a border or frame(channel or skeleton letters),the area shall be within a rectangle formed around the extreme outer limits of the sign message, including all figures and any background or color which is an integral part of the sign. E. ,A-y-ming: a shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework. Cbapter 233 233-1 03/11/94 1 F. Awning Sign:a sign painted on,printed on, or attached flat against the surface of an awning. G. Bmer Sian:a temporary sign composed of fabric or flexible material with no enclosing frame. H. Business Identification Sign: a sign which serves to identify only the name and address of the premises,business,building or portion of building upon which it is located and includes no other advertising such as product lists,phone numbers and hours of operation.Logos may also be permitted. I. Building Frontage:the lineal extent of a building or activity which has frontage on either a street or parking area. Only one side of the building facing the street or parking area shall be used to determine the maximum sign area J. canonv:a permanent roof-like structure projecting beyond a building and extending along and projecting beyond the wall of a building,generally designed and constructed to provide protection from the weather. K. C_ hangeable CoM Sign:a sign or portion thereof with characters,letters or illustrations that can be changed manually or electrically without altering the face or surface of the sign. L. Channel Ietters: individual letters or figures,illuminated or un illuminated, affixed to a building or freestanding sign structure. t.. M. C,QIrlw=ial Center: Any site containing three(3)or more commercial activities- N. Goo gtruction Sign: a temporary sign identifying the persons,firms or businesses directly connected with a construction or development project and may include the name of the future site occupant. O. Directional SiM. an on-premise incidental sign designed to guide or direct pedestrian.or vehicular traffic. P. Electronic Readerboard: a changeable message sign consisting of a matrix of lamps which are computer controlled. Q. Flashing S� an illuminated sign which contains an intermittent or sequential flashing light source or any other such means to attract attention. This definition is not intended to include"changeable copy signs" or"animated signs." R. Freestanding Sign: a sign permanently attached to the ground and which does not have a building as its primary structural support. This includes ground signs,pole signs and monument signs. S. Grand Opening:a promotional activity not exceeding ninety(90)calendar days used by newly established businesses to inform the public of their location and services. T. Ground Sign: see Freestanding Sign. Chapter 233 233-2 02/22/94 Ordinance No. 3254 U. Illegal i :a sign which does not meet the requirements of this ordinance and which has not received legal nonconforming status. V. Incid�e W Sigh:a small sign pertaining to goods,products,services or facilities which are available on the premises where the sign occurs and intended primarily for the convenience or the public. W. Indimet illumina on:a light cast on the surface of a sign from an exterior source. X. Integrated Development: a development or site comprised of one or more parcels served by common access ways,driveways,parking and landscaping. Y. Interior illumination:any sign face which is artificially lit from the inside. Z. Item 4f i ormation: each word,design, symbol,or figure. A.A. Losso: a trademark or company name symbol. BB. M-aEWI=: see Canopy. CC. Mansard. a sloped roof or roof-like facade. DD. Monumot Sign:a free-standing sign with a solid base. f EE. Moving S�any sign or device which has any visible moving part,visible revolving part,or visible mechanical movement. FF. Name pIate Sign: an attached sign which designates the names and/or address of a business,and/or the words„entrance" or"exit." GG. Noncorbrming Sim: a sign which was erected legally but which does not comply with subsequently enacted sign restrictions and provisions. HE Off-SLR : any sign which advertises goods,products,services or facilities not sold,produced,manufactured or fiunished on the premises on which the sign is located. These signs are also known as outdoor advertising,billboards, and poster panels. II. On-Site S o: a sign which pertains to the use(s)of the site on which it is located. JJ. ¢pent Home- Sian:a sign which identifies a building for sale or lease which is open and available for inspection,and sets forth no other advertisement. KK. Point of Purchase Disnlav: advertising of a retail item accompanying its display, e.g.,an advertisement on a product dispenser. LL. Pole-sign: see Freestanding Sign. Chapter 233 233-3 02/22/94 1 y MM. Politim Sian:a sign identifying either a candidate for public office or an issue relating to a forthcoming election. NN. Portable Sian: any sign not permanently attached to the ground or a building. 00. F=jcctng sign:a sign which is attached to and projects from the wall of the building more than 18 inches and which has its display surface perpendicular to such wall,to the structure to which it is attached. PP. Promotional Activity S�a temporary sign used to advertise a short term special activity or sale,i.e., grand opening,under new ownership,fall sale. QQ. Public Service Information Sign:any sign intended primarily to promote items of general interest to the community such as time,temperature,date, atmospheric conditions,news or traffic controh,etc. RR. Real Estate SiQ :any temporary sign indicating that the premises on whuch the sign is located is for sale,lease or rent. SS. & Sigu,: an attached sign constructed upon or over a roof,or placed so as to extend above the visible roofline;or a freestanding sign which is greater in height than the building it serves to identify. TT. Rotating Sign: any sign or portion thereof which physically revolves about an axis- UU. :any medium for visual communication including its structure and component parts,which is used or intended to be used to attract attention- VV. Sian Cony:any words,letters,numbers,figures,designs or other symbolic representation incorporated into a sign for the purpose of attracting attention. WW.Si1q,one or more parcels of land identified by the assessor's records where an integrated building development has been approved or proposed. The site shall include all parcels of land contained within or a part of the development application. XX. Site Frontage:the length of a lot or parcel of land along or fronting on a street. YY. Special EymSign:a temporary sign advertising or pertaining to any civic, patriotic,or special event of a general public interest taking place within the city. ZZ. Subdivision Directional Sign: a sign providing direction to a land development project pursuant to this chapter. AAA- SQgrg WWg7 a painted design which covers an area greater than ten percent of a wall,building facade,or other structure. BBB. Trary Sian:a sign which is installed for a limited time and is not constructed or intended for long-term use. CCC. Teri ,wry Window Ste: a sign painted or constructed of paper or other Chapter 233 233-4 02/22194 Ordinance No. 3254 3 lightweight material and affixed to the interior or exterior side of a window or glass area on a building for a limited time. DDD. Wall Sim:any sign which is attached or erected on the exterior,posted,or painted or suspended from or otherwise affixed wall of a building including the parapet, with the display surface of the sign parallel to the building wall,and which does not project more than eighteen(18)inches from the building,or project above the height of the wall or parapet EEE. Window Siva:a sign in which the name,address,phone number, or hours of operation are applied directly to the window of a business or a sign visible through the window from the street Pao-3 233.04 Exempt Signs Signs exempt from the sign permit requirements of this chapter include: A. Corner stones,including names of buildings, dates of erection, and citations that are made an integral part of the structure. B. Credit card,trading stamp,or trade association signs not exceeding 0.5 square feet each. C. Governmental flags of any governmental agency not used for commercial promotional purposes. D. Neighborhood Watch signs. E. Notices posted by a utility or other quasi-public agent in the performance of a public duty or by any person giving due legal notice. F. Official notices of any court,public body or officer. G. Oil operations signs consistent with Title 15 of the Municipal Code. H. One construction sign per frontage with a maximum sign area of 32 square feet located on a construction site during the course of construction.Removal is required prior to issuance of a certificate of occupancy or final inspection, whichever comes first I. One name plate,not over six square feet in area,displaying the name and profession or of the occupant of the building and/or the address,may be placed at each door,loading dock,or other entrance facing a public street. I On premise parking and other directional signs,not exceeding one double-faced sign per entrance,not exceeding two square feet in area and four feet in height Such signs shall not include business identification,product,or logo. Chapter 233 233-5 02fM94 f K. Open house signs,not to exceed 6 square feet and 4 feet in height,may be displayed adjacent to the entrance of a property for sale or rent during daylight hours when the property is open for inspection. Political signs which do not pose a traffic or safety hazard,not are erected more than 45 days prior to or remain more than 15 days after an election and have been granted permission of the property owner for display. L. Public transit seating signs and public information,directional,and warning signs erected by a public agency or non-profit organization- M. Signs manufactured as a standard,integral part of a mass-produced product accessory to a commercial or public or semi-public use,including telephone booths, vending machines,automated teller machines,and gasoline pumps. N. Signs within a building not visible from a public street and window signs not to exceed 20 percent of the visible area of a window.No window sign shall be displayed above the second story. O. Street address numerals. P. No-tresspassing signs posted a minimum of 100 feet apart. %10-2 233.06 Permits Required A sign permit shall be required prior to the placement, erection,reconstruction,alteration or display of any sign,unless expressly exempt by this chapter. A. Sign Permit. A complete sign application shall include the following information and 2 sets of fiilly-dimensioned plans drawn to scale. 1. A letter from the property owner approving the proposed signs and authorizing submission of the sign application. 2. Sign elevations,indicating overall square footage and letter/figure dimensions,letter style,color(indicate standard color number if applicable),materials,proposed copy and illumination method. 3. Building elevations with existing and proposed signs depicted. 4. For waill signs,method of attachment;for freestanding signs,foundation plan,sign support and attachment plan. 5. Type and method of electrical insulation devices,where applicable. 6. Site plan indicating the location of all proposed signs,as well as any existing signs on the site and their square footages.Photographs should be submitted if available. Chapter 233 233-6 02/22/94 Ordinance No. 3254 j 7. Any design modification from the requirements of this chapter that have been approved shall be noted, and compliance with the Planned Sign Program,Limited Sign Permit,or Special Sign Permit shall be demonstrated. ZO-2 B. 11med Sign Progm. Approval of a Planned Sign Program pursuant to Section 233.26 shall be required prior to application for a sign permit for the following requests: 1. A site with five or more non-residential occupants,a corner site located on two arterials,or a site with five or more identification signs where there is a request for a new fivestandiug sign- 2- A special sign permit or limited sign permit request at a non-residential site. Such planned sign program shall be made a condition and be approved prior to issuance of sign permit. 3. Exposed neon conduit,tubing, or raceways,lit fascia panels with or without sign copy,and illuminated canopies or awnings with or without sign copy. 4. Signs which do not conform to all specific provisions of this chapter may be authorized by a planned sign program. 5. Changeable copy signs. 6. Service stations. 10.7 C. dal Sign Permit:The Zoning Administrator may grant a special sign permit for requests for.supergraphics,three-dimensional signs,and relief from the strict application of Section 233.08 subject to the findings listed below and in accordance with Chapter 248. 1. The sign is compatible with the character of the area and is needed for special circumstances defined by the applicant to and approved by the Commission. 2. The sign will not adversely affect other signs in the area. 3. The sign will not be detrimental to properties located in the vicinity. 4. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. D. LiMiRdSign Permit:The owner of a sign which does not conform to the provisions of Section 233.08 may make application for a limited sign permit to the for permission to change the face or copy of such sign.A limited sign permit cannot be processed for signs listed as prohibited in Section 233.22. The Director may approve the face change and extend a sign's use for a time period Chapter 233 233-7 03/07/94 deemed appropriate,not to exceed two(2)years. A cash bond in an amount determined by the Director to reflect the cost or removal based on information provided by a sign company shall be required to guarantee the sign's removal upon expiration of the limited sign permit.Approval shall be subject to the following findings: 1. Due to unique circumstances,the sign's immediate removal will result in a substantial hardship for the applicant. 2. The sign will not adversely affect other lawfully erected signs in the area. 3. The sign will not be detrimental to properties located in the vicinity. 4. The sign will be in keeping with the character of the surrounding area 5. The sign will not obstruct vehicular or pedestrian traffic visibility and wffl not be a hazardous distraction. E. Terre Sign Permits. The Director may issue a temporary sign permit valid for up to 30 days,if it is found that the temporary sign is necessary to establish or maintain identity until a permanent sign can be erected. The Director may approve a temporary sign necessary to avoid a dangerous condition, and may approve signs pertaining to a use permitted by a temporary use permit and promotional activity non-exempt signs pursuant to Section 233.18. 4 4 i %io.s 233.08 On-Site Permitted Signs. .All signs shall be governed by the following schedule,except if addressed elsewhere in this chapter. The schedule lists maximum standards for number, area,and height of allowed signs which does not necessarily ensure architectural compatibility. Therefore,in addition to the enumerated standards,consideration shall be given to building setbacks,visibility of attached signing on the site, and the proposed sign's relationship to the overall appearance of the property,to the surrounding neighborhood,and to community goals. Compatible design, simplicity,and sign effectiveness shall be used as guidelines for sign approval. The Planning Commission may,in addition, from time to time adopt policies regarding sign standards. Such policies may include separate standards or provisions for specific areas of the community. Chapter 233 233-8 02/22/94 A. Residential �' :�,`� i�g.✓ -.)gym Fi.ki.� .,z a-::x ,,y{,,, •. r Yr - �,iY : �.., .},�. �' ;=�f4_. Y ,:R.r v i1 '- s �r� '.� r� .t F.. F Ti ,� `` 1 !ir.. !Fi• '.q;�:p7:F,A s g�p :F 6.,�{Yr:,�,- "N i- ��'.':1. f.g FA' .'� h j:�s,yc ) ''. � T f�y ?' 1 V11 Neighborhood Us I per street entrance 1 sq.ft,per dwelling unit, 6 ft. 1,Signs shall be affixed to perimeter wall or plac ed within a landscaped planter. Identification max.50 sq.ft. 2.Sign copy shall be limited to 18 Inches in height,name of development only. OR One on each side of each street F3 sq.A per dwelling 3.Freestanding signs shall be setback 20 feet from any interior property line. entrance unit,max 25 sq.ft. Placement shall conform to Diagram A. wal I Vacancy Signs for wall One per street fiantage 6 sq;ft. Below I.Copy limited to"vacancy,"type of unit available,and source of information. mull-family roofline deve 4pments B. Industrial and Mixed Use , .. .,... �.-.fix{;_ F..E ,. .,.11::r.: �,. .. .�,(``•.�..`1...,. F--'S,':Y !FA ',),.�, _�,y. .... Fr �•j.:,iY.r Ni 11 :. }.:i4'.J ddyy�J�Y Y �'.: :1:,�. in.r;' S'. rifti um j!'• S'S' .r5'tf3'; ...1. S i;' .S tl -!,..T�'�s I .i•:tr '(�: 1 ,..F�;i ��t1��. 1 f:- �, ..::, $.,�, 3.�,�...::,, to f � • .--7[:h:� } .[, .,. 1 .., .,r. L'-� e.ii£:i ..�.�i' �''�..sr:.i i�'f f: Syr :,1•,i �.F ., -.: ... ..i-. j$ nlf ..r v u Y .4,. qr�).: r { 7„ ', 1 l >.1'IIGg -. .k' 1 :..kr;f,r,ti 5,..,,.,:of ,.".�,<?e ��Is i_i..l.. �� g�.� � ,.r.�:.. t''. 4 r'. Bpsiness tdRntification fis One per site Under I acre,32 sq.ft 7 ft. 1.Sign copy shall he limited to center or single business Identification only.No multi-tenant panels shall be permitted. Industrial centers over 1 acre:50 sq.ft.. 2.Freestanding signs shall be located in a landscaped planter a minimum of 2 feet wider than the sign Itself. 3.Freestanding signs shall confotm to Diagram A. 4.Signs shall be monument type. 5.External illumination only, 6• All Lvee-4ah0(ir, S1',9r%6 shall have +6 S+,re5� a�rlctress wail One per street or parking lot I sq.ft.per lineal ft.of Below 1,No internal illumination pe itted, I FIC u ova (h frontage for each separate building frontage. roofline business. 2.One nameplate may be placed at each door,loading dock,or other entrance facing Channel letter signs a public street;max,6 sq.ft, receive a 10%bonus after n the above calculation. t� Max.I00 sq.ft.per business for all wall signs. cu z a w N �P (�1Tenler 7�Z � C. Commercial Site/Center Identification r. _ Jlt r. ' :.5 st's'tii:= ?' `. ,.M 'r- m.kxr�? ;,;&�t =.1�.: v k Rat ' 4 »n<'.- 7 s Sri.. .,L: s� .e•����q�-,el �. �!s i c�3h'�a -;i�a.�% � _`: Alt.I Site less than f/s one per site 50 sq.fl. 7 ft. 1.A freestanding signs all not be permitted In an area between the building and 400 ft on one frontage 60 sq.R.for bonus signs 8 ft,for right-of-way when that portion of the building Is located at the minimum setback, bonus signs Alt 2.Corner sites Us one freestanding sign may be 30 sq.ft, 7 ft. 2.Bonus shall have an opaque background and internal illumination for items of with less than 400 ft. permitted 40 sq.ft.for bonus signs 8 ft,for Information only, on one frontage bonus signs Alt.3 Sites with over f/s one per street frontage 70 sq.fl. 15 ft, 3.Signs shall be located In a landscape planter a minimum of 2 feet wider than the sign 400 ft on one frontage 80 sq.R.for bonus signs 15.5 R. itself.Square poles or other architectural treatment and a minimum clearance of7.5 R. .shall be required,except if the sign Is 8 ft.or less In height It shall be monument and two secondary signs per 400 ft. 30 sq.fl. 7 ft, type,minimum 2 ft.base. Placement shall conform with Diagram A. us frontage for sites with more than 400&frontage.Sites with 4.Sign copy shall be limited to center or single business id only. Multi tenant panels 1300 ft,or more may have may be permitted by planned sign program. additional signs by planned sign approval 5.Secondary sign is In addition to site sign, Secondary sign copy shall be limited to business identification only. Maximum eight Items of information. No business shall have more than one freestanding sign facing each frontage. 6.Monument signs shall be located a minimum of 200 ft.apart. Alt 4,Sites on Beach Fs one per street frontage 50 sq.R. 10 ft. 7. All freestanding signs shall have the street address included on the sign. Blvd,with 20D 400 ft. 60 sq.ft.for bonus signs on one frontage Indiv dual Business wall One per street or parking lot 1.5 sq.ft per.lineal ft of 1.Channel letter signs required on all sites consisting of 5 or more uses. Identification front for each separate business business frontage.No on the ground floor.Sign for sign shall exceed 1,5 2.Signs over 50 sq.ft,shall have an opaque background and Internal Illumination for items second floor business with sq.ft,of the wall upon of information only. exterlor access may be which it is placed, permitted by Planned Sign ts/p 3.Placement shall conform to Diagram B. Program Channel loiter signs:M4 bonus after above 4.One nameplate may be placed at each door,loading dock,or other entrance facing a calculation. public street;max.6 sq.R. Max.200 sqA.per 5.Signs on projecting canopy shall be considered as wall signs, business for wall signs Under One per business 8 sq.R. Minimum 1,Canopy sign shall be attached perpendicular to the building face,centered above the canopy ground store entrance or lease length. clearance 8 ft. 2.Sign shall be unIlluminated. Electrouic lteaderboarda (See Sections 233.12 and 233.14 for specifications) Chapter 233 233-10 02/28/94 C. Commercial (continued) 40 W i�Will , �-1" . <.:i.si'SN. (..f.�r: '� §� ,.... ',§,{3"4-' '3 �;� � � �:7-c, rxq . k -:�e t�. itr,�Y.?-: § r,., t�eBblCeLV .. - ,:, 5'� '.:' .: :. 1!}.4 i t"1+ ,'i yyirnl,'i � Y,a�� a'S!�L$ !; >` x;a y y. s fa •'¢"+� k r { f/s One per site :. �A.:rr w 71 J Y..sS i p 30%of allowable area See Alt To be combined with permitted sign.-Hotel with convention facility A,B,C, -Live entertainment Us One per site 30%of allowable area See Alt To be combined with permitted sign. -Tenant Directory Us One per site A,B,C, P (See Tenant Directory above) -Menu Board US or One per site 10 sq.ft. 7 ft. May be in wall addition to permitted sign. D. Service Stations Y � :R qq•X T8'k fp s 7: ..i yr m^L•? �t In � s 78 '. t,.a.. t. fix.::; :r3--:.k '� i :.er:,f,a jj :f. ga7xsj�- _§r.• S, �@. ✓ :4w S.,r. +., -e..!:! . . ', e1, :, i'. f. .c:k, J , ..q"y� - .k -, ..J`. :' i::u.(, :ii- A`�.k ..fs. -..:.ir Yr''�1.�3-,r. ik}3-..,.:�„f ', hi.i�. f i �,a�S�.�.ev �� , -� �=o-,;�.,,��. 4�� �� .'.I .1: .-•S,a1i r�Rh +�':��'1 ..i' -4'C a ..,,,.. .,., .P.-.�,-',.af,: _ ��,� �' ��, r f e.r f -- ,9.,e:,'tlY r ,!;). .. ;'t, J e,.,. d-rtF "r'•: fYs Busine One er site P Altemative A:20 sq.ft,if 7 ft. i.Service Stations with convenlence markets shalt use Altemmative A, sign contains only Identification and no changeable copy panels 2.Freestanding signs shall be located In a landscaped planter a minimum of 2 feet wider for pricing. than the sign itself, or 3,Signs shall be monument type Alternative B:50 sq.ft. address in price information is ' 41-1 .r&4 1`13 Si�rti5havt �,� Incorporated on sign. 1'kGE u a-e d on 4ke S19 r1. Sign shall contain panels for fuel price only. No detached price signs shall be located elsewhere on the site. wall One per street frontage I sq.ft.lines ft.of Below 1.internal Illumination or channel letters only. building frontage roofline O AtJDlQR 2.If canopy fascia signs are used for business Identification,no wail signs shall be p. One per street frontage 10 sq,ft. permitted on the bu11d1ng.Canopy 3.Maximum teller height far fascia signs shall be 75%of the width of the fascia. rP 4.If canopy fascia signs are not provided,a logo may be permitted on each side of a p canopy column connector(spandrel)in addition to wall signs w tv vA D. Service Stations (continued) -y: BI K ,,ry`► Vie::: �•"1 n ,1:• P ry : I+stel Price and c edit eight .��E.. :: ill ,j; l� f/s One per street fontage in 12 sq,n. 6 ft. I,Price signs shell advertise fuel prices only and no other product available. 1n150Mation conjunction with Alternative A Sign. Price signs shall a located 2.Freestanding signs shall be completed located within a landscaped planter. a minimum IS ft.from other freestanding signs, Pump(JaMictions or Attached One per canopy column. 2 sq.ft. 110 ft. 1-No other signs shall be perm ldentiftcation to pump itted on the canopy or aotumn except as specified. column 2.Point of purchase signs shall be prohibited. 3.State or Federal government required signs encompassed within a fuel pump shall not be regulated by this ordinance. E. Churches, Schools, and Commercial Recreational Uses Within Public Parks 0 `r � a t us . ti. {, }9 �11'n53.? 5 -J:•IVkr`i. iM1 S' ".' FL�.F rl .;-.Il�ll... M T, R kA -,:.4 .5: :L �" r�::,i, >A.-, �.. ,- :rrc+�Y.,.vrY rJ:� xW,p„ li...,::� �' .}it�J':.4: .t F ." 4 r 'f�,:t �J Y{3r•,f �i 14I I .,�r..i f: _�`. -ta i �.i }}i'1g3, F} <, .� 'i'J 5:b7} 3�, k: 1 #4'�:.¢�4� {1"�P'h¢.�4: , #. �.�`4 ;Sre lAS tt k5{��4f Identification f/s One per site 32 sq,ft: 7 ft. 1.Freestanding signs shall be completely located within a landscaped pl�nter.51� �{ 3�."; 2.Signs shall be monument type. wall One per site 1 sq.ft.per lineal ft.of Below 3.Freestanding signs shall be setback 5 ft,from any interior property line, bldg.frontage Max,32 roo(line sq.ft. 4. All Free s&Pid,m9 s i�vs ske,t( have 41 add y'essble Copy i�,.., f/s One per site 30%of allowable area 7 ft: I To be combined with permitted sign. wall One per site 10 sq.ft. May be in addition to permitted sign. Chapter 233 233-t 02/29/94 F. Permitted in All Districts M ' _:. _, -:, ..: .,_�;5q_ �.. -h �u�;,7p � b ;:.M,n 9 i. N t�� s fix eAr` K� u � ,.:,uric ��:, Y� ti �', ;!� � •e ,fir;# , �.r : �.� , < .; }� �3� ,� ., :� R' �` so tF =�M1 'f'k 3s t.::.a a ;i ,i _p'+' � ' ir 1 ` Y' .; '# ' :�'c fi.��. 17:c-r' �b, . ¢ '�i,�..tf.t. C: _.'�! � r�i y a :w,I tE `.I'', ;.i" : 3'a.(•::':tfilding identification wall One per street ftoniago 2%of the wall face to Shell be 1.Such sign shall be In addition to that which is permitted elsewhere in this article. or bldgs.over 100 ft. which it is attached;Max. placed In height 200 sq.ft.per wall within lop 25 ft.of bldg. Direclional and Us One per parking lot entrance as 2 sq,ft. 4 ft. 1.No business identification,pra uct information,or logos permitted. Copy limited to Sbnyenience Signs approved by the Director or by "entrance,""exit,""drive thru,"etc, planned sign program Promotional (See Section 233.18 for specifications) ActivitySigns Beal state US One per site 8 sq.1. 6 ft. 1.Real estate signs shall be removed immediately after sale or lease,which shall be -Residential Districts defined at the close of escrow. OR .Offlce/Profossional One per site 20 sq.ft. 10 ft. Districts wail 2.Signs shall not be attached to the perimeter walls of residential communities or create any hazards for traffic or pedestrians. •Commercial/ One per site 30 sq,-ft. 12 ft. Industrial Districts 3.Open house signs and flags may be displayed only during daylight hours and when the -Miscellaneous/Alt One per site 20 sq.ft 10 ft, property is aval table for inspection. other Districts Open House Slens end Us One Sign 6 sq.ft. 4 ft. 4.Open house signs may only be placed at the immediate points of access to a Real Estate i lags residential subdivision from an arterial. Placement shall be in the parkway only and Three flags per site 2.5 sq.ft. 6 ft. not is street medians or dividers. E: ro z 0 w N Uh 4, 233.10 Subdivision Directional Signs. Subdivision directional signs shall contain only the name of a development,the developer, price information,and directional information for land development projects located within the City. No land development project shall be permitted more than six off-site subdivision directional signs, and approval for such signs shall be subject to the following standards: A. Lgofiw Lezdwmls. 1. Signs shall not be located within any public fight-of-way or on any property developed with residential uses other than that of the subdivision identified. 2. Signs located on the same side of the street shall be a minimum of 600 feet from any other subdivision directional sign except a sign may be permitted on each comer of the intersection of arterial highways. 3. Maximum area and height: a- 64 square feet in area and 15 feet high provided the sign is set back 50 feet from any adjacent developed property. b. 32 square feet in area and 8 feet high provided the sign is set back 25 feet from any adjacent developed property. B. Permit-c2Mjr—aUJQ : Permits issued for subdivision directional sips shall expire either one year from the date of issuance or on the date 90 percent of the project's units have all been sold,leased,or rented for the first time,whichever is sooner. Annual renewals may be granted for such time as units still exist for sale;however,no more than one directional sign is allowed after 90 percent of the units are sold,leased or rented C. Street mjd=—Iqg: When a sign conflicts with street widening or construction,it shall be removed upon written notice at no cost to any public agency. D. &Quired bond: Prior to the issuance of a building permit,the applicant shall file a cash bond in an amount set by resolution of the City Council. The full bond amount shall be refunded if the sign structure is removed and the site restored to its original condition within 15 days after the expiration of the permit If the sign structure is not removed,the City shall remove the sign and its supporting structure with the cost deducted from the cash bond,and any remainder refunded. *10.9d 233.12 Electronic Readerboards. Electronic readerboards may be permitted subject to the approval of a conditional use permit by the Planning Commission, approval of a Planned Sign Program,approval of the Design Review Board,and the following requirements. A. RgQuiEgd Findings: Prior to approving a conditional use permit to allow an electronic readerboard sign,the Planning Commission shall make the following findings: Chapter 233 233-14 02/22/94 Ordinance No. 3254 1. The proposed electronic readerboard sign conforms with the standards and criteria as set forth in this chapter; 2. The proposed electronic readerboard sign is compatible with other signs on the site and in the vicinity; 3. The proposed electronic readerboard sign will not adversely impact traffic circulation in adjacent rights-of-way or create a hazard to vehicular or pedestrian traffic;and 4. The proposed electronic readerboard sign shall not have adverse visual impacts on adjoining commercial and/or residential neighborhoods. B. Permitted Sighs: 1. Electronic readerboards may be freestanding or wall type signs. 2. The maximum number of electronic readerboards shall be one per site. 3. The maximum sign area shall be 115 square feet; 90 square feet for message center;and 25 feet for other information. 4. The maximum height of an electronic readerboard sign shall be 25 feet. 5. The electronic readerboard shall have cylinders,a shade screen and a photocell for reducing the intensity of lighting at night. 6. The maximum measurable light output of the electronic readerboard shall not exceed 50 foot-candles at the property line. C. Location ReaWreme.=: 1. Electronic readerboards shall be allowed only on parcels abutting a freeway and on parcels abutting Beach Boulevard., excluding the portion along Beach Boulevard designated as a landscape corridor south of Adams to Pacific Coast Highway. 2. Minimum lot frontage: 200 feet. 3. Minimum distance between electronic readerboards: 150 feet. 4. Minimum distance to any residence: 150 feet. D. -Other Standards: 1. Where a site has an electronic readerboard,temporary banners,balloons, flags,etc., shall be permitted a maximum of 15 days per calendar year. 2. Hours of operation. 6:30 a.m. to 10:30 p.m. At least 10 percent of the message time, or any percentage deemed necessary by the City for emergency conditions,shall be used for public service announcements. Chapter 233 233-15 02/22/94 3. Messages in an electronic readerboard shall be no faster than one message every four seconds,and the minimum interval between messages shall be at least one second. Continuous motion of messages is not permitted. 4. Light intensity changes(other than between day and night uses)are not Permitted. 5. In addition to the electronic readerboard sign,one monument sign, maximum of seven(7)feet in height and a maximum fifty(50)square feet in sign area,may be permitted and all other signage shall be brought into conformance with this chapter. 9610.9c 233.14 Readerboard Signs-Multiple Users Off site electronic readerboard signs may be permitted subject to the conditional use permit approval by the Planning Commission. Approval of electronic readerboard signs shall be subject to the following: A. Required Findings: Prior to approving a conditional use permit to allow a multiple user electronic readerboard sign,the Planning Commission shall make the following findings: 1. The proposed electronic readerboard sign conforms with the standards and criteria as set forth in the Huntington Beach Ordinance Code; 2. The proposed electronic sign will not adversely impact traffic circulation in adjacent right-of-way or create a hazard to vehicle or pedestrian traffic. The sign shall be a minimum distance of 600 feet from residential areas. B. Permitted Signs: 1. Multiple user electronic readerboard signs may be located at a site which is not the location of any of the parties using the sign for advertising. 2. Multiple user electronic readerboard will be freestanding. 3. The maximum sign area shall be twelve hundred (1200)square feet. 4. The maximum height of a multiple user readerboard sign shall be eighty- five(85)feet. The multiple user reader board shall have cylinders or directional incandescent lamps and have a shade screen or louver system,a shade screen and a photocell for reducing the intensity of lighting at night. C Vter 233 233-16 02/22/94 Ordinance No. 3254 C. Lighting a dar 1. The maximum,night time light intensity and illuminance shall conform to the following: AXIML M MOM TIME INTENSITY Height from Ground Lu inaire (feet) 5 10 20 30 50 70 85 Maximum Intensity (lumens) 125,000 130,000 145,000 170,000 250,000 370,000 490,000 MAMI ]M hUGHT ME ILLUMINANCE Land Use at Receptor Site Residential Commercial Other Maximum Illuminance (footcandles) 0.3 2.0 1.0 The maximum night time illuminance shall be measured at the receptor site,at ground level,by a direct reading,portable light meter. Measurements shall not be made within one hour after sunset or before sunrise. 2. Illuminance shall be determined by the difference between a reading taken with the sign on and another reading taken within three(3)minutes with the sign off. 3. An illuminance chart shall be prepared by a licensed engineer and submitted to the Director for approval prior to installation. Conformance with this ordinance shall be verified by actual measurements made, as specified herein,after installation. The method of measurement and results shall be subject to approval of the Director. D. I,oration Requirements: 1. A multiple user reader board shall be located no farther than two hundred (200)feet from a freeway. 2. The minimum distance between multiple user reader boards shall be one thousand(1,000)feet. E. Other Standards: 1. No off site electronic reader board will be permitted except for multiple users. 2. At least twenty(20%)of the message time,or any percentage deemed necessary by the City for emergency conditions shall be used for public service announcements. Chapter 233 233-17 02/22/94 3. Messages in a multiple user sign shall be no faster than one message every four(4)seconds and the minimum interval between messages shall be at least one second. 4. Light intensity changes (other than between day and night uses) are not permitted. 233.16 Ifflamination; ]Vovement r� A. Signs visible from and within 100 feet of an R district shall not be illuminated between 10 p.m.and 7 a.m. unless they identify an establishment open for business during those hours. B. No movement or apparent movement of or in a sign or change in intensity of illumia�ation of a sign shall be permitted,except a time or temperature sign,an electronic readerboard, or a theater canopy sign consistent with other provisions of this chapter. Flashing or stroboscopic lights or signs are prohibited. ��u• 233.18 Promotional Activity Signs A. Promotional activity signs may be placed on a site subject to the approval of the Director,provided that temporary devices do not create safety hazards or block signs identifying adjoining establishments and comply with this section. B. A temporary sign permit for promotional activity banners, unless otherwise specified,shall be valid for only ninety(90)days in any calendar year and shall not be renewable. C. A promotional activity banner or banners shall not exceed one square foot of banner area for each linear foot of building street frontage and shall not exceed one hundred square feet whichever is less. D. A temporary sign permit for a pennant or pennants shall be limited to ninety (90)days per calendar year and shall not be renewable. Pennants shall be limited to not more than one square foot for each pennant E. A tenqmwy sign pemit fer a baUeeia er.baUe---shall h--a limited to ninety. ) days JWL Aaw.Le than WW is legs l3a11eons Sba11 not be displayed at a height in of thaep beight to Which they are attar-had or r A temporary sign permit for grand opening promotional activities shall be allowed for ninety(90)days,and the permit is not renewable. The promotional activity banner sign permitted in Section 233.18.A shall be affected by the issuance of a grand opening sign permit during the same calendar year. The size of a grand opening banner shall not exceed the size specified in Section 233.18.C. -,Mf--j Promotional signs shall not be in a condition of disrepair. Disrepair shall include torn,faded or sagging signs. Chapter 233 n233-18 02122194 Ordinance No. 3254 Sites with electronic readerboards shall be permitted to have promotional activity signs displayed a maximum of fifteen(15)days per calendar year. I- Vehicle sales businesses on Beach Boulevard shall be exempt from these limitations on promotional activity signs but shall comply with the following: 1. Eighteen inch(18")non-metallic helium balloons and Iwge non- metallic inflatables may be displayed on the weekdays (Friday 9:00 AM through Sunday 12:00 Midnight),provided they do not project over the public right-of-way. 2. The use of large inflatables(larger than eighteen inches(18")in diameter shall be limited to a maximum of twelve(12)weekends per calendar year,shall be affixed to the ground or to the roof of a building;and shall be subject to the issuance of a temporary sign permit. 3. Automobile dealerships on Beach Boulevard shall be permitted to display flags,pennants,banners and car-top signs throughout the year. 233.20 Miscellaneous Signs and Provisions F9-79. A. Signs within the Downtown Specific Plan or any otter specific plan area shall comply with any additional requirements outlined within the plan itself and any applicable design guidelines. Q B. Non-commercial murals,non-commercial large graphic designs,and statuary shall be subject to review by the Director for the sole purpose of ensuring that such displays will not pose a hazard to public health,safety or welfare. n C. No window or contiguous window panes shall be covered by paper or painting signs which exceed 20 percent of the total area of that window at any time. FTO-4-1 233.22 Prohibited Signs A. Canvas signs,banners,pennants, streamers,balloons or other temporary signs except as provided in Sections 233.10 or 233.18. B. Mobile,A-frame,and portable signs and those of a similar nature which are not permanently attached to the ground or building except as provided in Sections 233.18 or 233.20. C. Roof signs. D. Signs which resemble any official marker erected by the city, state,or any governmental agency,or which,by reason of position, shape, color or illumination would conflict with the proper functioning of any traffic sign or signal or would be a hazard to vehicular or pedestrian traffic. E. Signs which produce odor,sound,smoke,fire or other such emissions. Chapter 233 n233-1 02/22/94 F. Flashing,moving,pulsating, or intermittently lighted signs,mechanical movement signs,including searchlights,except electronic readerboards and public service signs such as those for time and temperature. G. Animals or human beings,live or simulated,utilized as signs. H. Projecting signs, except canopy or awning signs and under-canopy signs, subject to subsections 233.08(D)and 233.08(E). I. Signs which constitute a nuisance or hazard due to their intensity of light. J. Off-premises signs,including billboards or advertising structures installed for the purpose of advertising a project,subject or business unrelated to the premises upon which the sign is located,except subdivision directional signs and multiple user electronic readerboards. K. Signs which no longer identify a bona fide business conducted on the premises. Such signs shall be removed by the owner of the sign within 60 days of the business's closing date. L. Signs on any public property or projecting within the public right-of-way, except political signs and those required by law. This section shall not prohibit the placement of advertising panels on public service items including, but not limited to,trash receptacles,bicycle racks,bus benches,transit shelters,and telephone booths,within public rights-of-way or in publicly-operated beaches or parks provided such items are placed in accord with an agreement granted by the City Council. M. Vehicle signs, signs affixed to automobiles,trucks,trailers or other vehicles on public or private property for the basic purpose of advertising, identifying or providing direction to a use of activity not related to the lawful use of the vehicle for delivering merchandise or rendering service. Any such vehicles which have as their primary purpose to serve as a non-moving display are prohibited. 233.24 Off-Site Advertising Signs Off:site advertising signs except multiple user electronic readerboards are not permitted within the City. Any nonconforming off-site advertising sign may only be reconstructed or relocated pursuant to a relocation agreement between the City and the sign owner,consistent with Section 5412 of the California Business and Professions Code. 9610.5 233.26 Planned Sign Program A Planned Sign Program shall be submitted to the Director when required by Section 233.08B. Such plan must be reviewed by the Design Review Board and approved by the Director prior to issuance of any permit for signs. The purpose of the Planned Sign Program is to encourage coordinated and quality sign design as well as permit more flexible sign standards for commercial and industrial centers. The standards of Section 233.08 shall be used as a guide in the design of a Planned Sign Program. The property owner shall designate Chapter 233 233-20 02/22/94 Ordinance No. 3254 a person or firm as the primary liaison with the City for the purpose of submitting sign permit requests in conformance with the approved planned sign program. A- Applications for approval of a Planned Sign Program shall be submitted to the Planning Division and shall include the following: I. A Planned Sign Program,drawn to scale,delineating the site proposed to be included within the signing program and the general locations of all signs; 2. Drawings and/or sketches indicating the exterior surface details of all buildings on the site on which wall signs, directory signs, or projecting signs are proposed; 3. A statement of the reasons for any requested modifications to the provisions or standards of this chapter;and 4. The name,address,and telephone number of the person or firm responsible for administering the PIanned Sign Program. B. A Planned Sign Program may include more than one freestanding sign per parcel or other deviations from the standards of this chapter,provided that the total sign area shall not exceed the area otherwise permitted by Section 233.08 by more than 10 percent.In approving a Planned Sign Program,the Director shall find: 1. That the proposed signs are compatible with the style or character of existing improvements on the site and are well-related to each other, reflecting a common theme and design style. C. The Director may require any reasonable conditions necessary to carry out the intent of the Planned Sign Program requirement. For developments with existing signs,a schedule or phasing plan for bringing such signs into conformance with the Planned Sign Program shall be submitted and become part of the approval.A cash bond may be required to guarantee their removal. ;0 8 233.28 Nonconforming Signs A. Continuation of Use. Subject to the termination schedule set forth in Section 233.28B, any nonconforming on-site sign may be continued in operation and maintained after the effective date of the ordinance codified in this title, provided that nonconforming signs shall not be: 1. Changed to another nonconforming sign; or 2. Structurally altered so as to extend its useful life; or 3. Expanded or altered as defined in Section 233.02; or 4. Reestablished after continuance for ninety (90)days or more;or 5. Reestablished after damage or destruction of more than fifty percent of the sign value at the time of such damage or destruction. Chapter 233 233-21 02)=94 B. Amortization: Whenever there is a change in business license for the owner or lessee of a property on which there is a permanent nonconforming sign or signs, the nonconforming sign or signs shall be removed or brought into compliance with the following: -1. Existing signs which became nonconforming upon the adoption of Ordinance 2155,January 3, 1977, shall be modified or removed to comply with the provisions of this chapter. 2. Existing signs which became nonconforming upon the adoption of Ordinance 2832,July 21, 1986,shall comply with provisions of Ordinance 2155. 3. Signs which were erected or altered without benefit of permit shall be immediately removed by the owner upon written notice from the City. 4. Signs replaced or requested to be modified at the owner's initiative shall comply with all current provisions of this chapter unless granted a Limited Sign Permit pursuant to Section 233.06D. 233.30 Design Review Exempt and non-exempt signs shall be subject to review by the Design Review Board when required by Section 244.06. L "J 23332 Code Compliance and Na+;onai Elec rkc.CoJ-e- Signs shall be subject to the Uniform Building Code,as adopted by the City. Chapter 233 n233-22 02/22/94 Ordinance No. 3254 To remain clear 25' rr (D K. Driveway 0 t ro Min. 0 10 wide 0 landscape r. area rr CD Sian TvDe Setback Pole 401 DIAGRAM A Monument jSubject to Director reviei X Y S IGN--',A'k E A 4 a170% Leasehold Max. W'jdthl DIAGRAM B bj ?S% Fascia - Max. Height x Equal Dimensions Y I Equal Dimensions INTENTIONALLY LEFT" BLANK Ordinance No. 3254 �r' x � E�i1RR►11n `''s r .z Sections: 234.02 Specific Purpose 234.04 Definitions 234.06 Permit Required = 234.08 Relocation Plan 234.10 Modification of Relocation Plan 234.12 Acceptance of Reports 234.14 Findings for Conversion 9270 234.02 Specific Purpose The specific purpose of the Mobilehome Park Conversion procedure is to ensure that any conversion of these parks to other uses is consistent with the provisions of the California Government Code, Section 65863.7. 234.04 Definitions The following definitions shall apply to the provisions of this chapter. General definitions are contained in Chapter 203. 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. Eligible 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 parry at such time. Chapter 234 234-1 02/=94 E. Mwket=e unit. A residential unit that is sold on the open market without constraints imposed on the sales price,rental rate,or buyer qualifications. F. MgWcho= 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. G. Mobilehome Pazk An area of land where two or more mobile home sites are rented,or held out for rent to accommodate mobdichomes used for human habitation. Mobilehome park shall not include a mobilehome subdivision of stock cooperative. H. M&Ieho= space. Any area,tract of land,site,lot,pad or portion of a mobilehome park designated or used for the occupancy of one mobilehome. I. Notice of-intent w change use. Notification as required by California Civil Co de section 798-56(f)(2). I Senior gWzen 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 Permit Required The conversion of an existing mobilehome park to another use shall require a conditional use permit approved by the Planning Commission pursuant to Chapter 234 and a zoning map amendment approved by the City Council pursuant to Chapter 247. An application for conditional use permit shall include the following,and such other information as may be required by the Director. A. A general description of the proposed use to which the mobilehome park is to be converted. B. The proposed timetable for implementation of the conversion. C. A description of the mobilehome spaces within the mobilehome park. 1. Number of mobilehome spaces occupied. 2. Length of time each space has been occupied by the present resident(s) thereof. 3. Age,size,and type of mobilehome occupying each space. 4. Monthly rent currently charged for each space. 5. Name and mailing address of the residents of each mobilehome within the mobilehome park. Chapter 234 234-2 02/22/94 Ordinance No. 3254 D. A report of impact and a disposition/relocation plan addressing the availability of replacement housing for existing tenants of the mobilehome park consistent with Government Code Section 65863.7. Upon filing an application for conversion,the Director shall inform the applicant of the requirements of Civil Code Section 798.56 and Government Code 65863.9 regarding notification of the mobile homepark residents concerning the conversion proposal. 9270.5 234.08 Relocation Plan The relocation plan for homeowners in a mobilehome park shall be submitted to the Planning Commission for approval as part of the conditional use permit to convert a mobilehome park to another use. The.plan shall provide specifically for relocation assistance to full-time, low- and moderate-income residents of the park for a minimum period of 12 months following approval of a conditional use permit for the conversion. Information on sites available in mobilehome parks in the city and adjacent communities shall be provided to all tenants. A relocation plan shall include,but not be limited to,consideration of the availability of medical and dental services and shopping facilities,the age of the mobile home park and the mobilehomes,and the economic impact on the relocated tenants. A. Relocation Costs All eligible mobilehome owners shall be entitled to receive the cost of relocation. Those costs shall be limited to disconnection and breakdown of the mobilehome,transportation of the mobilehome,all readily movable appurtenances and contents to another mobilehome park and the cost of all hookups at the new site. All such expenses shall be identified and paid by the applicant at the time of the move. The}lark to which the unit is relocated shall be within fifty(50)miles of the city. If the mobilehome owner desires relocation beyond fifty(50)miles,the mobilehome owner shall be responsible for the additional costs associated with relocation beyond the fifty(50)mile limit established by this chapter. When the homeowner has given notice of his intent to move prior to city - approval of the use permit, eligibility to receive moving expenses shall be forfeited. B. Mobile orne Purchase. If the mobilehome owner cannot be relocated to another park in accordance with the procedures herein,the applicant shall purchase the mobilehome and any optional equipment and/or tag-a-longs and expando rooms from the mobilehome owner at fair market value. Fair market value shall be determined by a licensed appraiser acceptable to both the landowner and the mobilehome ppwrier. ao4 shall b.-- -e-46ttsive of tta" Va.lu,e. OF, Mobile,WMe 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. An applicant may,with the consent of the mobilehome owner,transfer a 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. Chapter 234 (234-3) 02/22/94 In order to reduce the impact of relocation to alternative housing further,the applicant shall pay a cost of housing differential of 50 percent of the increase in the cost of housing for the first year,not to exceed seven hundred fifty dollars ($750)for each mobilehome owner. C. Aher p6n Housing. If the mobilehome owner cannot be relocated in accordance with the procedures contained herein,the applicant has the option of matting available suitable alternative housing,together with compensation,to such mobilehome owner. 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. D. C =sation AMals. 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. The applicant shall acknowledge any appeal within thirty(30)days, and if an agreement cannot be reached,the matter steal be referred to a professional arbitrator. > or if stieh reeords are not avaHable> the Ld appuftemmes shall Yee vahted in the same E. Special Cases. The relocation plan shall specifically provide guarantees that all homeowners 62 years old or older and all homeowners who are medically proven to be permanently disabled shall not have to pay an increase in rent over the amount currently paid for a period of two years following relocation. F. NTq Increase in Rent A homeowner's rent shall not be increased within two months prior to filing an application for conversion of a mobilehome parks,nor shall the rent be increased for two years from the date of filing of the conversion application or until relocation takes place. 234.10 Modification of Relocation Plan new Any applicant and mobilehome owner may mutually agree to modify the standards and methods contained in this section, and in no case shall an applicant be required to relocate or purchase a mobilehome prior to the date of the notice of intent to change use. Such modifications shall be referred to the Planning Commission for acceptance. Chapter 234 '234-4 02/22/94 Ordinance No. 3254 9270.6 234.12 Acceptance of Reports The final form of the impact of conversion report and relocation assistance plan will be as approved by the PIanning 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. 9270.7 234.14 Findings for Conversion Prior to recommending a zoning map amendment pursuant to Chapter 247,the Planning Commission may approve a conditional use permit for a mobilehome park conversion if it finds that the proposed conversion meets all of the following requirements in addiction to the requirements of Section 241.10: A. That the proposed use of the property is consistent with the General Plan,any specific plan,and all applicable provisions of the zoning ordinance are met. B. 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. C. That the property which is the subject of the zoning map amendment would be more appropriately developed in accordance with uses permitted by the underlying zoning,or proposed zoning. D. That the residents of the mobilehome park have been notified of the proposed conversion. E. That there exists land within 50 miles zoned for replacement housing or adequate space in other mobilehome parks for the residents who will be - displaced. F. That any mobilehome residents displaced as a result of the conversion shall be compensated by the applicant for all reasonable costs incurred as a result of their relocation. G. That the relocation plan mitigates the impacts of the displacement of individuals or households for a reasonable transition period and mitigates the impacts of any long-term displacement. Chapter 234 234-5 02/22/94 INTENTIONALLY LEFT BLANK Ordinance No. 3254 pi Sections: 235.02 Definitions 235.04 Permit Required 235.06 Required Reports and Information 235.08 Condominium Conversion Standards 235.10 Tenant Benefits and Notification 235.12 Effect of Proposed Conversions on the City's Low and Moderate-Income Housing Supply 235.14 Bonus for Including Low-and Moderate-Income Housing 235.16 Findings 936.5.1 235.02 Definitions The following definitions shall apply to the provisions of this chapter except where the context indicates otherwise. General definitions are contained in Chapter 203. A. The owner,developer,subdivider or authorized i�c per, agent of a project. B. Date of u=g ,vat: The date the PIanning Commission,or City Council on appeal,approves the conditional use permit and tentative subdivision or parcel map applications. C. Date-of conversion: The date a final map for a project was approved by the City Council or parcel map for a project was approved by the City Engineer. D. : An existing apartment house,apartment complex, apartment hotel, hotel,multiple dwelling or group dwelling proposed for conversion to a condominium,community apartment,or stock cooperative. For purposes of this definition,the term "existing" shall mean a building constructed prior to 1945,or it was built after 1945,a certificate of occupancy was issued for such building prior to the time of application. E. Affordable unit: A residential unit,sold to or occupied by a tenant earning up to 120 percent of Orange County's gross median income, as determined by the County of Orange,and shall include any subsequent change in such income range,adopted by the Housing Agency of Orange County. F. Ionant: One or more persons. Chapter 235 235-1 02I22/94 93672 235.04 Permit Required In addition to the applicable requirements and procedures set forth in Title 25, Subdivisions,conversions of existing rental housing to condominiums,community apartments,stock cooperatives and any other subdivision which is a conversion of existing rental housing shall be subject to the additional requirements of this chapter. Conversions of 10 or more units shall be subject to conditional use permit approval by the Planning Commission and conversions of nine or fewer units shall be subject to conditional use permit approval by the Zoning Administrator pursuant to Chapter 241. 936.5.4 Conversion of lower or moderate-income rental housing developed with federal, state or local assistance shall not be permitted. 235.06 Required Reports and Information In addition to the conditional use permit and tentative map applications,the applicant shall submit the reports and/or information required by this section. The cost of all reports shall be paid by the applicant. The reports shall include information on what improvements,if any,shall be accomplished by the developer and when such improvements shall be completed. All improvements cited in the reports,whether required or voluntary,shall be considered conditions of approval. A. Physical Elemients ReQrt: A report on the physical elements of all structures and facilities shall be submitted,containing the following: f 936.5.E 1. A report by a California-licensed structural or civil engineer detailing the structural condition,useful life,and any apparent deferred maintenance of all elements of the property, including,but not limited to,foundations, electricity,plumbing,utilities,walls,ceilings,windows, frames,recreational facilities,sound transmissions of each binding, mechanical equipment,parking facilities,and drainage facilities. Such report also shall describe the condition of refuse disposal facilities; swimming pools,saunas,and fountains; stone and brickwork; fireplaces;and exterior lighting. 936-5.6 2. A report by a California-licensed appliance repair contractor detailing the age,condition,expected size, and the cost of replacement for each appliance and mechanical equipment for heating and cooling. The report shall identify any defective or unsafe appliances and set forth the proposed corrective measures to be employed. 936.5.7 3. A report by a California licensed structural termite and pest control specialist certifying whether or not all attached or detached structures are free of infestation and structural damage caused by pests and dry rot. The report shall describe what procedures would be necessary to eliminate infestation or damage,if present. Such report shall be updated within.6 months after the close of escrow,and any infestation shall be remedied prior to sale. 4. Existing soils reports shall be submitted for review with a statement regarding any known evidence of soils problems relating to the structures. Chapter 235 235 2 02/22/94 Ordinance No. 3254 5. A report by a California-licensed painting contractor verifying the condition of the painting throughout the project,including building interior and exterior surfaces and an estimate of the remaining physical life of the paint. A statement that new paint will be applied on all building interior and exterior surfaces may take the place of such report. Such statement shall include the brand name of the paint and the exterior colors to be used. 6. A report by a California-licensed roofing contractor verifying the condition of the roofs of all structures and an estimate of the remaining physical life of the roofs and the cost of replacement. A statement that new roof material will be applied may take the place of such report. Such statement shall include the type, grade,and color of the proposed roofing material. 9363.8 B. Covenants_conditions and restrictions. A declaration of the covenants, conditions,restrictions,and rules and regulations which would be applied on behalf of any and all owners of condominium units within the project shall be submitted. The declaration shall include,but not be limited to: the conveyance of units;the assignment of parking and storage areas; and an agreement for common area maintenance,together with an estimate of any initial assessment fees anticipated for such maintenance,and an indication of appropriate responsibilities for the maintenance of all utility lines and services for each unit. The CCR's shall be approved as to form by the City Attorney and recorded in the office of the County Recorder. 9365.5 C. Conversion Plan: Specific information concerning the demographic and financial characteristics of the project shall be submitted,including,but not limited to,the following: 1. The date of construction of all elements of the project, and the date and description of each major repair or renovation of any structure or structural element, since the date of construction. For purposes of this - subsection, "major repair" shall mean any repair for which an expenditure of more than$5,000 was made; 2. A statement of a major use of said project since construction; I A statement regarding current ownership of all improvements and the underlying land; 4. The square footage and number of rooms in each unit; 5. The rental rate history for each type of unit for the previous two years; 6. The monthly vacancy rate for each month during the preceding two yew; 7. A complete list of the number of tenants and tenant households in the project,including the following information: a_ Households with persons 62 years or older; b. The family size of households,including a breakdown of Chapter 235 235-3 02/22/94 households with children 5 years and younger, and between 5 and IS years; C. Households with handicapped persons; d. The length of residence; e. The designation of low and moderate-income households and whether any are receiving federal or state rent subsidies. When the subdivider can demonstrate that demographic information is not available,this requirement may be modified by the Director. S. The proposed price of each of the units; 9. The proposed homeowners'association budget,detailed to include fixed costs,operating costs,reserves,administration,and contingencies;and 10. A statement of intent as to the types of financing programs to be made available,including any incentive programs for existing residents. 11 The method to be implemented to assure availability of affordable units to tenants. 12. Signed copies from each tenant of the notice of intent-to convert, as specified in this chapter. The applicant shall subunit evidence that a certified letter of notification was sent to each tenant for whom a signed copy of such notice is not submitted. 935-5.60 D. VacauQy Rate Aa vsis. A vacancy rate analysis shall be submitted. 936 5 6 E. Acceptance of Reports: The final form of the physical structured elements report,Conversion Plan,and other documents shall be approved by the Planning Commission. The reports in their acceptable form shall remain on file with the Department for review by any interested person. 235.08 Condominium Conversion Standards 936.5.50 A. Comvliance with Uniforrn Codes and National Electrical Code: The project 936ss1 shall be brought into compliance with all Uniform Codes and National s36ssa Electrical Code as adopted and amended by the State of California and the City prior to recordation of the final map or parcel map,unless funds have been placed into escrow to assure completion of such corrective work prior to the closing of escrow of any unit in the project. 936536 B. Compliance with Z Dingy Provisions. The project shall comply with the 936.5.37 parking requirements of Chapter 23, nd landscape improvements shall comply with Chapter 232. t�� C. gb'shing.and Restoratim: All main buildings, structures,fences,patio enclosures,carports,accessory buildings,sidewalks, driveways,landscaped areas,and additional elements as required by the Planning Commission shall be refurbished and restored as appropriate for a high standard of appearance_, quality,and safety. Chapter 235 235-4 02/22/94 Ordinance No. 3254 T a D. Contingena ees. The intent of the City in requiring the creation of a contingency or reserve fund for condominium conversions is to provide a surety for unexpected or emergency repairs to common areas in the interest of the economic,aesthetic,and environmental maintenance of the community, as well as to protect the general welfare,public health,and safety of the community. Upon the close of escrow for each unit the applicant shall convey to the homeowners'assoeiatioes contingency fund a minimum fee of $200 per dwelling unit. When 50 percent or more of the total units in the project has been sold,the applicant,within 30 days, shall convey such fee for each of the unsold units. Such funds shall be used solely and exclusively as a contingency fiord for emergencies which may arise relating to open space areas,exterior portions of dwelling units, and such other restoration or repairs as may be assumed by the homeowners'association. new E. Affordable_Housing. Where a project consists of 5 units or more,the applicant shall agree to sell or rent at affordable prices 25 percent of the units to low-and moderate-income households,with a minimum of 20 percent of the units affordable to low-income households. if the units are to be made available for purchase,the maximum sales price of units intended for low-or moderate-income households shall not exceed 2.5 times the annual median income for such households as defined by the California Health and Safety Code,Section 50093. Resale controls shall be included as a deed restriction. If the units are to be for rent,the maximum rent allowed shall keep the units within the low or moderate-income housing stock. 235.10 Tenant Benefits and Notification 9 S•9 A. Notices of Intent. Applicants for condominium conversions shall give notice 1936.5.101 of intent to convert to existing tenants and prospective tenants as required by Sections 66452.8 and 66452.9 of the California Government Code. The notice of intent shall be posted on-site in at least one location readily visible to tenants. 936s.11 B. Notices of Public 936.5.12 � ns Hearing anecisio . I. The Department shall notify the residents of the public hearing not less than 10 days prior to the proposed hearing date on the application. The notice shall include notification of the tenant's right to appear and be heard. The Department shall notify the residents of the decision of the Planning Commission within ten days and shall include a copy of all conditions imposed on the project. The list of names and addresses of the residents of each unit in the conversion project shall be current as of the day of submittal and shall be certified as such by the applicant. Service shall be by mail at the expense of the applicant. 9355.13 2. Einal Map or Parcel MapAproval: The applicant shall give written notification to each tenant with 10 days of approval of the final map or parcel map. The applicant shall also provide notice of application for public report,as issued by the California State Department of Real Estate,which shall be available on request. Chapter 235 235-5 02fM94 9365.15 C. Tenants'Disco=: Any present tenant of any unit at the time of an application for conversion shall be given a nontransferable right of first refusal to purchase the unit occupied at a discount of the price offered to the general public. The amount of the discount shall be based on the longevity of each tenant,and shall be ratified by the applicant at the time of conversion. 936.5.16 D. Vacation o I3riits: Each non purchasing tenant,not in default under the obligations of the rental agreement or lease under which the subject unit is occupied,shall have not less than 120 days after the date of the tentative map approval by the City or until the expiration of the tenant's lease to find substitute housing and to relocate. Tenants shall be permitted to terminate leases or tenancy with one month's notice at any time after a conversion application. 936.5.17 E. No Increase iu Rend: A tenant's rent shall not be increased within two months prior to a project application,nor shall the rent be increased for two years from the time of the filing of the project application or until relocation takes place. In addition,all non purchasing tenants 62 years old or older and all non-purchasing medically proven permanently disabled tenants shall receive a lifetime lease. Rents for such tenants shall not be increased for 2 years after the filing of the project application. 936s.1s F. Moving En=s: The subdivider shall provide moving expenses equal to three times the monthly rent to any tenant,in compliance with all the terms of the subject lease and/or financing, who relocates from the building to be converted after City approval of the use permit authorizing conversion of the I ? units. When the tenant has given notice of his intent to move prior to City approval of the use permit, eligibility to receive moving expenses shall be forfeited. s36s.1s G. Relocation As, iSce: Relocation assistance shall be provided by the subdivider to non-purchasing tenants for a minimum period of four months following the tentative map approval. Information on available rental units in the same general area with costs comparable to the preconverted apartments shall be provided by the subdivider on a calendar quarterly basis. Copies of the list shall be posted on-site,dated,and provided to the Department. The following non-purchasing tenants shall receive a minimum of 12 months' relocation time,measured from the tentative map approval, to find replacement housing: a. Tenants with low or moderate incomes;and b. Tenants with minor children in school. H. Discrimination: No discrimination in the sale of any unit shall be based on race,color, creed,national origin,sex,or age, and a statement to this effect shall be included in the covenants,conditions,and restrictions. Projects created exclusively for the purpose of providing senior citizen housing shall be exempted from this requirement. Chapter 235 235-6 02=94 Ordinance No. 3254 936759 235.12 Effect of Proposed Conversions on the City's Low-and Moderate-Income Housing Supply In reviewing requests for the conversion of existing apartments to condominiums,the Planning Commission shall,consider the following: A. Whether displacement of tenants,if the conversion is approved,would be detrimental to the health,safety,or general welfare of the community; B. The role the rental units play in the existing housing rental market and whether they serve low and moderate-income households; and C. The need and demand for lower-cost home ownership opportunities which are increased by the conversion of apartments to condominiums. 936.5s6 235.14 Bonus for Including Low-and Moderate-Income Housing -936.557 Consistent with the requirements of Section 65915.5 of the California Government Code, the City shall offer a density bonus or other incentives of equivalent financial value to condominium conversions including low-or moderate-income housing units or lower- income household units. When an applicant for approval to convert apartments to a condominium project agrees to provide at least 33 percent of the total units of the proposed condominium project to persons of low or moderate income, as defined in Section 50093 of the California Health and Safety Code,or 15 percent of the total units to lower-income households,as defined in Section 50079.5 of the California Health and Safety Code,the Planning Commission shall either(1)grant a 25 percent density bonus or(2)provide other incentives of equivalent financial value. Any density bonus or other incentives of equivalent financial value provided under this section shall be governed by the requirements of Section 235.08. A. For purposes of this section, "density bonus" means an increase in units of 25 percent over the number of apartments permitted and provided within the _ existing structure or structures proposed for conversion. "Other incentives of equivalent financial value" shall not be construed to require the City to snake any cash transfer payments or other monetary compensation to the subdivider, but may include the reduction or waiver of any required fees or the condominium conversion standards prescribed in Section 235.08. B. No applications for a density bonus shall be accepted if the apartments proposed for conversion constitute a housing development for which a density bonus was provided under the provisions of Section 230.14. 9365.61 235.16 Findings 936.5XQ The Planning Commission may approve an application for a condominium conversion if it finds that the proposed conversion meets the following requirements: A. That all the provisions of the Subdivision Map Act,this chapter, and other applicable provisions of this ordinance are met; and B. That the proposed conversion is consistent with the General Plan and any applicable specific plan; and Chapter 235 235-7 02/22/94 C. That the proposed conversion will conform to the provisions of this ordinance in effect at the time of the project approval, except as otherwise provided in this chapter;and D. That the overall design and physical condition of the condominium conversion achieves a high standard of appearance,quality, and safety; and E. That the proposed conversion will not displace a significant percentage of Iow or moderate-income,permanently or totally disabled, or senior citizen tenants or delete a significant number of low- and moderate-income rental units from the City's housing stock at a time when no equivalent housing is readily available in the Huntington Beach area, and F. That the dwelling units to be converted have been constructed and used as rental units for at least 5 years prior to the application for conversion; and. G. That the applicant has not engaged in coercive,retaliatory action regarding tenants after the submittal of the first application for city review through the date of approval. Chapter 235 235-8 02/22/94 Ordinance No. 3254 020W-020 .•r. .4 .kC''.�!. Sections: 236.02 General Provisions. 236.04 Destruction of a Nonconforming Structure or Use. 236.06 Alterations to a Nonconforming Structure or Use. 9650 236.02 General Provisions A. A nonconforming structure or use shall not be enlarged,increased or intensified except as provided in this chapter. if any such use ceases,the subsequent use of such land, structure or building site shall be in conformance with the regulations specified by this code. B. A nonconforming use shall not be resumed,reestablished,or reopened after it has been abandoned,discontinued or changed to a conforming use. C. A nonconforming use shall be deemed to be discontinued or abandoned when such use has ceased to operate or to exist for a period of six(6) months. D. A nonconforming use which is not housed in any structure,but occupies a lot or portion of a lot,shall not be enlarged or extended to any other portion of the lot or any other lot not so occupied at the time the use became classified as nonconforming. E. A nonconforming use occupying either a conforming structure or nonconforming stricture or portion thereof shall not be extended to any portion of the structure not so occupied at the time the use became nonconforming. 965i 236.04 Destruction of a Nonconforming Structure or Use These provisions shall govem reconstruction of the nonconforming structures and/or uses listed below after such structure or use is°destroyed by fire,explosion, act of nature or act of the public enemy by the percentage of value specified. A, Nonconforming structures and nonconforming uses destroyed 50%or less of the value prior to damage may be completely rebuilt. B. Nonconforming residential uses consisting of 10 or less units destroyed more than 50%of the value -nay be completely rebuilt. Chapter 236 236-1; 02/23/94 C. Nonconforming residential uses consisting of more than 10 units destroyed more than 50%of the value may be completely rebuilt subject to conditional use permit approval by the Planning Commission provided current requirements for setback and parking are met. 9652 236.06 Alterations to a Nonconforming Structure or Use A. Interior alterations and/or repairs may be made which do not enlarge the square footage or increase the height of a nonconforming use. Reroofing for health and safety purposes may also be permitted. B. A structure for a nonconforming use shall not be enlarged or altered on the exterior in any manner unless: 1. All aspects of the existing structure and the proposed addition are made to conform to applicable provisions of this Code,or 2. The Planning Commission permits such alteration subject to approval of a conditional use permit with the following findings: a. That the alteration is necessary to secure added safety or reduce the fire hazard or to improve the aesthetic appearance of the structure's architecture by bringing the design into greater conformance with the surrounding neighborhood. b. That the alteration or addition will not increase the number of stories. C. That the alterations will not cause the floor area to exceed more than ten(10%)percent of the floor area the structure contained at the time the use became nonconforming. C. Nonconforming structures may be altered or enlarged provided that the alteration or enlargement is in conformance with applicable provisions of Titles 21 and 22. D. Additions to nonconforming structures proposed to be constructed at the existing nonconforming yard setbacks shall be subject to approval of a conditional use permit by the Zoning Administrator. E. The area of enlargement to a nonconforming structure in any five year period shall not exceed 50%of the area of the structure as it exists on the effective date of this ordinance. Chapter 236 236-2 02/23/94 Ordinance No. 3254 TITLE 24 administration INTENTIONALLY LEFT BLANK Ordinance No. 3254 Amayal a rte D Zen - ronment . Rer�ew; Fees and Depusxts - Sections: 240.02 Zonings AEpproval 240.04 Environmental Review 240.06 Fees and Deposits 9r3o.�o 240.02 Zoning PeFlnift ArpProl/at E To ensure that each new or expanded use of a site and each new,a ande ,reconstructed or structurally altered structure complies with Titles 20-23; zoning rOuaffiall be required prior to issuance of a building,grading,or demolition permit, certificate of occupancy, business license,or utility service connection. If any grading or scraping is proposed as part of a project,a survey of existing topography on the site and adjacent land within 5 feet of the site boundaries and any proposed changes in topography shall be submitted to the Director for review and approval prior to issuance of a building permit,grading permit,or demolition permit: The contours of the land shall be shown at intervals of not more than 5 feet. Crrading or stockpiling which involves 25,000 cubic yards of import or export shall be referred to the Planning Commission for review and approval p or to issuance of the grading or stockpile perinit- or more.. 240.04 Environmental Review 9700 A. h==. The purpose of this section is to implement the California Environmental Quality Act of 1970(CEQA). This section shall apply to all permits or entitlements,not otherwise exempt,requiring discretionary action by the City. The City Council shall by resolution adopt policies,objectives, criteria,and procedures regulating environmental evaluation of public and private projects. This section and the provisions adopted by resolution provide the basic principles,objectives,criteria,procedures, and definitions to ensure consistent implementation of the California Environmental Quality Act. 9702 B. Establishment ofEnviro=MW Assessnent Committee. There is hereby 9702•1 established an Environmental Assessment Committee consisting of the Director of Community Development,the Director of Public Works,and the City Attorney,or a designated representative of each. A quorum shall require at least two members. 9702.2 C. The Environmental Assessment Committee shall have responsibility for evaluating the environmental impact of all discretionary projects,determine the appropriate environmental documentation required for compliance with CEQA and make recommendations to the discretionary body to adopt or deny Chapter 240 40-1 02/23/94 a negative declaration or environmental impact report,consistent with State and local law. D- Admin itan. The Director shall be responsible for: I. Preparing and processing all environmental documents necessary to comply with CEQA,the guidelines of the California State Resources Agency as authorized under the Public Resources Code Section 2I 083, and such additional provisions as may be adopted by the City of Huntington Beach,and 2. Contracting for private,professional consultation for preparation of environmental impact reports. T03 E. Environmental Deterinination- Prior to any project approval,the discretionary body shall first act upon the negative declaration or the environmental impact report{EIR}_ Ile discretionary body acting on the project may adopt the negative declaration or may reject it and require an environmental impact report. The discretionary body may certify the environmental impact report or reject it, if deemed incomplete. 9704 F. Mitiggfion Metes- Any feasible change or alteration to the project which avoids or substantially lessens the significant environmental impacts identified in the negative declaration or final EIR shall be incorporated as a condition of approval imposed on the project. The condition of approvar-shall also describe the time period and the manner m which the mitigation measure must be satisfied. g�oa.1 G. Monitoring and RepQrtin$Program. The City requires a reporting or monitoring program be prepared to ensure compliance of mitigation measures during project implementation. The project applicant shall be responsible for ensuring completion of the program and shall submit to the City reports indicating the status of compliance. The City may obtain or require an independent analysis of any completed reports submitted as required by a mitigation measure. The cost of the analysis shall be paid by the project applicant Prior to final inspection the monitoring program report shall be completed and accepted by the City- A separate report may be required for each phase of a project constructed in phases. FO H. AMcW Any decision of the committee may be appealed to the discretionary body which has original jurisdiction over approval of the project as provided in this code. The appeal shall be heard prior to the discretionary body's action on the project 863 240.06 Fees and Deposits 813-2 9412 �persons submittingapplications for an permits, certificates,development agreements, 8942 a map rovals,or zoning map or text amen drrients,or any other approvals as required by this 701.1 ordinance code,or filing appeals shall pay all fees and/or deposits as provided by the City 36.5 3 Council's resolution or resolutions establishing applicable fees and charges. Chapter 240 240-2 02/23/94 Ordinance No. 3254 Tem,�o►n�,r-y L�S� ��rm i�s� - C,���#e��� nai�ii�na�II��.Pexmi�nd: Sections: 241.02 Procedures Established 241.04 Authority of Planning Commission and Zoning Administrator 241.06 Initiation 241.08 Notice and Public Hearing 241.10 Required Findings 241.12 Conditions of Approval 241.14 Effective Date;Appeals 241.16 Time Limit;Transferability; Discontinuance; Revocation 241.18 Changed Plans;New Application 241-20 Temporary Use Permits 241.22 Waiver of Development Standards 241.02 Procedures Established This chapter establishes procedures for approval, conditional approval,or disapproval of applications for conditional use permi ,A variances,and waivers of development standards. variances, ;n porary use P Cem y f s 9"0 A. Conditional use permits are required for use classifications typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed,located,and operated compatibly with uses on adjoining properties and in the surrounding area. 9830 B. Variances may be granted to resolve practical difficulties or unnecessary Physical hardships that may result from the size,shape,or dimensions of a site or the location of existing structures thereon;from geographic,topographic,or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site. Variances may be granted with respect to fences,walls,landscaping, screening,site area,site dimensions,yards,height of structures,distances between structures,open space,off--street parking and off-street loading,and performance standards. Few D-C: Waivers of certain development standards may be granted to improve project design, subject to limitations. useu55 �+Cu op S�rnan may r ah usea+emparcu ry na-ur,e Chapter 241 241-1 02/24/94 ss30 241.04 Authority of Planning Commission and Zoning Administrator 9911.1 The Planning Commission or the Zoning Administrator, as the case may be,shall approve or 98112 conditionally approve applications for conditional use permits or variances upon finding that the proposed conditional use permit or variance is consistent with the General Plan,and all applicable requirements of the Municipal Code,consistent with the requirements of Section 241.10. The Planning Commission shall act on all variances except the Zoning Administrator may act on variances not exceeding ten percent deviation from site coverage, separation between buildings,and setback requirements. 9960 241.06 Initiation 9964 9941 Applications for conditional use permits and variances shall be undated by submitting an 9841.2 9831 application and necessary accompanying data as prescribed by the Director and the required 9832 fee. 9813 241.08 Notice and Public Hearing 98413 A. Public ng and N-Q=Required. The Planning Commission or Zoning 9914 Administrator shall hold a duly-noticed public hearing on an application for a conditional use pernut or variance consistent with the requirements of Chapter 248. sass B. Multiple Anligatons. When applications for multiple conditional use permits or variances on a single site are filed at the same time,the Director may schedule a combined public hewing. 241.10 Required Findings An application for a conditional use permit or variance may be approved or conditionally approved if, on the basis of the application,plans,materials, and testimony submitted,the -Planning Commission or Zoning Administrator finds that: 19941-4 1 A. For All Conditional Use Permits. 19911.2 I The establishment,maintenance and operation of the use will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood; 2. The granting of the condiftonal use permit will not adversely affect the General Plan; .3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in winch it would be located. Chapter 241 241-2 02/24/94 Ordinance No. 3254 9332.1 B. For Variances, 9811.1 1. The granting of a variance will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. 2. Because of special circumstances applicable to the subject property, including size, shape,topography,location or surroundings,the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to.property in the same zone classification and is consistent with the General Plan. 9s33 C. Man&t Denial. Failure to make all the required findings under(A)or(B) shall require denial of the application. 9841s 241.12 Conditions of Approval 9836 In approving a conditional use permit or variance,conditions may be imposed as necessary to: A. To make it consistent with the General Plan; B. Protect the public health,safety,and general welfare; or C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area 9841.10 241.14 Effective Date; Appeals, 9M2 9&12.I 9*6 A conditional use permit or variance shall become effective ten days after action by the 96I5A.1 Plying Commission or Zoning Administrator,unless appealed in accord with Chapter 248. 241.16 Time Limit; Transferability; Discontinuance; Revocation 9U3 A. Tune Limit, A conditional use permit or variance shall become null and void 9&37.9s 6 I one year after its dale of approval or at an alternative time specified as a 9730sa condition of approval after its date of approval unless: I. Construction has commenced or a certificate of occupancy has been issued,whichever comes first;or Chapter 241 241-3 02/24/94 2. The use is established; or 3. The conditional use permit or variance is extended- BTransferability. The validity of a conditional use permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor applies to the Director for a transfer. No notice or public hearing on a transfer shall be required. 9943-3 C. Discontinuance. A conditional use permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. 9945 D. &vQcation. A conditional use permit that is exercised in violation of a condition of approval or a provision of this ordinance may be revoked, as provided in Section 249.06. 9943-4� E. Egwnsign of Time A conditional use 'permit or variance may be extended by the Director for a one year period without notice or public hearing, if the findings required by Section.24 1.10 remain valid. 241.18 Changed Plans;New Application 9811.47 A. Cbaneed P_1_ans. A request for changes in conditions of approval of a gaol s.i conditional use permit or variance,or a change to developmentplans that would affect a condition of approval shall be treated as a new application. A request for changes to plans which will not affect a condition of approval may be approved by the Director if the change is not substantial,use of property remains the same,the revision results in an improved deyelopmept, and the. t�;v=ai fvll be- density remains the§arrie.. Ae 7 cl,'6�y,'bufid k,4;,or to qF"6 cfrcr�ao" -5WA T845 B If iiil)pIicaitionfora conditional use permit or variance is disapproved,no new application for the same,or substantially the same, conditional use permit or variance shall be filed within one year of the date of denial of the initial application, unless the denial is made without prejudice. 241.20 Temporary Use P-r-mits A temporary use permit authorizing certain temporary use classifications,as defined in Chapter 204 and as listed in the land-use controls for the base districts in which the use will be located, and use of manufactured homes for temporary construction offices,shall be subject to the following provisions: A. Application and Fee. A completed application form and the required fee shall be submitted to the Director. The Director may request any other plans and materials necessary to assess the potential impacts of the proposed temporary use. Chapter 241 OM4/94 Ordinance No. 3254 B. Duties of the Zoning Administrator. The Zoning Administrator shall approve,approve with conditions,or deny a complete application within a reasonable time. No notice or public heating shall be required for uses which are held for 3 or fewer consecutive days. C. Required Findings. The application shall be approved as submitted,or in modified form,if the Zoning Administrator finds: 1. That the proposed temporary use will be located, operated and maintained in a manner consistent with the policies of the General Plan and the provisions of this chapter;and 2. That approval of the application will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare. D. Conditions of A=Qval. In approving a temporary use permit,the Zoning Administrator may impose reasonable conditions necessary to: 1. To be consistent with the General Plan; 2. Protect the public health,safety,and general welfare;or 3. Ensure operation and maintenance of the temporary use in a manner compatible with existing uses on adjoining properties and in the surrounding area. E. Bond for Tempos Uses. A$500 cash bond shall be required to guarantee removal of any structure,clean up of site upon termination of the temporary use,and to guarantee maintenance of the property. A$1,000 cash bond shall be required for a subdivision sales office and each model home to guarantee compliance with,all-provisions of Titles 17 and 20 through 25. T u.�kess�PeO•f to riccorc!w��� F. v to urati n• . An approved temporary us permit shall be effiectivetwe days after the date of its approval, Chapter 248. The permit shall be valid for a specified time period not to exceed 30 days unless a longer period is granted by the Zoning Administrator. A temporary use permit shall lapse if not used within the dates approved and may be revoked by the Zoning Administrator effective immediately upon verbal or written notice for violation of the terms of the permit. Verbal notice shall be confirmed by written notice mailed to the permit holder within 48 hours. The Zoning Administrator may approve changes in a temporary use permit. 241.22 Waiver of Development Standards A. Standards Which Can be Waived_ The Director may waive development standards for setbacks, open space and landscaping without a variance, only if he finds that such a waiver improves project design and does not exceed 10 percent deviation. No other standards shall be subject to this waiver provision. Chapter 241 n241-5 02/24/94 B. Time Limit A waiver shall become null and void six months after slate of approval. C. Extensions. A waiver shall not be extended for more than one year unless the applicant demonstrates that no circumstances relevant to the approval of the waiver,including other development in the neighborhood,have changed from the time of approval. D. Limitations. A waiver may not be granted if the waiver would in any way degrade the environment or result in any changes to classification of land use or to height or density. Also,projects not otherwise subject to discretionary review(i.e.,conditional use permit,variance, coastal development permit,or subdivision approval)may not apply for waiver. E. . ,The Director's decision may be appealed in accord with Chapter 248. The. D;�{or'S aleeis�ov s1�o.11 be d�s}re bu�2tl �dmit�is��r' Gi�-y Gocan�i�, �(b,,,,,niri� (Gnrnmiss�a Wia1{�n 1!8 �Ou�'S of Such det-iS��n. Chapter 241 241 02124/94 Ordinance No. 3254 y Chapter 242 242-1 10/25/93 INn ONALLY LEFT BLANK Ordinance No. 3254 Chapter 242 242-1 10/25/93 INnNTIONALLY LEFT BLANK Ordinance No. 3254 rs � Sections; 244.02 Applicability 244.04 Duties of the Design Review Board 244.06 Scope of Review 244.08 Required Plans and Materials 985i 244.02 Applicability Design review is required for projects in redevelopment areas,areas subject to specific plans, areas designated by the City Council,and for projects abutting or adjoining PS districts. 9851 244.04 Duties of the Design Review Board F The Design Review Board shall assist the Director,Planning Commission and Zoning Administrator in reviewing development plans and architectural drawings within designated geographic areas of the City and to undertake such other review and approval as provided by this code. 9853.i A. Organization. The Board shall consist of five members appointed by and responsible to the City Council. The membership shall consist of one City Councilmember with an alternate City Council member,one Planning Commissioner with an alternate Commissioner,the Director and Public Works Director of designee. Terms shall be for 4 years. sgsi B. Powers and Duties. It shall be the duty of the Board to review sketches, layouts, site plans, structural plans, signs,and architectural drawings in connection with any matter before the Board.The Board shall have authority to confer with the applicant or property owner concerning modifications of the proposal, or conditions necessary to approval,and may approve, disapprove, or conditionally approve the proposal. The Board may recommend any matter before them to the discretionary body for consideration of the project. Chapter 244 244-1 02/24194 244.06 Scope of Review 9954.1 A. in making its determination,the Board shall review and consider 98542 985431. The arrangement and relationship of proposed structures and signs to one another and to other developments in the vicinity; 2. Whether that relationship is harmonious and based on good standards of architectural design; 3. The compatibility in scale and aesthetic treatment of proposed structures with public district areas; 4. The adequacy of proposed landscaping,parking spaces, driveways,potential on-site and off-site parking and traffic impacts and other potential impacts upon the environment; 5. Elements of design affecting the performance characteristics of the proposed development; and 6. Whether energy conservation measures have been proposed and the adequacy of such measures,including,but not limited to,the use of active and passive solar energy systems. } B. The Board may impose and/or recommend any conditions deemed reasonable_ and necessary to the approval of the proposed development plan. 244.08 Required Plans and Materials Plans and materials to fully describe and explain the proposed development shall be submitted as required by the application form or by the Director, as deemed necessary. ChVta 244 244-2 02/24/94 Ordinance No. 3254 vr..� +....,. � cr-. q �� wi i` �. ,3 ......c•..,s.....,.y�s. aiie ..3_>..—..,..,.."..,.r.w..xxr.,r, ....r..rnx... Sections: 245.02 Specific Purpose 245.04 Definitions 245.06 Permit Required 245.08 Exemptions 245.10 Categorical Exclusions 245.12 Application Requirements 245.14 Determination of Applicable Procedures 245.16 Action on Coastal Development Permit 245.18 Public Hearing and Comment 245.20 Notice for Appealable Development 245.22 Notice for Non-Appealable Development 245.24 Notice of City Action 245.26 Precedence of Local Coastal Program 245.28 Conditions 24530 Findings 245.32 Appeals 245.34 Application After Denial 245.36 Expiration of Coastal Development Permit 245.38 Permit Amendment 245.40 Procedures for Open Space Easements and Public Access 989.5.0 245.02 Specific Purpose The purpose of the Coastal Development Permit(CDP)is to implement the California Coastal Act of 1976 (Division 20 of the Public Resources Code)as amended,in accordance with the City's Local Coastal Program. The provisions of this chapter shall apply in the Coastal Zone, as defined by the Coastal,Act. 989.5.1 245.04 Definitions The following definitions.shall apply to any project within the Coastal Zone.In case of conflicts with other provisions of the code,the definitions in this section shall prevail for any development requiring a CDP. A. Agmieved Person:Any person who, in person or through a representative,appeared at a public hearing or by other appropriate means prior to action on a Coastal Development Permit,informed the City of his or her concerns about an application for such permit, or who,for good cause,was unable to do either,and who objects to the action taken on such permit and wishes to appeal such action to a higher authority. Chapter 245 245-1 02I24/94 B. Appealable.Area:That area between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or the mean high tide line of the sea where there is no beach.,whichever is greater,that area within 300 feet of the top of any coastal bluff,and that area within 100 feet of any wetland, estuary or stream. C. Appealable Develorm.ent: Approval of any proposed development within an "appealable area!' and approval or denial of any development which constitutes a "major public works project" or a"major energy facility." Appealable development may be appealed to the California Coastal Commission in accord with the regulations adopted by the Commission. Q D. ican :The person,partnership,corporation,or state or local government agency applying for a Coastal Development Permit. E. Aproving guftrity: The Director,Zoning Administrator,Planning Commission or City Council,whichever approves a Coastal Development Permit. F. Categorical Exclusion: An exception from the requirements of a Coastal Development Permit as identified in the Certified Coastal Land Use Plan and Public Resources Code Sections 30610(e)and 30610.5. G. Qoastal Commission: The California Coastal Commission- H. Cooastal Development Permit CCD):A permit issued by the City in accord with the provisions of this chapter. A Coastal Development Permit includes all application materials,plans and conditions on which the approval is based. I. coastal Zone:That portion of the Coastal Zone,as established by the California Coastal Act of 1976 and as it may subsequently be amended,which lies within the City,as indicated on a map on record with the Department of Community Development. I Development:The placement or erection of any solid material or structure on land,in or under water;discharge or disposal of any materials; change in the density or intensity of use of land,including,but not limited to,subdivision pursuant to Title 25 and change in the intensity of use of water,or of access thereto; construction, reconstruction,demolition, or alteration of the size of any structure,including any facility of any private,public,or municipal utility; and the removal or harvesting of major vegetation.. K. Exclusion Areas: The geographic area of the coastal zone of the City except for tide and submerged lands,beaches and lots immediately adjacent to the inland extent of any beach,or of the mean high tide line of the sea where there is no beach, and all lands and waters subject or potentially subject to the public trust. L. Local Coaxal Progm,L M: The City's land-use plans,zoning ordinance,zoning map,and implementing actions certified by the Coastal Commission as meeting the requirements of the Coastal Act and adopted by the City Council for the purpose of carrying out the provisions of the Coastal Act. Chapter 245 245-2 02/24/94 Ordinance No. 3254 M- lVlWor Enez�v_�__MIity-: Any energy facility as defined by Public Resources Code Section 30107 and California Code of Regulations Section 13012. N. Maim Public W ks Rmject: Any public works project as defined by California Code of Regulations Section 13012. O. Public Works: Public facilities and i ffiutructure,including: 1. All production, storage,transmission,and recovery facilities for utilities subject to the jurisdiction of the California Public Utilities Commission, except for energy facilities; 2. All public transportation facilities,including streets,roads,highways,mass transit facilities and stations and bridges,public parking lots and structures,ports, harbors,airports,railroads,and other related facilities; 3. All publicly financed recreational facilities. 4. All community college facilities. 989.52 245.06 Permit Required Any Pen,Partnership,or corporation,or state or loW government agency wishing to undertake a development in the CZ District shall obtain a Coastal Development Permit in accord with the provisions of this chapter,unless exempt or categorically excluded. Such permit must be issued prior to the start of development and shall be required in addition to any other permits or approvals required by the City. A. Coastal Permit Issued by the coastal Commission. Developments on tidelands, submerged lands,or navigable waterways require a permit issued by the California Coastal Commission in accordance with the procedure as specified by the California Coastal Act_ . B. Coastal.Permits Igued by the Citvi All development requires a coastal development permit unless speciAe lly exempted or excluded. After certification of the LCP,the lcw2r a City shall issue all(Fqastal development permits for development not located within the Coastal Commission`s original permit jurisdiction. 245.08. Exemptions The following categories of development are exempt from the requirements of this chapter. 989.53 A. Exi g Structures. Maintenance and alteration of,or addition to,existing structures provided the project does not involve any of the following: 1. Location in an appealable area with an increase of 10%or more of the internal floor area or an increase in height of 10%or more. 2. Location on a beach,wetland, sand dune,strew or lake,or seaward of the mean high tide line,or where the development would encroach within 50 feet of the edge of a coastal bluff. Chapter 245 245-3 0=4/94 3. Change in the intensity of the use of the structure. 4. Conversion of multi family residential or visitor serving commercial use to condominium or stock cooperative. s�z B. Dredgiug off �mgWm Chancels. Maintenance dredging of existing navigation channels or moving dredged material from such channels to a disposal area outside the coastal zone pursuant to a permit from the United States Army Corps of Engineers is exempt. sassaa C. Main =ance and Repair of Shoreline Protective Works. Repair or maintenance of shoreline protective works that do not result in an addition to,or enlargement or expansion o the object of such repair or maintenance activity is exempt, except the following which are not exempt: 1. Repair or maintenance of a sea wall revetment,bluff retaining wall,breakwater, groin,culvert,outfall or similar shoreline work which involves: a. Substantial alteration of the foundation including pilings and other surface and subsurface structures. b. The placement,whether temporary or permanent,of rip-rap,or artificial berms of sand, or any other form of solid material,on a beach or in coastal waters,streams,wetlands,estuaries,or on shoreline protective works. c. The replacement of 20 percent or more of the materials of an existing structure with materials of a different kind. d. The presence,whether temporary or permanent, of mechanized - construction equipment or construction materials on any sand area or bluff or within twenty(20)feet of coastal waters or streams. 2. The replacement of 50 percent or more of a sea wall revetment, bluff retaining wall,breakwater, groin or similar protective work under,one ownership,unless destroyed by natural disaster. 3. Any method of routine maintenance dredging that involves the dredging of one hundred thousand(100,000)cubic yards or more within a twelve(12)month period;or in the placement of dredge spoils of any quantity within an environmentally sensitive habitat area,or any sand area,within fifty(50)feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty(20)feet of coastal waters or streams;or the removal,sale,or disposal of dredge spoils of any quantity that would be suitable for beach nourishment in an area the Coastal Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures,coastal access or public recreational use. Chapter 245 245-4 02/24/94 Ordinance No. 3254 4. Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area,any sand area,within fifty(50)feet of the edge of a coastal bluff or environmentally sensitive habitat area;or within twenty (20)feet of any coastal waters and streams that include: a. The placement or removal,whether temporary or permanent, of rip-rap, rocks,sand or other beach materials or any other forms of solid materials. b. The presence,whether temporary or permanent, of mechanized equipment or construction materials. sa.a D. Utility Connections. The installation,testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this article is exempt. The Director, where necessary,may impose reasonable conditions to mitigate any adverse impacts on coastal resources including but not limited to scenic resources. 9s9.5a.5 E. Replacement of Djft, ved Structures. The replacement of any structure,other than a public works facility,destroyed by natural disaster is exempt,provided such replacement structure conforms to applicable current zoning regulations,is designed and intended for the same use as the destroyed structure,does not exceed the floor area, height or bulk of the destroyed structure by more than 10 percent,and is sited in the same location on the same building site as the destroyed structure. ss9.s_aa F. Public Service Er ergenc Molls. Projects normally requiring a coastal development permit but which are undertaken by a public agency,public utility or person performing a public service as emergency measures to protect life and property from imminent danger or to restore;repair or maintain public works,utilities and services during and immediately following a natural disaster or serious accident are exempt,provided that the Director and the Coastal Commission Executive Director are notified within three(3)days after the disaster or discovery of the danger regarding the _ type and location of the emergency measures to be performed This exemption does not apply to the erection,construction or placement of any structure with an estimated cost or market value in excess of twenty-five thousand dollars($25,000)in a permanent location. 9ay.s.a.s G. Ongoing Repair and Maintenance By Public Agencies and Utilities. Ongoing routine repair and maintenance activities of public agencies and public utilities are exempt, provided no new roads are constructed,grading or clearing an undisturbed area does not exceed 500 square feet,no trees exceeding 12 inches dbh are removed,or the height or bulk of an existing structure will be altered. s.3.� H. Minor Developztae ts. 3 I. Sign permits in conformance with applicable provisions of this code. 2. Revocation of permits in accordance with applicable provisions of this code. 3. Temporary use permits in conformance with applicable provisions of this code. 4. Home occupation permits in conformance with applicable provisions of this code. Chapter 245 245-5 02/24/94 5. Leases. 6. Fhtertainment(specific event permits. 7. Minor variances that do not pertain to heights and that do not negatively impact coastal access or view corridors. S. Grading which does not involve one hundred(100)cubic yards or more of material and brush or vegetation removal other than major vegetation of less than one-half acre of land. 9. Fences and walls six(6)feet or less in height except when such walls or fences will obstruct or otherwise limit public access to the beach or other facilities to which access is protected under the Coastal Act. 10. Installation or irrigation lines. 11. Buildings or structures,or additions thereto,having an aggregate value of$1,000 or less. 12. The addition of a solar-collection system to existing buildings or structures which complies with provisions of Huntington Beach Municipal Code Title 17. s s3.1 1. Miscellaneous Activities. 1. Installation testing,placement in service or the,replacement of any necessary utility connection between an existing service facility and any development that has previously been granted a coastal development permit. 2. Actions listed as ministerial in the California Environmental Quality Act, including: a. Issuance of building permits; b. Issuance of building licenses; C. Approval of final subdivision maps; and d. Approval of individual utility service connections and disconnections. 989.5 24530 Categorical Exclusions 3,12 The following specific categories within specific geographical areas(exclusion areas)as shown on a map approved by the California Coastal Commission will not require a coastal development permit. A current record of all permits issued for categorically-excluded developments shall be available for public and Coastal Commission review and shall contain the name of applicant,location and brief description of the project. sa9s.3.i A. Permitted uses(excluding S.245.08A)within RL,RM,RMH and RH and IL .53. districts which are consistent with the zoning provisions of this code and do not 15e require any discretionary review. Chapter 245 245-6 02/24/94 Ordinance No. 3254 S' B- LIM Municipal improvement projects of less than$50,000 in cost and only where such projects would not alter vehicular capacity of public streets or intersections by more than 10 percent(except traffic control devices such as stop signs or lights),would not alter on or off-street parking that would decrease the number of spaces,and would not alter circulation patterns that would impair beach access. %9 59 C. Traffic control signing and minor roadway improvements including: h. Culvert replacement; 2. Guardrails,retaining walls; I Slope stabilization; 4. Signs for traffic control and guidance,including = roadway markings and pavement delineation; 5. Drainage course maintenance and cleaning involving Iess than 50 cubic yards of excavations; and 5. Parking meter installation and repair. Sb'-53.1 D. Minor accessory structures in conformance with applicable provisions of this code. •S.� 245.12 Application Requirements Applications for Coastal Development Permits shall be initiated by submitting an application and necessary accompanying data as prescribed by the Director and the required fee. 245.14 Determination of Applicable Notice and Hearing Procedures. �954C A. At the time a CDP application is submitted,tied,the Director shall determine whether a development project is: 1. Within an area where the Coastal Commission exercises original permit jurisdiction;or 2. Categorically excluded; or 3. Appealable to the Coastal Commission; or 4. Non-appealable to the Coastal Commission. B. Within 5 days of submitting a CDP application,the applicant or any other person who does not agree with the Director's determination may challenge the determination. If any interested party does not agree with the Director's determination, the matter shall be forwarded to the City Council at the earliest available regularly scheduled meeting to determine whether the project is categorically excluded,non- appealable, or appealable. If such challenge is not resolved and the determination remains disputed,the City shall notify the Coastal Commission(CC)Executive Director by telephone of the dispute/question and shall request the CC Executive Director's opinion. The CC Executive Director may either concur with the Council's determination or forward the request to the Coastal Commission for a final determination. Caapter 245 245-7 02/24/94 245.16 Action on Coastal Development Permit Action to approve,conditionally approve,or deny a Coastal Development Permit shall be taken by the Zoning Administrator,Planning Commission,or City Council,whichever has responsibility for find approval of other discretionary permits. If no other discretionary approval is required,the Zoning Administrator shall act on the Coastal Development Permit application. 245.18 Public Hearing and Comment A public hearing shall be required prior to any action on a Coastal Development Permit. Any person may submit written comment to the Director on.an application for a Coastal Development Permit,or on a Coastal Development Permit appeal,at any time prior to the close of the public hearing. 245.20 Notice for Appealable Development Notice of development appealable to the Coastal Commission shall be provided as follows: A. Contents Of Notice. 1. A statement-that the development is within the appealable area of the Coastal Zone; 2. The date of the filing of the application and the name of the applicant; 3. The file number assigned to the application; .4. A description of the development at its proposed location; 5. The date,time, and place at which the application will be heard; 6. A brief decision of the general procedure concerning the conduct of hearing and local actions; and 7. The system for local and Coastal Commission appeals, including any local fees required- B. Pro-viaionofNot:ic-e Prior to Public Hearing. Notice shall be mailed at least ten(10) days before the public hearing on the project to the following: I Applicant; 2. Owner of the property; 3. All property owners and residents within 100 feet from the perimeter of the subject parcel; Chapter 245 245-8 0=4/94 Ordinance No. 3254 3 4. All persons who have,within the past calendar year,submitted a written request for notice of all Coastal Permit applications; 5. The Coastal Commission; and 6. Public agencies which,in the judgement of the Director,have an interest in the project. C. Notice of Continued Public Hearings. If a decision of an appealable Coastal Development Permit is continued to a time that has not been stated in the initial notice or at the public hearing,notice of the continued hearing shall be provided in the manner prescribed by paragraph(B)above. D. Notice of pecisian. On or before the seventh day following final City action,notice of the decision,including findings for approval and conditions (if any)on the project proposal, shall be mailed to the following: 1. The applicant; 2. The owner of the subject parcel; 3. All persons who have submitted a written request for notification of action on this specific permit; and 4. The California Coastal Commission district office. .5.� 245.22 Notice for Non-Appealable Development Notice of development non-appealable to the Coastal Commission shall be provided as follows: A. Contents of Notice. 1. A statement that the development is within the non-appealable area of the Coastal Zone; 2. The date of filing of the application and the name of the applicant; 3. The file number assigned to the application; 4. A description of the development and its proposed location; 5. The date,time,and place at which the application will be heard; and 6. A brief description of the general procedure concerning the conduct of hearing and actions. Chapter 245 245-9 02/24/94 B. Ito dsion ofNotice. Notice of developments shall be given at least ten(10)calendar days before the first public hearing in the€ollowing manner: 1. If the matter is heard by the Planning Commission,notice shall be published in a newspaper of general circulation; 2. Notice by first-class mail to any person who has filed a written request for notification of such action, 3. Notice by first-class mail to property owners within 300 feet of the projects; 4. Notice by first-class mail to persons residing within 100 feet from the subject parcel; 5. Notice by first-class mail to the Coastal Commission and any commission or board as provided by the Local Coastal Program; and 6. Notice by first-class mail to the applicant and owner of the property. 245.24 Notice of City Action aM A. FinWj!y of City Action. The City's decision on an application for a development shall not be deemed complete until: 1. The City's decision on the application has been made and all required findings have been adopted,including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified local coastal program and,where applicable,with the public access and recreation policies of Chapter 3 of the Coastal Act;and 2. When all City rights of appeal have been exhausted as defined in the California Code of Regulations Section 13573 and Subsection D of Section 245.24. S B. Notice Qf Final.Action. 1. Within seven calendar da s of the City completing its review and meeting the requirements of Section above,the City shall notify by first class mail the Coastal Commission,and any persons who specifically requested notice of such action. a. If the City has failed to act on an application within the time limits set forth in Government Code Sections 65950-65957.1,thereby approving the development by operation of law,the person claiming a right to proceed pursuant to Government Code Sections 65950-65957.1, shall notify, in writing,the City and the Coastal Commission of his or her claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved. Chapter 245 45-14 02/24/94 Ordinance No. 3254 b. When the City determines that the time limits established pursuant to Government Code Sections 6595M5957.1 have expired,the City shall, within seven calendar days of such determination,notify any person entitled to receive notice pursuant to Section 13571(a)of the California Code of Regulations that the application has been approved by operation of law pursuant to Government Code Sections 65950-65957.1 and the application may be appealed to the Coastal Commission pursuant to Section 13110 et seq. of the California Code of Regulations. s.4M C. Effective Date Q£City Action. The City's final decision on an application for an appealable development shall become effective after the ten working day appeal period to the Commission has expired unless either of the following occur: I. An appeal is filed in accordance with chapter; 2. The notice of final City action does not meet the requirements of this chapter. r-1 D. Exhaustion of City Appeals. L�J 1. An appellant shall be deemed to have exhausted City appeals and shall be qualified as an aggrieved person where the appellant has pursued his or her appeal to the City appellate body(bodies)as required by the appeal procedures contained in Section 245.32; except that exhaustion of all City appeals shall not 3 be required if any of the following occur: a. The City requires an appellant to appeal to more City appellate bodies than have been certified as appellate bodies for permits in the coastal zone,in the implementation section of the Local Coastal Program. b. An appellant was denied the right of the initial City appeal by a City ordinance which restricts the class of persons who may appeal a City decision. C. An appellant was denied the right of City appeal because City notice and hearing procedures for the development did not comply with the provisions of the Chapter. d. The City charges an appeal fee for the filing or processing of appeals. 989•S,Sc 2. Where a project is appealed by any two(2)members of the Coastal Commission,there shall be no requirement of exhaustion of City appeals. Provided,however,that a City government may provide,by ordinance,that notice of commissioner appeals may be transmitted to the City's appellate body (which considers appeals from the City body that rendered the final,decision), and the appeal to the Commission may be suspended pending a decision on the merits by that City appellate body. If the decision of the City appellate body modifies or reverses the previous decision,the commissioners shall be required to file anew appeal from that decision. Chapter 245 245-11 02/24/94 24516 Precedence of Local Coastal Program Where the plans,policies,requirements or standards of the Local Coastal Program,as applied to any project in the CZ Overlay District,conflict with those of the underlying zoning district or other provisions of this chapter,the plans,policies,requirements or standards of the Local Coastal Program shall take precedence. o 245.28 Conditions Approval of a Coastal Development Permit shall be subject to conditions as necessary to ensure conformance with,and implementation of,the Local Coastal Program. Modification and resubmittal of project plans,drawings, and specifications may be required to ensure conformance with the Local Coastal Program. 245-30 Findings A. .Required- - Fin ' ns.A CDP application may be approved or conditionally approved only after the approving authority has made the following specific factual findings supporting the legal conclusion: I. Local-Coastal Han. That the development project, as proposed or as modified by conditions of approval,conforms with the General Plan, including the Local Coastal Program; 2. Z&Wng Provisions. That the project is consistent with the requirements of the CZ Overlay District,the base zoning district, as well as other applicable provisions of the Municipal Code; 3. A-d&g=Swim That at the time of occupancy the proposed development can be provided with infi-astructure in a manner that is consistent with the Local Coastal Program; and 4. California Coastal AC . That the development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. .245-32 Appeals Development pursuant to an approved Coastal Development Permit shall not commence until all applicable appeal periods expire or,if appealed,until all appeals, including those to the Coastal Commission,have been exhausted. A. Action by the Zoning Administrator or Planning Commission to approve, conditionally approve,or deny any Coastal Development Permit may be appealed on or before the tenth working day following such action. Acton by the Zoning Administrator may be appealed to the Planning Commission. Action by the Planning Commission may be appealed only to the City Council. Chapter 245 245-12 02/24/94 Ordinance No. 3254 B. Action by the City Council to approve,conditionally approve,or deny a Coastal Development Permit for the following types of developments may be appealed to the Coastal Commission in accordance with Coastal Commission provisions. 1. Approved or conditionally approved developments located within the appealable 2. Any approved or conditionally approved project involving development that constitutes a major public works project or a major energy facility. C. An appeal pursuant to this chapter may be filed only by the applicant for the Coastal Development Permit in question,an aggrieved person,or any 2 members of the Coastal Commission D. An appeal to the Planning Commission shall be filed with the Department of Community Development.An appeal to the City Council shall be filed with the City Clerk. The appeal shall be accompanied by a fee set by resolution of the City Council and a statement of the grounds for the appeal. E. Notice of the appeal shall be given asset forth in Section 245.20 or 245.22 F. An appeal to the Coastal Commission shall be processed in accordance with the provisions of Sections 13110, 13111, 13112,and 13113 of the California Code of j Regulations. �9s.6 24534 Application After Denial Whenever a CDP request under the provisions of this section has been denied and such denial has become final,no new CDP application for the same or similar request may be accepted within 1 year of the denial date,unless the Director finds that a sufficient change in circumstances has occurred to warrant a new CDP application. 9�.5. 245.36 Expiration of Coastal Development Permit A Coastal Development Permit shall expire on the latest expiration date applicable to any other permit or approval required for the project,including any extension granted for other permits or approvals. Should the project not require City permits or approvals other than a Coastal Development Permit, the Coastal Development Permit shall expire one year from its date of approval if the project has not been commenced during that time. 245.38 Permit Amendment Upon application by the permittee,a Coastal Development Permit may be amended by the approving authority. Application for and action on an amendment shall be accomplished in the same manner specified by this chapter for initial approval.of Coastal Development Permit. In addition,hearing notice shall be given to any person who the Director determines has reason to know would be interested in the matter. Public hearing notice requirements for permit amendments shall be the same as required for public hearings for the permit applications. Chapter 245 245-13 02J24/94 245.40 Procedures for Open Space Easements and Public Access When a CDP requires dedication of a public access,open space or conservation easement prior to recordation of a final tract or parcel neap or prior to issuance of the CDP, the legal dedicating document shall be approved by the City Attorney as to form and content and the Coastal Commission Executive Director and accepted by the City Council prior to such recordation or CDP issuance. The offer of dedication shall be processed in the following manner: A. After the Director and the City Council have approved the offer of dedication, the offer Of dedication together with a copy of the CDP conditions and findings shall be forwarded to the Coastal Commission for review and approval. B. If the Director has not received a notice of recommended changes from the Coastal Commission Executive Director within 15 days,the map may be recorded or the CDP may thereafter be issued in compliance with applicable city procedures and standards. C. If the Coastal Commission Executive Director has recommended changes in the offer of dedication,the subject map shall not be recorded,nor shall a CDP be issued,until the offer of dedication has been revised in a manner satisfactory to and as approved by the Director,consistent with the Executive Director's recommendation- D. Disputes with the Coastal Commission Executive Director's recommendation may be put before the Coastal Commission for final resolution. Chapter 245 245-14 02J24/94 Ordinance No. 3254 t b5lofflfik-i" s Sections: x 246.02 Purpose 246.04 Application Requirements 246.06 Department Review and.Recommendations 246.08 Public Hearing Required 246.10 Planning Commission Action 246.12 City Council Action 246.14 Annual Review 246.16 Application of Existing Rules,Standards,and Policies 246.18 Modification and Termination 246.02 Purpose In order to strengthen the public planning process,encourage private participation in comprehensive planning,and reduce the economic cost of development,the Legislature of the State of California adopted Section 65864 et seq. of the Government Code, authorizing local governments to enter into development agreements with applicants for development projects. The objective of such an agreement is to provide assurances that,upon approval of the project,the applicant may proceed.with the project in accord with existing policies,rules, and standards,subject to the conditions of approval,thus vesting certain development rights in the property. The purpose of this chapter is to establish procedures and requirements for consideration of development agreements by the City consistent with state law. 246.04 Application Requirements An applicant may propose that the City consider entering into a development agreement pursuant to Title 7, Chapter 4,Article 2.5 of the Government Code,commencing with Section 65864,by filing an application with the Planning Division. All agreement provisions are subject to modification or suspension as set forth in Title 7,Chapter 4,Article 2.5, of the Government Code, commencing with Section 65864. The application shall be accompanied by the following: A. A proposed agreement,which shall contain the following: 1. A legal description of the property sought to be covered by the agreement; 2. A statement of concurrence in the application by the owner if the applicant is not the fee owner; Chapter 246 246-1 02/24/94 I A description of the proposed uses,height and size of building(s),density or intensity of use,and provision for reservation or dedication of land for public purposes; 4. A statement of term and conditions relating to applicant financing of public facilities and required improvements; 5. All proposed conditions,terms,restrictions, and requirements for subsequent City discretionary actions; 6. A statement specifying which rights are intended to vest on the effective date of the agreement,and the timing and sequence of subsequent discretionary approvals and vesting.of rights; 7. The proposed time when construction would be commenced and completed for the entire project and any proposed phases; and 8. The termination date for the agreement. B. Such other information as the Director may require by policy or to satisfy other requirements of law. C. The required fee. 246.06 Department Review and Recommendations Unless the project is categorically exempt,the Department shall,at the applicant's expense and in accord with City procedures for implementations of CEQA,undertake environmental review of an application judged complete by the Director. Upon completion of such review, the development agreement shall be transmitted together with the Departments recommendations to the Planning Commission 30 days prior to the public hearing by the Planning Commission. 246.08 Public Hearing Required Upon receipt of a complete application,the results of the environmental review, and the recommendations of the Department,the Planning Commission shall schedule a public hearing to determine whether the proposal conforms to the General Plan. The Planning Commission hearing shall be scheduled within six(6)months following receipt of a complete application, unless the City and the applicant mutually agree to a later date. Notice of intention to consider the application shall be given as provided in Sections 65090 and 65091 of the Government Code. In addition, if the application is being processed together with the development project,notice of such intention shall be given as required for consideration of the development project. 246.10 Planning Comnuission Action After the public hearing is closed,the Commission shall determine whether the agreement is consistent with the General Plan and,on the basis of such findings, shall recommend either Chapter 246 246-2 02/24/94 Ordinance No. 3254 approval,modification,or disapproval of the proposed development agreement. The Commission shall transmit its recommendation and the development agreement to the City Council within 30 days and 30 days prior to the public hearing by the City Council. 246.12 City Council Action A. Upon receipt of the application,the results of the environmental review,and the recommendations of the Department and the Planning Commission,the City Council shall schedule a public hearing on the application. Notice of intention to consider the application shall be given in the same manner as set forth in Section 246.08. B. If the application is being processed together with the development project,the public hearing on the application may be held concurrently with the hearing on the project. C. After the public hearing is closed,the City Council shall approve,modify, or disapprove the proposed development agreement An agreement shall not be approved unless the City Council makes the following findings: 1. After considering the Planning Commissions!review that the agreement is consistent with the General Plan and with any Specific Plan; 2. That the agreement is consistent with all provisions of this ordinance,the Municipal Code,and the State Subdivision Map Act; 3. That the agreement will,not be detrimental to the health,safety and general welfare;and will not adversely affect the orderly development of Property; 4. That the City Council has considered the fiscal effect of the development agreement on the City and the effects on the housing needs of the region in which the City is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. Any approval of a proposed agreement shall authorize the Mayor and the City Administrator to sign the agreement on behalf of the City, and shall become effective after 30 days following the second reading,unless a referendum is filed within:that time. 246.14 Annual Review A. All development agreements shall be reviewed by the Director at at least once every 12 months,unless the agreement provides for more frequent review, in which case the agreement shall prevail. B. The purpose of the review shall be to inquire into the good faith compliance of the applicant with the terms and conditions of the agreement and for any other purpose specified in the agreement Chapter 246 246-3 02/24/94 C. Prior to each review,the Department shall prepare a report relative to all development that has occurred under the agreement subsequent to the last past review and any other matters the Department wishes to bring to the Director's attention. D. If the Department review determines that all terms and conditions of the agreement have been met,and the Director concurs in writing,no further review shall be required. E. If the Department report recommends modification or termination of the agreement, or if the Director proposes to make such a recommendation to the City Council,he shall schedule a public hearing before the Planning Commission on the agreement if such modifications are major or involve land use changes. Notice of intention to modify or terminate the agreement shall be given in the same manner as set forth in Section 246.08. At such hearing the applicant shall have the burden of demonstrating his good faith compliance with the terms and conditions of the agreement. After closing the public hearing,the Planning Commission shall determine whether to recommend that the agreement be terminated or modified- F. Upon receipt of the Director's or Planting Commission's recommendation,the City Council shall schedule a public hearing.Notice of intention to modify or terminate the agreement shall be given in the same manner as set forth in Section 246.08. If,after the public hearing is closed,the City Council finds and determines on the basis of substantial evidence that the applicant or its successor in interest has not complied is good faith with the terms and conditions of the agreement, the City Council may modify or terminate the agreement. Any modification or termination is subject to the provisions of Section 246.18,below. 246.16 Application of Existing Rules,Standards and Policies Unless otherwise provided by the development agreement,rules, standards,and official policies applicable to development of the property subject to a development agreement,shall be those Hiles,standards,and official policies in force at the time of execution of the agreement. A development agreement shall not prevent the City, in subsequent actions applicable to the property,from applying new rules,standards,and policies which do not conflict with those rules,standards,and policies applicable to the property as set forth herein, nor shall a development agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, standards, and policies. No rights shall be deemed to vest in the applicant, or any other person, under any development agreement, except as expressly set forth in the development agreement. 246.18 Modification and Termination Any development agreement may be amended,or canceled in whole or in part,by mutual consent of the applicant(or its successor in interest)and the City, or it may be modified or terminated pursuant to the provisions of Section 246.14,above. Notice of intention to take Chapter 246 246-4 02/24/94 Ordinance No. 3254 any such action shall be given in the manner provided by Section 246.08;provided,however; that the parties may set forth an alternative procedure m the agreement for processing insubstantial amendments. Any significant amendment shall be subject to the provisions of the Government Code,Section 65867-5. Any development agreement which is amended or modified shall be subject to those rules, standards, and official policies in force at the time of the execution of the agreement. Chapter 246 246-5 OM4/94 T INTENTIONALLY LEFT BLANK Ordinance No. 3254 21 e^-a. s -r��.`'.pp��rr -w- - , - �{-a�r ,...:+'., -_,. -., - •-cF,sue -f-,-n. ,: ,5.. .x - „fa - 'c Sections: New Eq=& 247.02 Initiation of Amendments ArAde 982 247.04 Required Application Materials for repwai Amendments Initiated by Property Owners 247.06 Public Hearing Scope and Notice 247.08 Planning Commission Review and Recommendation 247.10 Determination Before Making Recommendation on Change in Zoning District Classification or Zoning or Subdivision Provision or Standard 247.12 Result of Planning Commission Denial 247.14 City Council Action 247.02 Initiation of Amendments j Amendments to the zoning provisions,standards or map may be initiated by motion of the City Council or Planning Commission, or any other person or agency. If property that is the subject of an application not initiated by the City is in more than one ownership, all the owners or their authorized agents shall join in filing the application. 247.04 Required Application Materials for Amendments initiated by Others - A property owner,resident, or any other person may initiate a request for a zoning map or zoning text amendment by filing an application and necessary accompanying data,as prescribed by the Director,and the required fee. 247.06 Public Hearing Scope and Notice A. S=e. The Director shall set a date,time,and place for the public hearing and prepare a report to the Planning Commission on an application for a zoning amendment describing the area, standard or provision to be considered for change and, if warranted, proposing alternative amendments. The hearings will be held within sixty(60)days after final environmental evaluation. B. Ngtice of 06=. Notice shall be given in accord with Chapter 248. 247.08 Planning Commission Review and Recommendation At the time and place set for the public hearing,the Planning Commission shall consider a report of the Director and shall hear evidence for and against the proposed amendment. The Planning Commission may continue a public hearing to a definite date and time without additional notice. Chapter 247 02/24/94 Following the public hearing,the Commission shall make specific findings as to whether the proposed amendment is consistent with the policies of the General Plan and the purposes of this chapter,and shall recommend approval, conditional approval,or disapproval of the proposal as submitted or in modified form. . 247.10 Determination Before MaIdng Recommendation on Change in Zoning District Classification or Zoning or Subdivision Provision or Standard Before the Planning Commission makes its recommendation on an application for(1)a change of zoning district applicable to a specific site or(2)a change in the text of a zoning or subdivision provision or standard,it shall determine whether or not: A. The change proposed is consistent with the objectives,policies,general land uses and programs specified in the General Plan and any applicable specific plan-, B. In the case of a general Land use provision,the change proposed is compatible with the uses authorized in,and the standards prescribed for,the zoning district for which it is proposed; C. A community need is demonstrated for the change proposed;and D. Its adoption will be in conformity with public convenience,general welfare and good zoning practice- 247.12 Result of Planning Commission Denial A Planning Commission recommendation of denial of an application for a zoning map or text amendment shall terminate proceedings,unless appealed. Notice of such action shall be mailed to the applicant within five days of the Planning Commission's decision. 247.14 City Council Action A. Hearing Date and Notice. Upon receipt of a Planning Commission recommendation for approval or conditional approval of an amendment to the zoning text or map,the City Clerk shall,set a date and time for a public hearing on the proposed amendment. The hearing shall be held within a reasonable time of the.date of filing of the Commission recommendation. The City Clerk shall give notice of such hearing in the manner prescribed as required by Chapter 248. B. Council Decision. Prior to adoption of an ordinance,the Council shall make findings that the proposed amendment is consistent with the policies of the General Plan and the notice and hearing provisions of Chapter 248. (1,4 D7-_ Chapter 247 02/24/94 Ordinance No. 3254 v ..' ::.✓. .rr:..ay. _...— .> .. .-..�Y �. -no Sections: 248.02 Director's Duty to Give Notice 248.04 Notice Requirements 248.06 Rules Governing Conduct of Hearing,Opportunity to be Heard and Burden Of Proof 248.08 Requirement that Findings be Made Upon Grant of Application 248.10 Time and Manner of Decision 248.12 Time Limit on Reapplication for Same Matter 248.14 Denial Without Prejudice 248.16 Finality of Decision and Time for Appeal 248.18 Designation of Hearing Body on Appeal 248.20 Appeal of Decision 248.22 Appeal of a Failure to Act 248.24 Appeal of Decision Not Otherwise Provided For 248.26 Fee for Appeal s. 248.28 Appeal by City Council Members or Planning Commissioner 248.30 Effective Date of Decision 9870 248.02 Director's Duty to Give Notice 9876.I 9975 Within sixty(60)days after final environmental evaluation the Director shall give the notice of 9sI3.I public hearing required by law. The form of the notice shall contain: A. The date,time and place of the hearing; B. A general explanation of the matter to be considered,including a general description of the area affected; C. Other information which is required by statute or specific provision of this code or which the Director considers necessary or desirable. Chapta 248 248-1 02/24/94 248.04 Notice Requirements 9970Z Reference to 9971 Type of Action Notice Requirement* Notice Requirement M4 9814.2 9730.42 96823 A. General PIan Adoption or Amendment 65090,65091 65353 B. Zoning Ordinance Planning Commission(Gen.) 65090 65853--65857 Planning Commission(Uses) 65090,65091 65853--65957 City Council 65090 65853--65857 C. Variance,conditional use permit, 65091 65905 development agreement, special sign permit, revocation,modification or appeal D. Subdivision 65090,65091 66451.3(a) 3 E. Home occupation revocation. 65091 65905 *References are to the Government Code These notice requirements are declaratory of existing law. If state law prescribes a different notice requirement,notice shall be given in that manner. A reviewing body designated to hear a matter may direct that notice be given in a manner that exceeds the notice requirement prescribed by state law. Fpc, 248.06 Rules Governing Conduct of Hearing: Opportunity to be Heard and Burden of Proof Public hearings shall comply with minimum procedural standards prescribed by Government Code Section 65804. Each person interested in a matter that is the subject of a public hearing shall be given an opportunity to be heard. In each case,the applicant has the burden of proof at the public hearing on the application and at the public hearing on the appeal. 9841-7 248.08 Requirement that Findings be Made Upon Grant of Application 9914A A. In each case where a reviewing body is designated to make a decision of an adjudicatory nature as the result of a proceeding in which a hearing is required by state law or this ordinance code to be given,the body shall make findings to support its decision. Chapter 248 248-2 02/24/94 Ordinance No. 3254 B. Subsection A applies only to a determination made in the reviewing body's adjudicatory capacity. It does not apply to an action of a legislative nature such as a recommendation for an adoption of a zoning or subdivision provision. The existence or non-existence of a determination in connection with a legislative action does not affect the validity of that action unless otherwise directed by state law. 248.10 Time and Manner of Decision 98ut 7 - 9841.9 A. Form. After hearing the evidence and considering the application,the reviewing a body,i.e.,Zoning Administrator,Planning Commission, or City Council, shall make 9814.4 its decision. The decision shall be in the form of a written statement,minute order 9814s or resolution and shall be accompanied b reasons sufficient to inform as to the basis 9815.4 p y 9800.1 for the decision. B. Time. The reviewing body shall]fflWiaits deeis—im� formujate its written findings within Iftialendar days after the deca sior� C. Notice of Decision. The Director shall have notice of the decision mailed to the applicant at the address given in the application and to each person who requests in wztting notice of the proceedings within 5 working days of the decision,excl !As holidays. Ttie. rj,,eafor r7kall atso hmm �«- of- t-1.-p d Sid-%T►o vnlinn omrrlc zi-y towlc.:1 ,u��4.:+1 4 e►yours�c�}i +n.D. gM nce Zs,Qp icanfs Agr-eemot. The applicant's acceptance of the decision is an agreement to comply with the decision and its terms and conditions. 248.12 Time Limit on Reapplication for Same Matter KIf an application is denied and the decision is final,no person may file a new application for substantially the same request for a period of one year from the date the action of the city is final except as provided in Section 248.14 for denial "without prejudice." 248.14 Denial Without Prejudice If the application is denied"without prejudice," the applicant may reapply for substantially the same request without complying with the time limit prescribed in Section 248.12. 248.16 Finality of Decision and Time for Appeal 9815 43 A decision on a discretionary approval is not final until the time for appeal expires. The time for 9841.10 appeal from a decision by the Zoning Administrator,the Environmental Assessment Committee, Subdivision Committee,Design Review Board, or the Planning Commission shall be filed within ten calendar days after the date of the decision. Appeals may not be processed on actions which must be heard by and receive final action by the City Council. 248.18 Designation of Hearing Body on Appeal 98i5.4 The Planning Commission shall hear an appeal from the decision of the Director,Zoning Administrator,Design Review Board,Environmental Assessment Committee,and Subdivision Chapter 248 248-3 02/24/94 Wkiel, be he" -r)�,s 5ec,4-;oY1 s4n,0 mt 'xPf)Y 40 *A'%Y ov- 130+- OLA- Commit ee. The City Council shall hew an appeal from the decision of the Planning Commission. The d ion of the City Council is final. 248.20 Appeal of Decision R97 A. Notice of A=eal A person desiring to appeal a decision shall file a written notice 9815.4 of appeal with the Director within the time required by Section 248.16 except an appeal to the Planning Commission's decision shall be filed with the City Clerk. B. E=of Notice anApVW The notice of appeal shall contain the name and address 19815A I of the person appealing the action,the dedsion appealed from and the grounds for the appeal. The Director may provide the form of the notice of appeal. A defect in the form of the notice does not affect the validity or right to an appeal. 19M C. Action on Anneal. The Director or City Clerk shall set the matter for hearing before 19M I 19U2.$ I the reviewing body and shall give notice of the hearing on the appeal in the time and 19815.4 manner set forth in Sections 248.02 and 248.04. 597-1 D. P&Ns-v-Q HrAdng. The reviewing body shall hear the appeal as a new matter. The I 9842.E I 19915.4 original applicant has the burden of proof. The reviewing body may act upon the application,either granting it,conditionally granting it or denying it,irrespective of the precise grounds or scope of the appeal. In addition to considering the testimony and evidence presented at the hearing on the appeal,the reviewing body shall consider all pertinent information from the file as a result of the previous hearings from which the appeal is taken. E. D—ecigion on AoeWd. The reviewing body may reverse or affirm in whole or in part, or may modify the order,requirement,decision,or determination that is being appealed- 248.22 Appeal of Failure to Act An applicant may appeal the failure of the Zoning Administrator,Design Review Board, Environmental Assessment Committee,Subdivision Committee or Planning Commission to act on an application if the failure to act continues beyond a reasonable time and the time to act is not otherwise fixed by law. The appeal body shall consider all of the circumstances surrounding the application in determining what is a reasonable time. 248.24 Appeal of Decision Not Otherwise Provided For A. Any person may appeal a decision,requirement or determination made by the Director in the administration of the zoning and subdivision ordinances not otherwise provided for in the individual titles of this code. The Planning Comission shall hear the appeal in the first instance. The appeal shall be in writing,filed with the Director and shall specifically set forth the decision appealed from and the grounds for the appeal. The notice of appeal shall be filed within ten calendar days of the date of the action appealed. Chapter 248 248 02/24/94 Ordinance No. 3254 B. The notice of appeal shall be in the form provided by Section 248.20 A and B. The Director shall schedule the appeal for consideration by the Planning Commission within 30 calendar days and shall give the appellant ten calendar days notice of the time and place of the hearing. The decision of the Planning Commission may be appealed to the City Council. 9951 248.26 Fee for Appeal 9942A 98I5.4 The notice of appeal shall be accompanied by the fee fixed by resolution of the City Council. 248.28 Appeal by City Council Member or Planning Commissioner 9ssl A. A City Council member or a Planning Commissioner may appeal a decision of the 98I5A Director,Design,Review Board,Environmental Assessment Committee,Subdivision Committee,Planning Commission or Zoning Administrator. The appeal shall be processed in the same manner as an appeal by any other person but need not be accompanied by the fee prescribed for an appeal. B. The City Council member or Planning Commissioner appealing the decision is not disqualified by that action from participating in the appeal hearing and the deliberations nor from voting as a member of the reviewing body. 248.30 Effective Date of Decision A decision on a discretionary approval becomes effective at the end of the appeal period. The decision of the City Council is final on the date of its decision. Chapter 248 248-5 03/I 1/94 �Y � ���� ����11L®�l�l. Ordinance No. 3254 n Mti. 'z-- '"'`'- n:rt Sections: 249.02 Permits,Licenses,Certificates, and Approvals 249.04 Enforcement Responsibilities 249.06 Revocation of Discretionary Permits 249.08 Enforcement Penalties 249.10 Abatement Procedure 249.12 Lien Procedure ACVY 24%02 Permits,Licenses,Certificates,and Approvals Any permit,license,certificate,or approval granted in conflict with any provision of this code shall be void. All uses for which permits are issued or approvals granted shall remain in compliance with the ordinance code and evidence of failure to remain in compliance shall be deemed grounds for permit revocation. The cost of issuing permits and of enforcing compliance with the requirements and conditions of zoning permits,conditional use permits, and other discretionary approvals may be recovered through charges or fees in connection with issuance of such permits,as established by resolution of the City Council. F90-1 249.04 Enforcement Responsibilities The Director shall enforce all provisions of this ordinance code and shall have responsibility for revocation of discretionary permits, as provided in Section 249.06. 249.06 Revocation of Discretionary Permits 9843.i A. Duties of Director. Upon determination by the Director that there are 98a6 reasonable grounds for revocation of conditional use permits,variance, 19837 development plan approval, or other discretionaryapproval authorized b this 9816 code,a revoc ion hearnng shall be set before the original hearing body. y B. Notice and Public Hearing. Notice shall be given in the same manner required for a public hearing to consider approval. If no notice is required for the permit, none shall be required for the revocation hearing. C. Baring. The Planning Commission or Zoning Administrator shall hear testimony of City staff and the owner of the use or structure for which the permit was granted,if present. At a public hearing,the testimony of any other interested person shall also be heard. A public hearing may be continued to a specific date,time,and place without additional public notice. Chapter 249 249-1 02/24/94 D. Rgauired Findings. The Planning Commission or Zoning Administrator shall revoke the permit upon making one or more of the following findings: 1.. That the permit was issued on the basis of erroneous or misleading information or misrepresentation; 2. That the terms or conditions of approval of the permit have been violated or that other laws or provisions have been violated, 3. That there has been a discontinuance of the exercise of the entitlement granted by the permit for twelve consecutive months. E. Dggision anal Notice. Within ten days of the conclusion of the hearing,the Planning Commission or Zoning Administrator shall render a decision and the Director shall mail notice of the decision to the owner of the use or structure for = which the permit was issued and to any other person who has filed a written request for such notice. F. Effective Date;$peals. A decision to revoke a discretionary permit shall become final ten days after the date of the decision,unless appealed. G. Rights Cumulative. The City`s right to revoke a discretionary permit, as provided in this section,shall be cumulative to any other remedy allowed by law. 249.08 Enforcement Penalties Each violation of the zoning and subdivision ordinancmmay be alternatively enforced as follows. Each method set forth herein is not intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each and every twenty-four(24)hour period any such violations exist constitutes a separate offense. 9oz2n� A. i e e . Any person viol ling any of the provisions or failing to comply 19754with any of a mandatory req ' ments of Titles 20-25 of this code may be prosecuted for a misdemeanor. ritten citations for misdemeanors ma.Y be c,ade edurce-- issued by police officers or ow4xo -~ ` cers vAIO ere er,L nnc of 3113jr nn.rr�r��efn� .� ne�t�rnp.ir.tl+n l�nr»ur o f- ArracrF nn C an+�in yr cis Ri'Zc G G4 a r�4 pedfi 4n Califmia Rem-] pursuant to California Penal Code 836.5. All citations issued under this chapter shall be delivered to the City Attorney who shall have the prosecutory discretion as to the filing of a misdemeanor complaint with the court as required by California Penal Code Section 853.6. Any person convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine not to exceed five hundred dollars($500.00) or imprisonment for a term not to exceed six(6)months, or both fine and imprisonment. Any person convicted of an infraction shall be punished by a fine not to exceed five hundred dollars($500.00). 9a22cz} B. Civil Action. The City Attorney at the request of the City Council may institute an action in any court of competent jurisdiction to restrain,enjoin or abate the Chapter 249 49-2 02/24/94 Ordinance No. 3254 condition(s)found to be in violation of the provisions of Titles 20-25 of this code, as provided by law. C. Payment of any fine or penalty shall not relieve a person,firm,or corporation from the responsibility of correcting the condition consisting of the violation. 249.10 Abatement Procedure A. Notification of Violations. Whenever the Director determines that any property within the City is being maintained contrary to the provisions of this ordinance code,the Director shall give written notice("Notice to Abate")to the owner, sent by certified mail to his last known address, stating the section(s)or standards being violated. Such notice shall set forth a reasonable time limit, in no event less than seven days,for correcting the violation(s). B. Ad_minigofive Headne to Correct Violations. In the event said owner shall fail,neglect or refuse to comply with the"Notice to Abate," the Director shall require the Zoning Admmhustrator to conduct an administrative hearing to ascertain whether abatement should be required. C. Notice of Hearing. Notice of said hearing shall be mailed to the owner not less than ten days before the time fixed for hearing. Failure of any person to receive notice shall not affect the validity of the abatement proceedings hereunder. D. Administrative Hearing. At the time stated in the notice,the Zoning Administrator shall hear and consider all relevant evidence,objections or protests and shall receive testimony relative to such alleged zoning violation and to the proposed eviction or relocation of an illegal use or the rehabilitation, repair,removal or demolition of an illegal structures. Said hearing may be continued from time to time.If the Zoning Administrator finds that a zoning violation does exist and there is sufficient cause to evict or relocate an illegal use or rehabilitate,demolish,remove or repair an illegal structure,the Zoning _ Administrator shall prepare findings and an order specifying the nature of the violation,the method(s)of abatement and the time within which the work shall be commenced and completed. The order shall include reference to the right of appeal set forth in subsection(F)below. A copy of the findings and order shall be mailed to the property owner by certified mail. In addition, a copy of the findings and order shall be forthwith conspicuously posted on the property. E. Procedm.No An al. In the absence of any appeal,the illegal use shall be discontinued or property shall be rehabilitated,repaired,removed, or demolished in the manner and means specifically set forth in the order of abatement. In the event the owner fails to abate the violation as ordered,the Zoning Administrator shall cause the same to be abated by city employees or private contract. The costs shall be billed to the owner. The Zoning Administrator is expressly authorized to enter upon said property for such procedure. F. 34nneal Procedure.He-mngby City Council. The owner may appeal the Zoning Administrator's findings and order to the City Council by filing an appeal with the City Clerk.within seven days of the date of the Zoning Administrator's decision. The appeal shall contain: Chapter 249 249-3 02/24/94 1. A specific identification of the subject property: 2. The names and addresses of the appellants; 3. A statement of appellants legal interest in the subject property; 4. A statement in ordinary and concise language of the specific order or action protested and the grounds for appeal, together with all material facts in support thereof; 5. The date and signature of all appellants; and 6. The verification of at least one appellant as to the truth of the matters stated in the appeal. As soon as practicable after receiving the appeal,the City Clerk shall set a date for the Council to hear the.appeal,which date shall be not less than seven days nor more than 30 days from the date the appeal was filed. The City Clerk shall mail each appellant written notice of the time and the place of the hearing at least five days prior to the date of the hearing. Continuances of the hearing may be granted by the Council on request of the owner for good cause shown,or on the Council's own motion. G. Decision by Council. Upon the conclusion of the hearing,the Council shall determine whether any use or structure on the property or any part thereof,as maintained,constitutes a zoning violation. If the Council so finds,the Council shall adopt a resolution declaring such a violation, setting forth its findings and ordering the abatement of the same by having the illegal use evicted or relocated or the illegal structure rehabilitated,repaired,removed, or demolished in the manner and means specifically set forth in the resolution. The resolution shall set forth the time within which such work shall be completed by the owner,in no event less than 30 days. The decision and order of the Council shall be final. H. Ttotice of Order to Abate. A copy of the resolution of the Council ordering the abatement of such violation shall be sent by certified mail to the property owner(s). Upon abatement in full by the owner,the proceedings hereunder shall terminate. I. Abatement by City. If such nuisance is not abated as ordered within the prescribed abatement period,the Director shall cause the same to be abated by City employees or private contract. The Director is expressly authorized to enter upon said property for such purposes. The cost,including incidental expenses,of abating the violation shall be billed to the owner and shall become due and payable 30 days thereafter. TThe term"incidental expenses" shall include,but not be limited to,personnel costs,both direct and indirect;costs incurred in documenting the violation;the actual expenses and costs of the City in the preparation of notices,specifications and contracts,and in inspecting the work;and the costs of printing and mailing required hereunder. J. Limitatim of Filing Judicial Action. Any action appealing the Councirs decision and order shall be commenced within 30 days of the date of mailing the decision. Chapter 249 2494 02/24/94 Ordinance No. 3254 K.. Demolition, No illegal structure shall be found to be a zoning violation and ordered demolished unless the order is based on competent sworn testimony and it is found that in fairness and in justice there is no way other than demolition reasonable to correct such violation. L. Recorded Notice of I tent to Demo A RMuired. A copy of any order or resolution requiring abatement by demolition shall be recorded with the County Recorder. f' 249.1.2 Lien Procedure A. Record of Cost of Abatement. The Director shall keep an account of the cost, including incidental expenses,of abating zoning violation on each separate lot or parcel of land where the work is done by the City and,shall render an itemized report in writing to the City Council showing the cost of abatement, including the cost of eviction or relocation of illegal uses or rehabilitation, demolition,or repair of illegal structures,including any salvage value relating thereto;provided that before said report is submitted to the City Council,a copy of the same shall be posted for at least five days upon the lot or parcel where the violation occurs,together with a notice of the time when said report shall be heard by the City Council for confirmation. A copy of said report and notice shall be served upon the property owner(s)at least five days prior to submitting it to the City Council. Proof of posting and service shall be made by affidavit filed with the City Clerk. B. Ass anent Caen. The total cost for abating a zoning violation,as so confirmed by the City Council,shall constitute a special assessment against the respective lot or parcel of land to which it relates,and upon recordation in the Office of the County Recorder of a Notice of Lien,as so made and confirmed,shall constitute a lien on said property for the amount of such assessment. After such confirmation and recordation,a certified copy of the Council's - decision shall be filed with the County Auditor-Controller on or before August 1 of each year,whereupon it shall be the duty of said Auditor-Controller to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes and thereafter said amount shall be collected at the same time and in the same manner as ordinary municipal taxes are collected,and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment. In the alternative,after recordation,such lien may be foreclosed by judicial or other sale in the manner and means provided by law. Chapter 249 249-5 02/24/94 INTENTIONALLY LEFT BLANK Ordinance No. 3254 TITLE 25 subdivisions INTENTTONALLY LEFT LAN Ordinance No. 3254 ,230 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 F9;W-J 250.02 Citation and Authority This Title is adopted pursuant to Chapter M,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 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. The type and intensity of land use as shown on the General Plan 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. 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. 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 Chapter 250 250-1 02/24/94 existed is not thereby created,provided that,the lot line adjustment is approved pursuant to Section 250.16B. fW2-1 250.10 Definitions 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 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 My set forth herein. Access Rights. The right of abutting landowners or occupants to obtain access to an abutting public way. Ac—reage. 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 Compliance. 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. -C&Engi 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. CulAe-Sac. A local street,one end of which is closed and consisting of a circular turnaround. D-a y, A calendar day unless otherwise specified. Department The Community Development Department of the City of Huntington Beach. D%-Ztb=of Public Works. The Department of Public Works of the City of Huntington Beach. it The Director of the Community Development Department of the City of Huntington Beach. Egment. A grant of one or more property rights by the owner to the City,a public entity,public utility,or private party. FhW 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. Chapter 250 250-2 02124/94 Ordinance No. 3254 Lot Line Adjustment. A minor shift or rotation of existing lot lines where a greater or lesser number of parcels than originally existed is not created. 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. ram.cel Ma-R. 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. Ra 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. Sce is ent. An easement dedicated to the City that protects a view from a specific location or i 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'Engineering Specifications. Specifications for public improvements adopted by the Department of Public Works. Subdivision Committee. The Subdivision Committee of the City of Huntington Beach. Subdivision Map Aet. 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. 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 Vesting Te=ive Ma. A tentative map for a 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. Chapter 250 250-3 02/24/94 250.12 Responsibilities A. City Att=gy- The City Attorneys 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. 99U3a B. City CDund 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. FW—O3a--1 C. PlanningComumission. The Planning Commission's responsibilities shall include approving,conditionally approving,or denying the application for tentative map approval of subdivisions of 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. 9811.3 D. Zanim,Administrator. The Zoning Administrator's responsibilities shall include the 9903b I approval,conditional approval or denial of tentative map applications of subdivisions of nine or less parcels,tentative parcel maps and waivers of parcel map requirements,lot line adjustments,mergers and certificates of compliance. E. City Engineer. The City Engineer's responsibilities shall include: l. 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. 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. Chapter 250 250-4 02/24/94 Ordinance No. 3254 F. oect r. The Director's responsibilities shall include: 1. The processing of tentative maps and lot line adjustments. 2. Determinations of violations of the provisions of the Subdivision Map Act or this Title. 3. 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. 4. Collection of park and recreation fees and fees associated with tentative maps. 9911 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,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. 9912 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. 250.14 Map Requirements 9T3a 2 A Tentative and Yinal Man. 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 Civil 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. 9920 B. Tentative and Parcel MaR. A tentative and parcel map shall be required for all 9930.1 divisions of land into four or fewer parcels and exceptions stated in Section 66426 of 9921 the Subdivision Map Act. However,parcel maps shall not be required for: 1. 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. Chapter 250 250-5 02/24/94 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 any of the 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 Zoning Administrator,or by the Planning Commission on appeal; and 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. C. DLU 'on 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. - F�Us7 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. Chapter 250 250-6 02/24/94 Ordinance No. 3254 m % i MR, Sections: 251.02 General 251.04 Form and Contents 251.06 Accompanying Data and Reports 251.08 Hearings and Action 251.10 Waiver of Time Limits for Zoning Administrator or Planning Commission Action 251.12 Appeals of Planning Commission or Zoning Administrator Action 251.14 Expiration 251.16 Extensions 251.18 Amendments to Approved or Conditionally Approved Tentative Map 251.20 Waiver of Parcel Map Requirements F4F57j 251.02 General L i A tentative map shall be required for all subdivisions as to which a final or parcel map are required by this title. The form and contents, submittal, and approval of tentative maps shall be governed by the provisions of this chapter. F9-930.115 The tentative map shall be prepared in a manner acceptable to the Director and shall be prepared by a California registered civil engineer or California-licensed land surveyor. It shall show parcel lines,existing and proposed topography, existing and proposed public improvements, and such other information as may be required by the City Engineer. Sufficient data or calculations may be required by the City Engineer to show adequacy of existing or proposed infrasftucwm elements. The Director may waive any of the tentative map requirements if circumstances j ustify a waiver or if the type of subdivision does not need to comply with these requirements as provided in Section 251.20. Chapter 251 251-1 02/24/94 251.06 Accompanying Data and Reports The tentative map shall be accompanied by the following data and reports: A. Environmental Review. An environmental assessment shall be submitted,-unless exempt,'to allow a determination to be made in accordance with the California Environmental Quality Act. A B. Title Report. A preliminary title report,not more than six months old and acceptable to the Department showing the legal owners at the time of filing the tentative map. 9967 C. Qeotechnicai.R==. Three copies of a preliminary soils report and engineering geology report,unless this regirement is waived by the Director. D. Qftl R,ort .. Any other data or reports deemed necessary by the Department. 4967 1. If the City Engineer has knowledge of,or the preliminary soils and geology reports indicate,the presence of soil or geologic conditions which,if corrective measures are not taken,would lead to structural defects,a soils and/or geologic investigation of each lot in the subdivision may be required by the Director. Such soils and/or geologic investigation shall address the adequacy of the sites to be developed by the proposed grading and the effect of the soil or geologic conditions on the proposed development. The City may approve the subdivision, " or portion thereof,where soils or geologic problems exist if the City determines that the recommended actions provide for acceptable procedures and design criteria for corrective measures. A condition of the issuance of any foundation permit will require that the approved recommended action be completed and certified as having been done in compliance with the report.2. When preliminary soils and/or geology reports are prepared,final reports shall be submitted prior to the acceptance of the improvements or the release of occupancy permits indicating the specific actions taken pursuant to the preliminary report recommendations. Such reports shall contain complete and sufficient field data to indicate full compliance with the preliminary report or subsequent progress report recommendations as they were applied to specific areas or improvements. If the report is found to be incomplete, inaccurate,or unsatisfactory,the Director may require additional information or may reject the report. 3. A preliminary soils and/or geology report may be waived by the Director provided the Director finds that,due to the knowledge the City has as to the soil and,geologic conditions in the subdivision,no preliminary analysis is necessary. Such knowledge would include the nature,distribution,and strength of the existing soils, and the necessary grading procedures and design criteria for corrective measures, and the geology of the site and the effect of geologic conditions on the proposed development. Chapter 251 251 2 02/24194 Ordinance No. 3254 251.08 Hearings and Action 9912 A. Su 'vi$ion Committee. Whenever a property is to be subdivided into 5 or more parcels,the Subdivision Committee may hold a public hearing prior to reporting on the tentative map for said subdivision- Notice of the time and place thereof,including, general description of the subject matter shall be given at least 10 days before the hearing. Copies of said notice shall be mailed to the subdivider,engineer,property owner of the property proposed for subdivision. Notice shall also be given to each local agency expected to provide water,sewage,streets,schools,or other essential facilities or services to the subdivision. o B. Notice-of Public Hearings. Upon receipt of an application that is accepted as complete,the Department shall set a date for a public hearing,provide notice as required by Chapter 248 and prepare a report with recommendations. A copy of the Department report shall be forwarded to the subdivider at least tree working days prior to the public hearing. 9alz s.1 C. ction. The Planning Commission or Zoning Administrator, as the case may be, shall approve,conditionally approve,or deny a tentative map within 50 days after the tentative map has been accepted. This time period shall commence after certification of the environmental impact report,adoption of the negative declaration, or determination that the project is exempt from the requirements of Division 13 (commencing with Section 21000)of the Public Resources Code. D. Factors to be Considered. In reaching a decision upon the tentative map,the Planning Commission or Zoning Administrator shall consider the effect of that decision on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources. E. A -p=yal. The tentative map maybe approved or conditionally approved if the - following findings are made: I. That the proposed map is consistent with the General Plan or any applicable specific plan,or other applicable provisions of this Code; 2. That the site is physically suitable for the type and density of development; 3. That the design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the Planning Commission or Zoning Administrator may approve such a tentative map if an environmental impact report was prepared with respect to the project and a finding was made that specific economic,social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report; 4. That the design of the subdivision or the type of improvements will not conflict with easements,acquired by the public at large,for access through or use of, property within the proposed subdivision unless alternative easements,for access or for use,will be provided. Chapter 251 251-3 02/24/94 F. DtWal. The Planning Commission or Zoning Administrator shall deny approval of a tentative subdivision map if it determines that approval will result in any of the conditions as described in Government Code Section 66474. 251.10 Waiver of Time Limits for Zoning Administrator or Phnning Commission Action Any applicable time limits for acting on the tentative map may be extended by mutual consent of the subdivider and the Planning Commission or Zoning Administrator. A waiver of applicable time limits may be required to permit concurrent processing of related project approvals or environmental review on the same development project. 9aso 251.12. Appeals of Planning Commission or Zoning Administrator Action The subdivider or any interested person adversely affected by action under Section 251.08 may, within 10 days after the decision,file 'appeal under the provision of Chapter 248. 0. I - I 251.14 Expiration A. The approval or conditional approval of a tentative map shall expire 24 months from its approval. The period of time may be lengthened if the project is subject to Section 66452.6(a),(b)or(c)of the Subdivision Map Act. 251.16 Extensions 9441a A. Request by Subdivided. The subdivider may request an extension of the expiration elate of the approved or conditionally approved tentative map by written application to the Department. The application and any required fee shall be filed not less than 30 days before the map is to expire and shall state the reasons for requesting the extension. n B. , ction. The Department shall review the request, determine whether a public hearing is required based on changing conditions in the area,and submit the application for the extension,together with a report,to the Planning Commission or Zoning Administrator for approval,conditional approval,or denial at the next scheduled meeting. A copy of the Department's report shall be forwarded to the subdivider prior to the Planning Commission meeting on the extension. After conducting a public hearing or reviewing the request,the Planning Commission or Zoning Administrator may approve or deny the requested extension. I9941b C. Time Limit of Extensions. The time at which the tentative map expires may be extended for a period of time of up to one year,with a maximum of three one-year extensions of time. The extensions of time shall commence with the expiration date of the approved or conditionally approved tentative map. The approved new date shall not extend more than 5 years beyond the date of initial approval. 3 D. $meal of Extension. The subdivider or any interested person adversely affected may ew appeal any action on an extension in accordance with Chapter 248,except that any such appeal shall be filed within 15 days after the action. Chapter 251 2 11-4 02/24/94 Ordinance No. 3254 251.18 Amendments to Approved or Conditionally Approved Tentative Map Minor amendments to the approved or conditionally approved tentative map or conditions of approval may be approved by the Department upon application by the subdivider provided: A. No units,building sites,or structures are added; B. Changes are consistent with the intent and spirit of the original tentative map approval; C. There are no resulting violations of this Code. The amendment shall be indicated on the approved or conditionally approved tentative map and certified by the Director. Amendments to the tentative map conditions of approval which,in the opinion of the Department, are not minor,shall be presented to the Planning Commission or Zoning Administrator for its approval. Processing shall be in accordance with the provisions for processing a tentative map as set forth in this chapter. Any approved amendment shall not alter the expiration date of the tentative map,but extensions may be granted under the provisions of Section 251.16. 9�ao.z 251.20 Waiver of Parcel Map Requirements y A. The Zoning Administrator may, at his or her discretion,waive the requirements for a parcel map for the following. I. Division of real property or interests therein created by eminent domain procedures,partition,or other civil judgments or decrees. 2. Division of property resulting from conveyance of land or interest therein to or _ from the City,public entity or public utility for a public purpose, such as school sites,public building sites,or rights-of-way or easements for streets,sewers, utilities, drainage, etc. I Division of property which has been merged pursuant to this Title,the Subdivision Map Act or any prior ordinance of the City. 4. A subdivision of four(4)parcels or less wherein each resulting parcel contains a gross area of forty(40)acres or more. 5. A subdivision of four(4)parcels or less only for the purpose of leasing the parcels resulting from such subdivision. 6. A consolidation of four(4)or less contiguous parcels under the same ownership which were created under the provisions of this chapter and when consolidated contain less than five(5)acres, abutting upon a maintained public street or highway and no dedications or improvements are required by this chapter or by the Zoning Administrator. Chapter 251 251-5 02/24/94 i B. The Zoning Administrator,in consultation with the City Engineer,shall make a finding that the proposed division of land complies with requirements as to: (1)area; (2)the City's Standard Engineering Specifications for improvement and design,flood water drainage control, appropriate improved public roads,sanitary disposal facilities,water supply availability,and environmental protection;and(3)other requirements of the Subdivision Map Act and this Code. C. Upon the waiver of the parcel map requirement pursuant to this section,the Department shall file with the County Recorder a certificate of compliance for the land to be divided,and a plat map showing the division: The certificate shall include a certificate by the County Tax Collector in accordance with the Subdivision Map Act. D. A waiver by the Zoning Administrator may be conditioned to provide for payment by the subdivider of park land dedication,drainage,and other fees by a method approved by the Zoning Administrator. 7 J Chapter 251 251-6 02/24/94 Ordinance No. 3254 µme.. ..� ..'i.. m;.^.w i'SY � ' _4�.e' X^ -4 _ 3. �p3•??.'./nA- ��, JC' '_ �'h- .. r? }a.'isauaa_a a•aa�say i x- -,y'�+✓.a } .r_k Sections: 252.02 Application 252.04 Filing and Processing 252.06 Fees 252.08 Expiration 252.10 Rights of a Vesting Tentative Map 252.12 Amendment to Approved Vesting Tentative Map 252.14 Development Inconsistent with Zoning 252.02 Application 999o.i A. Whenever a provision of the Subdivision Map Act,as implemented and supplemented by this Title,requires the filing of a tentative map or tentative parcel map for a development,a vesting tentative map may instead be filed. 9900.3 B. If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute,the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision,permit for construction,or work preparatory to construction. 9900A C. Whenever a vesting tentative map is filed,the applicant shall also file a conditional use permit application as provided in Chapter 241 for concurrent processing. 252.04 Fling and Processing .14 A vesting tentative map shall be filed in the same form and have the same contents,accompanying data and reports,and shall be processed in the same manner as set forth in Chapter 251 for a tentative map except as hereinafter provided: -18 A. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map." B. The design and specifications for all public facilities including but not limited to on and off-site sewer,water,drainage,roads, and other improvements. The subdivider shall submit detailed geological, drainage,flood control,soils,traffic,or other reports deemed necessary by the City Engineer and Director to permit a complete review of the design and improvements for the subdivision. For subdivisions over five parcels,the subdivider shall also submit a fiscal impact report prepared by an independent economic analyst, evaluating the projected impacts the development may have on city services. This report shall also include marketing and cost benefit information for the project. . Chapter 252 252-1 02/24/94 252.06 Fees A. Upon filing a vesting tentative map,the subdivider shall pay all required fees and/or deposits for checking and processing maps,plans and reports. B. The Director may determine the amount of an other fees required by this Title either at the time of final map or parcel map approval or when an application for the building permit is made,provided that park and recreation fees may not be deferred. 19m.9 252.08 Expiration The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period,and shall be subject to the same extensions,established by Section 251.14 of this Title for the expiration of the approval or conditional approval of a tentative map. 252.10 Rights of a Vesting Tentative Map 9M.13 A. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in,substantial compliance with the ordinances, policies,and standards described in Section 66474.2 of the Subdivision Map Act However,if Section 66474.2 is repeated,the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances,policies, and standards in effect at the time of the vesting. 19M.14 B. Notwithstanding Section 252.10(A), a permit,approval,extension,or entitlement may be conditioned or denied if any of the following are determined: 1. A failure to do so would place the residents of the subdivision or the immediate community,or both, in a condition dangerous to their health or safety, or both. 2. The condition or denial is required,in order to comply with state or federal law. C. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 252.08. If the final map is approved,these rights shall last for the following periods of time: I An initial time period of one year beyond the recording of the final map or parcel map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map,this one-year initial time period shall begin for each phase when the final map for that phase is recorded. All of said final maps or parcel maps must be recorded within the time period set forth in Section 252.10 or the vesting tentative map approval shall expire for those lots for which final maps or parcel maps are not timely recorded. Chapter 252 252-2 02/25194 Ordinance No.19MAb 2. The one-year initial time period set forth in Section 252.10(C)(1)shall be automatically extended by any time used for processing a complete application for a grading permit or for any required design or architectural review,if such processing exceeds 30 days from the date a complete application is filed. o.g 3. A subdivider may apply to the Planning Commission,in the case of final maps,or to the Zoning Administ-ator,in the case of parcel maps,for a one- year extension at any time before the initial time period set forth in(C)(1) expires. If the extension is denied,the subdivider may appeal that denial to the City Council within 15 days in accord with Section 252.12. a.ys 4. If the subdivider submits a complete application for a building permit during the periods of time specified in Sections 252.10(C)(1)-(3),the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. 252.12 Amendment to Approved Vesting Tentative Map Amendments to the approved or conditionally approved vesting tentative map shall be made in accord with Section 251.16. 252.14 Development Inconsistent with Zoning F;o.z A. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with Titles 20-24(Zoning)of this Code,that inconsistency shall be noted on the map. The City may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee,obtaining the necessary change in zoning to eliminate the inconsistency. If the change in zoning is obtained,the approved or conditionally approved vesting tentative map shall, notwithstanding Section 252.10, confer a vested right to proceed with the development in substantial compliance with the change in zoning, as approved. B. The rights conferred by this section shall be for the time periods set forth in Section 252.10. Chapter 252 252-3 02124/94 INTENTIONALLY LEFT LANK. Ordinance No. 3254 Sections: 253.02 General 253.04 Phasing 253.06 Survey Required 253.08 Form 253.10 Contents 253.12 Preliminary Submittal for City Approval 253.14 Review by City Engineer 25316 Approval by City Engineer 253.18 Final Map Approval by City Council 253.20 Limitation on Denial by City Council 253.22 Filing with the County Recorder 253.24 Requirements for Correction and Amendment of Maps new 253.02 General The form, contents,accompanying data,and filing of a final map or a parcel map shall conform to the provisions of the Subdivision Map Act and this chapter. The final map or parcel map shall be prepared by or under the direction of a California-registered civil engineer or California-licensed land surveyor. new 253.04 PLasing Multiple final maps or parcel maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if(a)the subdivider,at the time the tentative map is filed,notifies the Director in writing of the subdivider's intention to file multiple final maps on the tentative map;or(b)after filing of the tentative map,the Director and the subdivider concur in the filing of multiple final maps. In submitting such a request,the subdivider shall not be required to define the number or configuration of the proposed multiple maps_ The filing of a final map or parcel map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final map which constitutes a part,or unit,of the approved or conditionally approved tentative map shall have a separate subdivision number. n 253.06 Survey Required An accurate and complete survey of the land to be subdivided shall be made by a California- registered civil engineer or licensed land surveyor. All monuments,property Imes,centerlines of Chapter 253 253-1 0=4194 streets,alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed 1:10,000. At the time of making the survey for the final map or parcel map,the engineer or surveyor shall set sufficient durable monuments, conforming with the standards of the Business and Professions Code, so that another engineer or surveyor may readily retrace the survey. At least one exterior boundary line shall be monumented prior to recording the final map or parcel map. Other monuments shall be set as required by the City Engineer. n 253.08 Form The form of the final map or parcel map shall conform to the Subdivision Map Act, and be approved by the City Engineer. The final map or parcel map shall be legibly drawn,printed,or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgments may be legibly stamped or printed upon the map with black opaque ink. If ink is used on polyester base film,,the ink surface shall be coated with a suitable substance to assure permanent legibility. The size of each sheet shall be 18 inches by 26 inches. A marginal lime shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be not less than 1"=100' or as maybe necessary to show all details clearly,and enough sheets shall be used to accomplish this end. 253.10 Contents } The contents of the final map or parcel map shall conform to the Subdivision Map Act and as follows: aGw A. Bmwdda. The boundary of the subdivision shall be designated by a heavy black line, three times heavier than the next heaviest line on the neap other than the margin, in such a manner as not to obliterate figures or other data - n B Tide. Each sheet shall have a title showing the subdivision number and name and the location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States Survey. The following words shall appear in the title, "City of Huntington Beach, County of Orange,California." Ae C. Certificates and AcWowledzients. All certificates and acknowledgments shall be made as required by the Subdivision Map Act(Sections 66433 et seq.)and shall appear only once on the cover sheet. „ D. Scale.North Point and Basis of Be 'nos. There must appearr on each map sheet the scale,the north point and the basis of bearings based on the California Coordinate System(NAD83), 1990 adjustment or current adjustment as directed by the City Engineer as established by the use of existing monuments, global positioning system (GPS)or by astronomic observation. n E. Linear. Angular and Radial Data Sufficient linear, angular and radial data shall be shown to determine the bearings and lengths of monument lines,street centerlines,the boundary lines of the subdivision,the boundary lines on every lot and parcel which is a part of the subdivision, and ties to existing monuments used to establish the boundary. Chapter 253 253-2 02/24/94 Ordinance No. 3254 Arc length,radius and total central angle and radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map. 99s87 F. MenunicM. The location and description of all existing and proposed monuments shall be shown. Standard City monuments shall be set at,or on City Engineer approved offsets,the following locations: I. The intersection of street centerlines; 2. Beginning and end of curves or intersection of tangents on centerlines; 3. Tract boundaries other than unit lines;and 4. At other locations as may be required by the City Engineer. new G. 1?arcel Numbers. Parcel numbers shall begin with the number one in each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands,under the same ownership,are being subdivided in successive units, in which event parcel numbers may begin with the next consecutive number following the last number in the preceding unit. Each parcel shall be shown entirely on one sheet of the final map or parcel map,unless approved by the City Engineer. new H. Adjoining Pro 'es. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number,or name when not identified by official number, and reference to the book and page of the filed map showing such subdivision. If no subdivision is adjacent,then the adjacent property shall be identified by the name of the owner and reference to the recorded deed by book and page number for the last record owner. I. City B�„ oundaries. City boundaries which cross or join the subdivision shall be clearly designated. - new J. Street Names. The names of all streets,alleys,or highways within or adjoining the subdivision skull be shown. nrs K. Easements gnd Dedications. Easements and dedications for roads or streets,paths, water mains,storm water drainage, sanitary sewers or other public use as may be required,shall be dedicated to the public for acceptance by the City or other public agency, and the use shall be specified on the map. If at the time the final reap or parcel map is approved,any streets,paths,alleys or storm drainage easements are not accepted by the City Council,the offer of dedication shall remain open and the City Council may,by resolution at any later date,accept and open the streets,paths,alleys or storm drainage easements for public use,which acceptance shall be recorded in the office of the County Recorder. The City may accept any dedications lying outside the subdivision boundary which require a separate grant deed The acceptance shall be recorded in the office of the County Recorder. All easements of record shall be shown on the map,together with the name of the grantee and sufficient recording data to identify the conveyance,e.g., recorder's serial number and date,or book and page of official records. Easements not disclosed by the records in the office of the County Recorder and found Chapter 253 253-3 02/24/94 by the surveyor or engineer to be existing,shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created. The sidelines of all easements of record shall be shown by dashed lines on the final map or parcel map with the widths,lengths and bearings of record. The width and location of all easements shall be approved by the City Engineer. L. men Space Areas. Open space areas,including greenbelts and open space corridors, may be shown,subject to the approval of the City. Such areas shall be dedicated as open space easements unless otherwise specified m the approval of the tentative map, and the subdivider shall agree to allow such land to be included within an open space mtaintenance.assessment district if proposed by the City. t t 253.12 Preliminary Submittal for City Approval The subdivider shall submit prints of the final map or parcel map to the City Engineer for checking. The City Engineer may waive any of the requirements if the location and nature of the final map or parcel map does not need compliance with this section. The preliminary prints shall be accompanied by the following data,plans, reports,and documents in a form as approved by the City Engineer and,where applicable,the City Attorney and.Director. A. 1improvernem Plans. Improvement plans as required by Section 255.12 of this chapter. B. Soils iteoort. A soils report prepared in accordance with this Title. C. Title Rcpart. A title report not more than six months old,showing the legal owners at the time of submittal of the final map or parcel map- D. In Certificate. A certificate from the County Tax Collector stating that all taxes due have been paid or that a tax bond or other adequate form of security assuring payments of all taxes that are a lien but not yet payable has been filed with the County. E. Deeds for Easements or ltightg-of way. Deeds for off-site easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final map or parcel map. Written evidence acceptable to the City in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility. F. Traverse Closures. Traverse closures for the boundary blocks,parcels, easements, street centerlines and monument lines. G. HydMlggy and HydoWic Calculations. Complete hydrology and hydraulic calculations of all drainage systems. H. Governing Docunxents. For a cooperative apartment project,condominium,stock cooperative,or conversion,the proposed Declaration of Covenants,Conditions and Restrictions containing the provisions described in Section 1353 of the Civil Code,and all other governing documents for the subdivision, as are appropriate pursuant to Section 1363 of the Civil Code;for all other subdivisions any Declaration of Covenants, Conditions and Restrictions proposed in connection therewith. All Chapter 253 253-4 02/24/94 Ordinance No. 3254 governing documents shall be subject to review and approval by the Director and City Attorney. I. Guarantee of Title. A guarantee of title,in form acceptable to the City Engineer and City Attorney, shall be issued by a competent title company to and for the benefit and protection of the City and shall be continued complete up to the instant of recording of the final map or parcel neap,guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, and all.public easements being offered for dedication,and all acknowledgments thereto,appear on the proper certificates and are correctly shown on the map, both as to consents as to the making thereof and affidavits of dedication where necessary. J. lmprovernent_ eernent. In the event drainage structures,grading,paving,or other required improvements have not been completed prior to the presentation of the final map or parcel map,an agreement in accordance with the requirements of Section 255.14 shall be filed for the improvement thereof. The subdivider shall secure the performance of the agreement in accordance with the requirements of Section 255.16. K. Liabili , Agma=I t and b-uram. 1. A hold-harmless agreement acceptable to the City Engineer and City Attorney obligating the subdivider to hold the City and its officers,agents and employees harmless from any liability for damages or claims for damages for personal injury or death which arise from the operations of the subdivider and/or the subdivider's subcontractors in connection with the subdivision. 2. A certificate of insurance or contractual liability endorsement acceptable to the City Attorney naming the City as additional insured and reporting to the City the amount of in_suranCe the subdivider carries for the subdivider's own liability for damages or claims for damages for personal injury or death which arise from the operations of the subdivider or his subcontractors in connection with the _ subdivision. 3. The City Attorney,in consultation with the City Administrator or his designee, may waive the requirement for a certificate of insurance or contractual liability endorsement if evidence satisfactory to the City Attorney is submitted indicating the subdivider's inability to obtain such a certificate or endorsement naming the City as an additional insured. 4. A=als. The subdivider or any interested person adversely affected by the City Attorney's or other City Officer's action under Section 253.12 may file an appeal in writing to the City Council in accord with Chapter 248. L. Other Informati . Any additional data,reports,or information as required by the City Engineer,City Attorney or Director. n 253.14 Review by City Engineer The City Engineer shall review the final map or parcel map. The subdivider shall make corrections and/or additions until the neap is acceptable to the City Engineer. Chapter 253 253-5 02/24/94 253.16 Approval by City Engineer The subdivider shall submit to the City Engineer the original tracing of the final or parcel map, corrected to its final form and signed by all parties required to execute the certificates on the map. Original signatures shall appear on the original drawing and on any duplicates. Upon receipt of all required certificates and submittals,the City Engineer shall sign the appropriate certificates and transmit the original final map to the City Clerk. The City Engineer shall approve the parcel map if it complies with the requirements of the Subdivision Map Act,this chapter,the tentative map and all conditions thereof and transmit the parcel map to the City Clerk. Q 253.18 Final Map Approval by City Council The final map approved by the City Engineer as complying with the approved or conditionally approved tentative map shall be filed with the City Council for approval after all required certificates have been signed The date the map shall be deemed filed with the City'Council is the date on which the City Clerk receives the map. The City Council shall consider approval of the subdivision improvement agreement and improvement security before approving the final map. If the subdivision improvement agreement and final map are approved by the City Council,it shall instruct the Mayor to execute the agreement on behalf of the City. If the subdivision improvement agreement and/or final map is unacceptable,the City Council shall make its recommended corrections,instruct the City Engineer to draft a new agreement and/or revise the final map and defer approval until an acceptable agreement and/or final map has been resubnutted. The City Council shall not postpone or refuse approval of a final neap because the subdivider has failed to meet a tentative map condition requiring construction or installation of off-site improvements on land which neither the subdivider nor the City has sufficient title or interest to permit the improvements to be made. In this case,the City shall follow the procedure according to Section 255.04. li 253.20 Limitation on Denial by City Council The City Council shall not deny approval of the final map if the City has previously approved a tentative map for the proposed subdivision and if the City Council finds that the final map is in compliance with the requirements of the General Plan,any applicable adopted specific plans,Titles 20-24 (Zoning),the Subdivision Map Act,this chapter,the tentative map and all conditions thereof, and all other applicable provisions of this Code. 253.22 Filing with the County Recorder Upon approval of the final map by the City Council,the City Clerk shall execute the appropriate certificate on the certificate sheet and shall, subject to the provisions of Section 66464 of the Subdivision Map Act,transmit the map, or have an authorized agent transmit the map,to the County Recorder. Upon receipt of the parcel map approved the City Engineer,the City Clerk shall transmit the map,or have an authorized agent transmit the map,to the County Recorder subject to the provisions of Section 66464 of the Subdivision Map Act. Chapter 253 253-6 02/24/94 Ordinance No. 3254 253.24 Requirements for Correction and Amendment of Maps A. After a final or parcel map is filed in the office of the County Recorder, it may be amended by a certificate of correction or an amending map: 1. To correct an error in any course or distance shown thereon; 2. To show any course or distance that was omitted therefrom; 3. To correct an error in the description of the.real property shown on the map; 4. To indicate monuments set after the death,disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; 5. To show the proper location of any monument that has been changed in Iocation, or character,or originally was shown at the wrong location or incorrectly as to its character; 6. To correct any other type of map error or omission as approved by the City Engineer,which does not affect any property right. Errors and omissions may include,but are not limited to,parcel numbers,acreage, street names and identification of adjacent record maps. Error does not-include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map; 7. To make modifications when there are changes that make any or all of the conditions of the map no longer appropriate or necessary and that the modifications do not impose any additional burden on the present fee owner of the property,and if the modifications do not alter any right,title or interest in the real property reflected on the recorded map. The modification shall be sex for public hearing by the Planning Commission or the Zoning Administrator in accord with Section 250.12. The Planning Commission or Zoning Administrator shall confine the'hearing to consideration of,and action on,the proposed modification. B. Form and Contents. The amending map or certificate of correction shall be prepared by a registered civil engineer or licensed land surveyor. The form and contents of the amending map shall conform to the requirements of this Title. The certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction. C. A=Iication Requirements. Any request for a lot line adjustment shall be accompanied by a map showing existing boundaries and the proposed change,consent of any party of entity holding beneficial interest in the property,and such other information as may be required by the Director. D. $nbmiM and Ap=xW 12y City Engineer The amending map or certificate of correction, complete as to final form,shall be submitted to the City Engineer for review and approval. The City Engineer shall examine the amending map or certificate of correction and if the only changes made are those set forth in this section,this fact shall Chapter 253 253-7 02/24/94 be certified by the City Engineer on the amending map or certificate of correction. E. Filing with the County ecorder. The amending map or certificate of correction certified by the City Engineer shall be filed in the office of the County Recorder in which the original map was filed. Chapter 253 253-8 02/24/94 Ordinance No. 3254 aGM�•i..'�.W��. Sections: 254.02 Dedication of Streets,Alleys,and Other Public Rights-of Way or Easements 254.04 Waiver of Direct Access Rights 254.06 Dedications 254.08 Parkland Dedication 254.10 School Site Dedication 254.12 Reservations 254.14 Local Transit Facilities 254.16 Bridges and Major Thoroughfares 254.18 Supplemental improvement Capacity 254.20 Drainage Fees 254.22 Solar Access Easements 254.24 Other Public Facilities 254.02 Dedication of Streets,Alleys and Other Public bights-of-Way or Easements As a condition of approval of a tentative map,the subdivider shall dedicate,or make an irrevocable offer to dedicate,all parcels of land within the subdivision thatt are needed for required improvements,including access rights and,abutters'rights. In addition,the subdivider shall construct or agree to construct all required improvements in accord with Chapter 255. o.i 254.04 Waiver of Direct Access Rights The City may require as a condition of approval of a tentative map that dedications or offers of dedication of streets include a waiver of direct access rights to any such street from any property within or abutting the subdivision. Upon acceptance of the dedication, such waiver shall be reflected in an appropriate title document,which shall be recorded,and shall become effective in accordance with its provisions. f`J 254.06 Dedications 1 All dedications of property to the City for public purposes shall be made in fee title,except that, at the City's discretion,the grant of an easement may be taken for the following purposes:open space easements, scenic easements, street easements or public utility easements. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those which the City, in its discretion,determines would not conflict with the intended ownership and use. The City may elect to accept an irrevocable offer of dedication in lieu of dedication. Chapter 254 254-I 02/25/94 254.08 Parkland Dedication 9961.1 A. CE=aaj. This section is enacted pursuant to the authority granted by the Subdivision Map Act and the general police power of the City and is for the purpose of providing such additional park and recreational facilities and open space as is appropriate pursuant to the General Plan of the City. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the policies,principles and standards for park and recreational facilities contained in the General Plan. "61.2 B. RWui ments. As a condition of approval of a tentative map,the subdivider shall dedicate land,pay a fee in lieu thereof,or both,at the option of the City, for park or recreational purposes at the time and according to the standards and formals contained in this chapter. The land dedicated or the fees paid, or both,shall be used for community and neighborhood parks and facilities in such a manner that the locations of such parks and facilities bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision generating such dedication or fees, or both. Dedications for trails shall not be included as part of any requirements for park or recreational dedication. now Lands to be dedicated or reserved for park and/or recreational purposes shall be suitable in the opinion of the Director and the Director of Community Services in location,topography,environmental characteristics and development potential as related to the intended use. The primary intent of this chapter shall be construed to provide the land for functional recreation units of local or neighborhood service, including but not limited to:tot lots,play lots,playgrounds,neighborhood parks, playfields,community or district parks,lakes,picnic areas;tree groves or urban forests, and other specialized recreational facilities that may serve the family group and also senior citizen activities. Principal consideration shall be given therefore to lands that - offer: 1. A variety of recreational potential for all age groups; Y 2. Recreational opportunities within walking distance from residents'homes; 3. Possibility for expansion or connection with school grounds; 4. Integration with hiking,riding and bicycle trails,natural stream reserves and other open space; 5. Coordination with all other park systems; 6. Access to at least one existing or proposed public street. 9%1.3 C. 90-Crai Standard. It is hereby found and determined that the public interest, convenience,health, safety and welfare require that five acres of property for each 1,000 persons residing within the City be devoted to local park and recreational purposes. Chapter 254 254-2 02f25/94 Ordinance No. 3254 9961.4 D. StandardA and�'ormW a for De i 'on g f Land. Where a park or recreational facility has been designated in the General Plan and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the present and future needs of the residents of the subdivision,the subdivider shall dedicate land for park and recreation facilities sufficient in size and topography to meet that purpose. The amount of land to be provided shall be determined pursuant to the following standards and formula: A=5.0(D.F x Nn._D.j 1000 1. Definitions of terms: a. A the area in acres required to be dedicated as a park site or to be appraised for fee payment for the subdivision. b. D.F. -density factor obtained from Section 254.08(E)as applicable to proposed subdivision. C. 5.0-number of acres per one thousand persons. d. No.D.U.-number of dwelling units proposed in the subdivision. 2. When a proposed subdivision contains dwelling units with different density factors,the formula shall be used for each such density factor and the results shall be totalled. 9961.5 E. Density. The amount of land dedicated or fees paid shall be based upon residential density, which is determined on the basis of the approved tentative map and the average number _ of persons per household. The average number of persons per household by unit in a structure shall be obtained from the most recent available federal census or state or City population and housing data. The number of dwelling units in a subdivision shall be the number proposed for construction. When the actual number of units to be constructed is unknown,it shall be assumed for the purposes of this chapter that the maximum number permissible by law will be constructed. The number of bedrooms in each unit of a proposed subdivision shall be determined from the building plans filed,and shall include as bedrooms all rooms,however labeled on the plans,other than living rooms,dining rooms,kitchens,and bathrooms,which are suitable for use as or are suitable for conversion to bedrooms. The number of bedrooms attributable to a unit shall include not only those areas so labeled on the plans,but may include as well any area in a dwelling unit which,because of its size, location,facilities,or relationship to other areas of the dwelling unit, is deemed divisible so as to create one or more additional bedrooms. Chapter 254 254-3 02/25/94 F. E=Wa for Fees in Lieu-of Land D-cdi 9%1.14 L General Formula. If there is no park or recreational facility designated in the General Plan to be located in whole or in part within the proposed Subdivision to serve the immediate and future needs of the residents of the subdivision,the subdivider" shall,at the Citys discretion,either dedicate land in the amount provided in Section 254.08(D)or pay a fee in lieu of dedicatioin equal to the value of the land prescribed for dedication in Section 254.08(D)and in an amount determined in accord with the provisions of Section 254.08(H). 19961.6a 2. Fees in Lieu of Land-50 Parse s or Less If the proposed subdivision contains 50 parcels or less and has no park or recreational facility,the subdivider shall pay a fee equal to the land value of the portion of the park or recreational facilities required to serve the needs of the residents of the proposed subdivision as prescribed in Section 254.08(D)and in an amount determined in accordance with the provisions of Section 254.08(H). 19%1.6b 3. Use of Money. The money collected shall be used,in accordance with the schedule developed pursuant to Section 254.08(K),for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities reasonably related to serving the subdivision,including the purchase of necessary land and/or improvement of such land for park or recreational purposes. The money shall be committed to the partial or full completion of necessary purchases or improvements within five years after payment thereof'or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the money is not committed,it shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of each lot bears to the total area of all lots in the subdivision. 4461.7 G. Cdt_fzja for-&qMjhn_z Bgt Dedication, Md Fee If the proposed subdivision contains more than 50 lots,the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following: "61.7a I When only a portion of the land to be subdivided is proposed in the General Plan as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 254.08(H)shall be paid for any additional land that would have been required to be dedicated pursuant to Section 254.08(D). 19%1.7b 2. When a major part of the local park or recreational site has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site,such portion shall be dedicated, and a fee, computed according to Section 254.08(M shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated according to Section 254.08(D). 3. The fee shall be used for the improvement of the existing park or recreational facility or for the improvement of other neighborhood or community parks and recreational facilities reasonably related to serving the subdivision. Chapter 254 254-4 02M/94 Ordinance No. 3254 H. Amount of Fee;in Lieu Qf Pam,La**d fledjc-ation. Where a fee is required to be pai m lieu of park land dedication,such fee shall be equal to an amount for each acre which would otherwise have been required to be dedicated by Section 254.08D,whic amount is the average fair market value per acre of land in all RL zoned neighbohhods public parks within the City if such land were not used for or zoned for park or recreational purposes. Fair market value of the land in such neighborhood park properties in the City shall bf determined every two years by a qualified real estate appraiser. Such appraisal shall exclude improvement t.tu L Determination Qf Land or Fee. Whether the City accepts land dedication,or elects i require the payment of a fee in lieu of,or a combination of both, shall be determines by consideration of the following: 1. Policies,standards and principles for park and recreation facilities in the General Plan; 2. Topography,geology,access and location of land in the subdivision available foi dedication; 3. Size and shape of the subdivision and land available for dedication; 4. Feasibility of dedication; S. Compatibility of dedication with the General Plan; 6. Availability of previously acquired park property. The determination by the City as to whether land shall be dedicated,or whether a fee shall be charged,or a combination of both,shall be final and conclusive. J. Credit for Impmvments and Private Onen_. She. If the subdivider provides park and recreational improvements to the'dedicated land,the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land requires)by this section. Planned developments,real estate developments,stock cooperatives,and condominiums shall receive partial credit,not to exceed 50 percent,against the amount of land required to be dedicated,or the amount of the fee imposed, pursuant to this section,for the value of private open space within the development,which is usable for active recreational uses,if the City Council,on the recommendation of the Parks and Recreation Commission,finds that it is in the public interest to do so,and that the following standards are met. 1. That yards,court areas,setbacks and other open areas required by"Titles 20-24 (Zoning)shall not be included in the computation of the private open space; 2. That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement,conveyance,or restrictions; Chapter 254 254-5 02/25/94 3. That the use of the private open space is restricted to park and recreational purposes by recorded covenant,which runs with the land in favor of the future owners of property,and which cannot be defeated or eliminated without the consent of the City or its successor; 4. That the proposed private open space is reasonably adaptable for use for park and recreational purposes,taking into consideration such factors as size, shape, topography,geology,access,and location; and 5. That facilities proposed for the open space are in substantial accord with the provisions of the General Plan. K. rid �3 1. At the time of the recording of the final map or parcel map,the subdivider shall dedicate the land and/or pay the fees as determined by the City. At the discretion of the City Council,fees may be paid prior to issuance of any building permit for any structure in the subdivision. 9%1.13 2. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final map or parcel map and,if approved,shall be recorded concurrently with the final map or parcel map. L. Schedule of Use. At the time of the approval of the final map or parcel map,the City shall make a preliminary determination of how,when, and where it will use the land or fees,or both,to develop or rehabilitate park or recreational facilities to serve the residents of the subdivision. Final scheduling of improvements to these new or rehabilitated parks or recreational facilities shall be made as part of the City's capital improvement program. -;5 M. Niot Apphcable to Certain Subdivisions. The provisions of this section do not apply _ to: (1) commercial or industrial subdivisions;or(2)to condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added. 254.10 School Site Dedication 9%2 A. General. As a condition of approval of a tentative map,a subdivider who develops or completes the development of one or more subdivisions within one or more school districts maintaining an elementary school shall dedicate to the school district or districts such lands as the City Council shall deem to be necessary for the purpose of constructing thereon elementary schools necessary to assure the residents of the subdivision adequate public school service. "62.1 B. Pr dure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within 30 days after the requirement of dedication is imposed by the City Council the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication,the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with,or up to 60 days after the filing of the final map or parcel map on any portion of the subdivision. Chapter 254 254-6 02/25/94 Ordinance No. 3254 i C. Payments to Subdivider or School Site Dedication. The school district shall,if it accepts the dedication,repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land,plus a sum equal to the total of the following amounts: 1. The cost of any improvements to the dedicated land since acquisition by the subdivider, 2. The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication; 3. Any other costs incurred by the subdivider in maintenance of such dedicated land,including interest costs incurred on any loan covering such land. 0 D. Exemptions. The provisions of subsections(A),(B),and(C)shall not apply to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative map. 254.12 Reservations A. General. As a condition of approval of a tentative map,the subdivider shall reserve sites,appropriate in area and location,for parks,recreational facilities,fire stations, libraries or other public uses according to the standards and formula contained in this section. s.i B. Standards for Reservation of Land. Where a park,recreational facility, fire station, library,or other public use is shown on the General Plan or an adopted specific plan, the subdivider may be required by the City to reserve sites as so determined by the City in accordance with the policies and.standards contained in the General Plan or the - adopted specific plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically infeasible. The reserved area shall be consistent with the General PIan or the adopted specific plan and shall be in such multiples of streets and lots as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. C. Pro The public agency for whose benefit an area has been reserved shall,at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements unless the period of time is extended by mutual agreement. ss�33 D. Payment to Subdivider. The purchase price for the reserved area shall be the market value thereof at the time of the filing of the tentative map plus the taxes against the reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area,including interest costs incurred on any loan covering the reserved area. Chapter 254 254-7 02/25/94 3.4 E. Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement in accordance with this section,the reservation of the area shall automatically terminate. 254.14 Local Transit Facilities As a condition of approval of a tentative map,the subdivider shall dedicate, or make an irrevocable offer of dedication, of land within the subdivision for local transit facilities such as shelters, benches, bus turnouts,park-and-ride facilities and similar items which directly benefit the residents of the subdivision,if (a)the subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown on the General Plan or contains 100 acres or more; and(b) if the City finds that transit services are or will be,within a reasonable time period,made available to the subdivision. 254.16 Bridges and Major Thoroughfares 1 The subdivider shall be required to pay a fee for the impacts of their proposed development on the city transportation system in accordance with Chapter 17.65 of the Huntington Beach Municipal Code. 254.18 Supplemental improvement Capacity A. As a condition of approval of a tentative map,the City may impose a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size,capacity,number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public. However,when such supplemental size,capacity,number or length is solely for the benefit of property not within the subdivision,the City shall, subject to the provisions _ of the Subdivision Map Act,enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements. B. The City Council shall determine the method for payment of the costs required by a reimbursement agreement which may include but is not limited to the establishment and maintenance of local benefit districts for the levy and collection of such charge or costs from the property benefited. C. No charge,area of benefit or local benefit district shall be established unless and until a public hearing is held thereon by the City Council and the City Council finds that the charge,area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof •2 D. In addition to the notice required by Chapter 248,written notice of the hearing shall be mailed to those who own property within the proposed area of benefit as shown on the last equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time(10 days prior to the date established for the hearing). CnVter 254 254-8 02/25194 Ordinance No. 3254 254.20 Drainage Fees The subdivider shall be required to pay a fee for the development of drainage facilities in accordance with Chapter 14.48 of the Huntington Beach Municipal Code. 254.22 Solar Access Easements As a condition of approval of a tentative neap,the City may impose a requirement that the subdivider dedicate easements for the purpose of assuring that each parcel or unit in the subdivision shall have the right to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system. In establishing such easements,the City shall consider the feasibility,contour, configuration of the parcel to be divided,and cost. Required easements shall not result in reducing allowable densities or the percentage of a parcel which may be occupied by a building or a structure under applicable planning and zoning provisions in force at the time such tentative map is filed. At the time of tentative map approval,the Zoning Administrator or the Planning Commission,as may be the case,shall specify: (1)the standards for determining the exact dimensions and locations of such easements; (2)any restrictions on vegetation,buildings an other objects that would obstruct the passage of sunlight through the easement;and(3) conditions,if any,-under which an easement may be revised or eliminated. This section is not applicable to conversion projects. P71 254.24 Other Public Facilities As a condition of approval of a tentative map,the subdivider shall be required to dedicate land,pay fees,or both,for fire stations,library sites,child day care,public art or any other public facilities - pursuant to, and in order to implement,the provisions of the General Plan regarding such facilities. Chapter 254 254-9 02125/94 INTENTIONALLY LEFTS LAN f ?t Ordinance No. 3254 a nv +t.�MEIER, ...a,.».n,..u-,u..,�,• .a 3. -.-.'.3� :z ,,.na' "'-`�S v. Sections: 255.02 General 255.04 Improvements Required 255.06 Deferred Improvement Agreements 255.08 Design 255.10 Access 255.12 Improvement Plans 255.14 Improvement Agreement 255.16 Improvement Security 25518 Construction and.inspection 255.20 Completion of Improvements 255.22 Acceptance of Improvements 255.02 General ne- The subdivider shall construct all required improvements both on-and off-site,in accordance with standard engineering specifications and other approved standards as provided by this chapter. No final map shall be presented to the City Council or parcel map to the City Engineer for approval until the subdivider either completes the required improvements,or enters into an agreement with the City agreeing to do the work. 255.04 Improvements Required A_ Cmeral. All improvements as may be required as conditions of approval of the tentative map or by City ordinance or resolution,together with,but not limited to,the required improvements set forth below shall be required of all subdivisions. Requirements for construction of on-site and off-site improvements for subdivisions by Parcel Map shall be noted on the parcel map,waiver of parcel map,or the subdivision improvement agreement recorded prior to or concurrent with the parcel map. ri B. Frontage Improvements. The frontage of each parcel shall be improved to its ultimate adopted geometric section,including street structural section,curbs,sidewalks, driveway approaches and transitions. p C. S=nn . Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ultimate development of the watershed. The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in runoff attributed to the development. Off-site storm drain improvements may be required to satisfy this requirement. Chapter 255 255-1 02125/94 D. Sanitary Sewers. Each unit or parcel within the subdivision shall be served by an approved sanitary sewer system. E. Waxed S�nlv. Each unit or parcel within the subdivision shall be served by an approved domestic water system. F. LWlities. Each unit or parcel within the subdivision shall be served by gas(if required),electric,telephone and cablevision facilities. ne G. Underground Utilities. 1. All proposed utilities within the subdivision and along frontage streets shall be placed underground consistent with Chapter 17.64 of the Huntington Beach Municipal Code. Existing utilities within the subdivision shall be placed underground unless specifically exempted by Public Utilities Commission regulations. 2. The developer may request that the Planning Commission,or the Zoning Administrator,as the case may be,waive the requirement to underground existing or proposed utilities along frontage streets. The Planning Commission or Zoning Administrator,may,at its discretion,require a fee in lieu of the undergrounding. If the undergrounding requirement along frontage streets is waived,the City Engineer may require the developer to install a service panel or other acceptable facility to facilitate conversion to underground utilities at a future date. The amount of fee shall be determined by the City Engineer and shall be based upon the reasonable estimated cost of that portion of a future undergrounding project attributable to the subdivision. The requirement for undergrounding or - payment of an is lieu fee and shall be a condition of approval of the tentative map. 3. Requirements to place existing and proposed utilities underground throughout the subdivision may be waived or modified by the Planning Commission or Zoning Administrator,as the case may be,only upon finding: . a. The subdivision is within an area where existing utilities have not been placed underground;and b. Physical constraints make undergrounding of existing and proposed utilities impractical;and C. Overhead utilities will have no significant visual impact. 4. If the undergrounding requirement is waived as allowed in subsection 255.04(G)(3)above,an in-lieu fee as established by the City Engineer shall be made a condition of approval of the tentative map. 5. in-lieu fees shall be deposited in a special account to be used as approved by the City Council for future undergrounding of utilities throughout the City. Chapter 255 255-2 02/25/94 Ordinance No. 3254 H. Other [m=vements. Other improvements such as street lights,fire hydrants,signs, street trees and shrubs,and monuments,or fees in lieu of any of the foregoing,shah also be required as determined by the City Engineer in accord with this Code and City standards and specifications. I_ Qff-Site,1mpmyy== If the subdivider is required to construct off-site improvements on land in which neither the subdivider nor the City has sufficient title or interest to allow construction,the City shall,within 120 days of recording the final map,begin the process of acquiring by negotiation or condemning the land. If the City fails to begin this process within 120 days,the condition for the construction shall be waived. Prior to approval of the final map,the City may require the subdivider to enter into an agreement to complete the off-site improvements at the time the City acquires title or an interest in the land. The subdivider shall pay the cost of acquiring off-site land or an interest in the land required to construct the off-site improvements. 255.06 Deferred Improvement Agreements n A. Subdivisim of Four or Fewgr Parcels. The frontage improvements along existing peripheral streets may be deferred when deemed necessary by the City Engineer. When improvements are deferred,the subdivider and/or owner of the real property j shall enter into an agreement with the City in form acceptable to the City Engineer and City Attorney,for the installation of all frontage improvements at a time in the future as specified by the City. The agreement shall provide: l. Construction of improvements shall commence within 90 days of the receipt of the notice to proceed from the City; 2. That in the event of a default by the subdivider and/or owner,operator,the City is authorized to cause construction to be done and charge the entire cost and expense to the subdivider and/or owner, including interest from the date of notice of said cost and expense until paid, 3. That the agreement shall be recorded with the County Recorder at the expense of the subdivider and/or owner and shall constitute notice to all successors and assigns of title to the real property of the obligations set forth therein. The agreement shall also constitute a lien in such amount necessary to fully reimburse the City,including interest as provided above,subject to foreclosure in the event of a default in payment. 4. That in event of litigation occasioned by any default of the subdivider and/or owner,the subdivider and/or owner agree to pay all costs involved, including reasonable attorneys' fees, and that the same shall become a part of the lien against the real property. Chapter 255 255-3 02/25/94 5. That the terms "subdivider" and 'owner" shall include,respectively,not only the subdivider and the present owner of the real property but also heirs, successors, executors,administrators and assigns thereof,it being the intent of the parties that the obligations undertaken shall run with the real property and constitute a lien against it. The agreement shall not relieve the subdivider or owner from any other specific requirements of the Subdivision Map Act,this Code or law. The construction of deferred improvements shall conform to the provisions of this Chapter and all applicable provisions of this Title in effect at the time of construction. new B. Remainders. Where a remainder is made part of a final or parcel map,the subdivider may enter into an agreement with the City to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of the remainder. The improvements shall be at the subdivider's expense. In the absence of such an agreement,the City may require fulfillment of the construction requirements within a reasonable time following approval of the map and prior to the issuance of a permit or other grant of approval for the development of the remainder,upon a finding that fulfillment of the constriction requirements is necessary for reasons of: I. The public health and safety,or, 2. The required constriction is a necessary prerequisite to the orderly development of the surrounding area. 255.08 Design " A. GenuW. The design and layout of all required improvements,both on-and off-site, private and public,shall conform to generally accepted engineering standards, standard engineering specifications,the Subdivision Map Act and applicable provisions of this Code. n B. Energy Conservation. The design of a subdivision for which a tentative map is required excluding conversions,shall provide to the extent feasible,for future passive or natural heating or cooling opportunities in the subdivision. For the purpose of this subsection, "feasible"means capable of being accomplished in a successful manner within a reasonable period of time;taking into account economic, environmental,social and technological factors. Compliance with this provision shall not result in reducing allowable densities,or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed. new C. Cable Television Service. A subdivider for a residential project, excluding conversions, is required to provide one or more franchised or licensed operators serving the area an opportunity to construct,install and maintain,on land dedicated or to be dedicated to public utility use, any equipment necessary to extend cable television services to each residential lot in the subdivision. Chapter 255 255-4 02/25/94 Ordinance No. 3254 n D. ''Water Cmempm. All applicable requirements of the Regional Water Conservation Plan adopted by the City shall be incorporated into the design of a subdivision for which a tentative map is required,excluding subdivisions. ate, 255.10 Access All parcels created shall have access to a public street improved to.City standards. Private streets shall not normally be permitted. However,if the Planning Commission or Zoning Administrator determines that the most logical development of the land requires that parcels be created with access to private streets,such a development may be approved. The subdivider shall submit a development plan showing the alignment,width,grade, and material specifications of any proposed private street, the topography and means of access to each parcel,and the drainage and sewerage of the parcels served by such private street. Construction of the private street,as approved by the City Engineer, shall be completed prior to the completion of the construction and/or occupancy of the parcels. The subdivider shall be required to provide a feasible method for the maitenance of such private streets. 255.12 Improvement Plans A. ClAneral. Improvement plans shall be prepared under the direction of and signed by a California-registered civil engineer;and shall conform to the standard engineering specifications of the City. Improvement plans shall include,but not be limited to, grading,storm drains,landscaping,streets and related facilities. i B. SjMW memary Plans and Calogatons. Hydrology,hydraulic plans and calculations, AEW bond or other security estimates and any structural,calculations,as may be required, shall be submitted with the improvement plans to the City Engineer. All calculations shall be legible,systematic and signed and dated by a California registered civil engineer in a form approved by the City Engineer. C. Review�6 the City Engin= The subdivider shall submit the improvement plans and all computations to the City Engineer for review. Within 60 working days of submittal,the City Engineer shall complete this review and return to the subdivider one set of the preliminary improvement plans,with any required revisions indicated. The 60-working-day period shall not include any days during which the improvement plan has been returned to the subdivider for correction,has been subject to review by other than the City Engineer,or following that review,has been returned to the subdivider for correction. D. Approval by the City Eugineer. After completing any required revisions,the subdivider shall transmit the originals of the improvement plans to the City Engineer for signature and retention, Upon finding that any required revisions have been nude and that the plans conform to all applicable City ordinances and plans,design requirements and conditions of approval of the tentative reap,the City Engineer shall sign and date the plans. Approval of the improvement plans shall not be construed as approval of the gas, electric,telephone and cable television service construction plans. Chapter 255 255-5 02/25/94 Approval by the City Engineer shall in no way relieve the subdivider or the subdividees engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design or from any required conditions of approval of the tentative map. E. Revision to Apmved Plans 1. By Subdivider. Requests by the subdivider for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the City Engineer or authorized representative and shall be accompanied by revised drawings showing the proposed revision. If the revision is acceptable to the City Engineer and consistent with the tentative map,the originals shall be revised and returned to the City Engineer`s office for initialing and retention. Construction of any proposed revision will not be permitted to commence until the revised plans have been approved by the City Engineer. 2. By City Engineer. When revisions are deemed necessary by the City Engineer to protect the public health and safety, or as Meld conditions may require,a request in writing shall be made to the subdivider. The subdivider shall revise the plans and transmit the originals to the City Engineer for initialing within the time specified by the City Engineer. Upon receipt of the initialized originals,the subdivider shall immediately transmit revised drawings to the City Engineer. Construction of all or any portion of the improvements may be stopped by the City Engineer until revised drawings have been submitted. The subdivider may appeal revisions required by the City Engineer to the City Council by filing an appeal with the City Clerk within seven working days following receipt of the request to revise the plans. 3. PLan Checking and lnsnection Cotes for Revisions. Costs incurred by the City for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be home by the subdivider in accord with the schedule of fees adopted by the City. A deposit,when required,shall be submitted with the revised plans and applied toward the actual costs. 255.14 Improvement Agreement The improvement agreement shall be prepared and signed by the City Engineer and approved as to forth by the City Attorney. The agreement shall provide for: A. Construction of all improvements,including any required off-site improvements, according to the approved plans and specifications on file with the City Engineer. B. Completion of improvements within the time specified by Section 255.20. C. Warranty by the subdivider that construction will not adversely affect any portion of adjacent properties. Chapter 255 255-6 o2/25/94 Ordinance No. 3254 D. Payment of inspection fees in accordance with the City's resolution. E. Payment of in-lieu fees for undergrounding of utilities on frontage streets. F. Improvement security as required by this chapter. G. Maintenance and repair of any defects or failures and their causes. H. Release and indemnification of the City from all liability incurred in connection with the development and payment of all reasonable attorneys'fees that the City may incur because of any legal action or other proceeding arising from the development. I. Any other deposits,fees or conditions as required by City ordinance or resolution and as may be required by the City Engineer. J. Right of the City to withhold occupancy permits until completion of improvements. K. Any other provisions required by the City as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act and this Code. 255.16 Improvement Security 9970 A. Ste. Any improvement agreement,contract or act required or authorized by the Subdivision Map Act or this Chapter,for which security is required, shall be secured in accord with Section 66499 et seq. of the Subdivision Map Act and as provided below. No final :nap or parcel map shall be signed by the City Engineer or recorded until all improvement securities required by this section have been received and approved a B. Form of Security. The form of security shall be one or a combination of the following _ at the option and subject to the approval of the City: i. Bond or bonds by one or more duly authorized corporate sureties. The form of the bond or bonds shall be in accordance with Sections 66499.1 and 66499.2 of the Subdivision Map Act. 2. A deposit,either with the City or a responsible escrow agent or trust company,at the option of the City,of money or negotiable bonds of the kind approved for securing deposits of public monies. 3. An irrevocable instrument of credit or letter of credit from one or more financial institutions regulated by the state or federal government pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment and will only be released upon receipt of written instructions from the City. 4. Any other form of security,acceptable to the City,as provided in Section 66499 of the.Subdivision Map Act. Chapter 255 255-7 02/25/94 _ 1 9970 C. AmQ=of Sew . A performance bond or other security in the amount of 100 percent of the total estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of 50 percent of the estimated construction cost shall be required to guarantee payment to subdividers contractor,subcontractors,and to persons furnishing labor, materials or equipment for the construction or installation of improvements. As a part of the obligation guaranteed by the security and in addition to the full amount of the 9so� security,there shall be included costs and reasonable expenses and fees, including attorneys'fees,incurred by the City in enforcing g the obligations secured. 99�o The estimate of improvement costs shall be as approved by the City Engineer and shall provide for: 1. Not less than 5 percent nor more than 10 percent of the total construction cost for contingencies. 2. Increase for projected inflation computed to the estimated midpoint of construction. 3. All utility installation costs or a certification acceptable to the City Engineer from the utility company that adequate security has been deposited to ensure installation. D. Cash Bond. The subdivider shall deposit with the City not less than$1,000 cash for subdivisions by parcel map,and$3,000 for other subdivisions,or an additional amount as required by the City Engineer,not to exceed I percent of the total estimated construction cost. The deposit may be used at the discretion of the City to correct deficiencies and conditions caused by the subdivider, contractor or subcontractors that may arise during or after the construction of the subdivision. Any unexpended amount will be returned to the subdivider at the time all bonds and other security are released 9970 E. Warranty Security. Upon acceptance of the subdivision improvements by the City, the subdivider shall provide security in the amount as required by the City Engineer to guarantee the improvements against any defective work or labor done or defective materials used in the performance of the improvements throughout the warranty period which shall be the period of one year following completion and acceptance of the improvements. The amount of the warranty security shall not be less than 10 percent of the cost of the construction of the improvements,including the cash bond which shall be retained for the one-year warranty period. 9973b F. Reduction in Performance_Security. The City Engineer may authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon application by the subdivider,but in no case shall the security be reduced to less than 10 percent of the total improvement security given for faithful performance. The amount of reduction of the security shall be determined by the City Engineer;however, in no event shall the City Engineer authorize a release of the improvement security which would reduce security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by the Subdivision Map Act,this Title or the improvement agreement. Chapter 255 255-8 02/25/94 Ordinance No. 3254 G. Release of impmvement Security. 9973a 1. Performance Security. The perfomance security shall be released only upon acceptance of the improvements by the City and when an approved warranty security has been filed with the City Engineer. 9973c 2. Matzdal and Labor Sea dly Security given to secure payment to the contractor,subcontractors and to persons fiumishing labor,materials or equipment may,six months after the completion and acceptance of the improvements by the City,be reduced to an amount equal to the amount of all claims therefore filed and of which notice has been given to the City Council. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. 9973a 3. Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period,provided: a. All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected. b. Not less than 12 months have elapsed since the acceptance of the improvements by the City. 255.1E Construction and Inspection n The construction methods and materials for all improvements shall conform to the standard engineering specifications and all other standard plans and specifications of the City. Construction shall not commence until all required improvement plans have been approved by the City Engineer. All improvements are subject to inspection by the City Engineer or authorized personnel in accordance with the City's approved specifications. - 255.20 Completion of Improvements n A. Subdivisions hyEinal Maw. The improvements for subdivisions by Final Map shall be completed by the subdivider within 24 months,or a time as approved by the City Engineer,not to exceed 35 months,from the recording of the final map,unless an extension is granted by the City Council. Improvements shall be completed prior to final building inspection or the issuance of an occupancy permit for any unit within the subdivision. Should the subdivider.fail to complete the improvements within the specified time,the City may,by resolution of the City Council and at its option, cause any or all uncompleted improvements to be completed and the parties executing the security or securities shall be firmly bound for the payment of all necessary costs. n B. Subdivisions by Parcel an. The completion of improvements for subdivisions by parcel map shall not be required until application for a permit or other grant of approval for the development of any parcel within the subdivision. The completion of the improvements may be required by a specified date by the City when the completion of the improvements are found to be necessary for public health or safety or for the Chapter 255 255-9 02125/94 orderly development of the surrounding area. This finding shall be made by the City Engineer or authorized representative. The specified date,when required, shall be stated in the subdivision improvement agreement. Improvements shall be completed prior to final building inspection or the issuance of an occupancy permit for any unit within the subdivision. C. Extensions. The completion date may be extended by the City Council,for subdivisions by final map,upon written request by the subdivider and the submittal of adequate evidence to justify the extension. The request shall be made not less than 30 days prior to expiration of the subdivision improvement agreement. The subdivider shall enter into a subdivision improvement agreement extension with the City. For subdivisions by final map,the agreement shall be prepared and signed by the City Engineer,approved as to form by the City Attorney,executed by the subdivider and surety and transmitted to the City Council for its consideration If .approved by the City Council,the Mayor shall execute the agreement on behalf of the City. In consideration of a subdivision improvement agreement extension,the following may be required: 1. Revision of improvement plans to provide for current design and construction standards when required by the City Engineer; 2. Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer; 3. Increase of improvement securities in accordance with revised construction estimates; 4. Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund. The City Council may unpose additional requirements as recommended by the City Engineer or as it may deem necessary as a condition to approving any time extension for the completion of improvements. The costs incurred by the City in processing the agreement shall be paid by the subdivider. 255.22 Acceptance of Improvements A. general. When all improvement deficiencies have been corrected and record drawings of the improvements submitted,the subdivision improvements shall be considered by the City for acceptance. The completed improvements for subdivisions by final map or subdivisions by parcel map shall be considered and,if acceptable, accepted by the City Engineer. Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use. Chapter 255 255-10 02/25/94 Ordinance No. 3254 B. Acceptance. If the subdivision improvements have been accepted by the City and public improvements have been dedicated on the final map or parcel map,the City Clerk shall file an Acceptance of Public Improvements with the County Recorder. C. Acceptance of a Portion of the Improvennents. When requested by the subdivider m' writing,the City may consider acceptance of a portion of the improvements as recommended by the City Engineer. The improvements will be accepted by the City only if it finds that it is in the public interest and such improvements are for the use of the general public. Acceptance of a portion of the improvements shall not relieve the subdivider from any other requirements imposed by this chapter. 5 Chapter 255 255-11 02/25/94 INTENTIONALLY LEFT BLANK F Ordinance No. 3254 1 ,� sF-v,,,.....,.+��:- /►a; �.,s. � �RL17` �T�rJe.7O l n � s� "k✓r "�,.' .*' T "'i., . as, ,ems n i��lnll� $ & sf�K"� �.�3,��„a` r2".T x�"�i^�� '`fix'•-� �"• �_ .. .-a�-�w-,3rrrin. _ Sections: 256.02 General 256.04 Initiation of Proceedings 256.06 Contents of Petition 256.08 Submittal of Petition to the City Engineer 256.10 City Council Action 256.12 Filing with County Recorder Aso 256.02 General Any subdivided property may be reverted to acreage pursuant to the provisions of the Subdivision Map Act and this chapter. Subdivisions also may be merged and resubdivided under the provisions of Chapter 251 without reverting to acreage. - r 256.04 Initiation of Proceedings ; i A. By Owners. Proceedings to revert subdivided property to acreage may be initiated by petition(in a form prescribed by the City Engineer)of all of the owners of record of the property. �s2 B. By City Council_ The City Council,at the request of any person or on its own motion may initiate proceedings to revert property to acreage. The City Council shall direct the City Engineer to obtain the necessary information to initiate and conduct the proceedings. 256.06 Contents of Petition Asa The petition shall contain, but not be limited to,the following: A. Evidence of title to the real property. B. Evidence of the consent of all of the owners of an interest in the property. C. Evidence that none of the improvements required to be made has been made within two years from the date the final or parcel map was filed for record,or within the time allowed by agreement for completion of the improvements,whichever is later. D. Evidence that no lots shown on the final or parcel map have been sold within five years from the date such final or parcel map was filed for record Chapter 256 256-1 02125/94 E. A final or parcel map,delineating dedications that will not be vacated and dedications required as a condition to reversion. Final or parcel maps shall be conspicuously designated with the title, "Reversion to Acreage." 256.08 Submittal of Petition to the City Engineer The final or parcel map for the reversion,together with all other data as required by this chapter, shall be submitted to the City Engineer for review. Upon finding that the petition meets with all the requirements of the Subdivision Map Act and this chapter,the City Engineer shall submit the final or parcel map,together with a report and recommendations of approval or conditional approval of the reversion to acreage,to the City Council for its consideration. 256.10 City Council Action F9-985--I A. Notice and Public ffiariM. A public hearing shall be held by the City Council on all petitions for initiations for reversions to acreage. Notice of the public hearing shall be given as provided in Section 251.08. M5.a B. Findings for Apprno—vW. The City Council may approve a reversion to acreage only if it finds: I Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes;and 2. All owners with an interest in the real property within the subdivision have consented to reversion;and 3. None of the improvements required to be made has been made within two years from the date the final or parcel map was filed for record,or within the time allowed by agreement for completion of the improvements,whichever is later; and 4. No parcels shown on the final or parcel map have been sold within five years from the date such map was filed for record.. 9985.b C. Conditions of AVVLQv--9j. The City Council may require as conditions of the reversion: I That owners dedicate or offer to dedicate streets,public rights-of-way or easements; 2. That all or a portion of previously paid subdivision fees,deposits or improvement securities be retained if the same are necessary to accomplish any of the purposes or provisions of this chapter;or 3. Such other conditions of reversion as are necessary to accomplish the purposes or provisions of this chapter or necessary to protect the public health, safety or welfare. Chapter 256 256-2 02/25/94 ordinance No. 3254 256.12 Filing with County Recorder 9987 Upon approval of the reversion to acreage,the City Clerk shall transmit the final or parcel map, 99N together with the City Council ordinance approving the reversion,to the County Recorder for recordation. Reversion shall be effective upon the final map being filed for record by the County Recorder. Upon filing,all dedications and offers of dedication not shown on the final or parcel map for reversion shall be of no further force and effect. Chapter 256 256-3 02I25144 ALLY LEFT LAN Ordinance No. 3254 i .. .... ..,r.�r._....,-.•.�5.r__.F,-ram.-ew,.:..'�w. .......F�'ik....re a'i'-8.�� �k. o-` +"�;s 7�r�.�`- �'.,,� �.,�".t .. .. ..-... .r+..H A.�.. .:..: �`.- Sections: 257.02 Mergers Required 257.04 Notice of Intention to Determine Status 257.06 Hearing on Determination of Status 257.08 Determination of Merger 257.10 Appeals 257.12 Determination when No Hearing Is Requested 257.14 Request to Merge by Property Owner 257.16 Request for Determination by Owner 257.18 Ur merged Lots 257.02 Mergers Required Two or more contiguous parcels held by the same owner shall be merged if one of the parcels i does not conform to the minimum lot size required by Titles 20-24(Zoning)of this Code, and if all the following requirements are satisfied: A. At least one of the affected parcels is undeveloped by any structure for which a building permit was issued,or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures,or is developed with a single structure, other than an _ accessory structure,that is also partially sited on a contiguous parcel. B. With respect to any affected parcel,one or more of the following conditions exists: 1. Comprises less than 5,000 square feet in area at the time of the determination of merger; 2. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation; 3. Does not meet current standards for sewage disposal and domestic water supply; 4. Does not meet slope stability standards; 5. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability; Chapter 257 257-1 02/24194 6. Will create health or safety hazards if developed;or 7. Is inconsistent with the General Plan and any applicable specific plan, other than minimum lot size or density standards. C. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that the Notice of Intention to Determine Status is recorded pursuant to this chapter. D. Subsection(B)shall not apply if any of the conditions stated in Section 6645 1.11(b)(A), (B),(C),(D)or(E)of the Subdivision Map Act exist. 9%0.4 257.04 Notice of Intention to Determine Status Prior to recording a Notice of Merger,the Director shall mail,by certified mail, a Notice of Intention to Determine Status to the current record owner of the property. The notice shall state that the affected parcels may be merged pursuant to this chapter and that,within 30 days from the date the Notice of Intention was recorded,the owner may request a hearing before the Zoning Administrator to present evidence that the property does not meet the criteria for merger. The Notice of Intention to Determine Status shall be filed for record with the County Recorder by the Director on the same day that the notice is mailed to the property owner. 996o a 257.06 Hearing on Determination of Status The owner of the affected property may file a written request for a hearing with the Director within 30 days after recording of the Notice of Intention to Determine Status. Upon receipt of the request,the Director shall set a time, date and place for a hearing before the Zoning Administrator and notify the owner by certified mail.. The hearing shall be conducted within 60 days following the receipt of the owner's request,or may be postponed or continued by _ mutual consent of the Zoning Administrator and the property owner. At the hearing,the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger specified in this chapter. At the conclusion of the hearing,the Zoning Administrator shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination. Such notification shall be mailed to the property owner by the Director within five days of the date of the hearing. 257.08 Determination of Merger If the Zoning Administrator makes a determination that the parcels are to be merged, a Notice of Merger shall be filed for record with the County Recorder by the Director within 30 days of the conclusion of the hearing,unless the decision has been appealed pursuant to Section 257.10. The Notice of Merger shall specify the name of the record owner and a description of the property. If the Zoning Administrator makes a determination that the parcels shall not be merged, a release of the Notice of Intention to Determine Status shall be filed for record with the Chapter 257 257-2 02/24/94 Ordinance No. 3254 County Recorder by the Director within 30 days after the Zoning Administrator's determination and a clearance letter shall be mailed to the owner by the Director. o.s 1 257.10 Appeals 9960.E The determination of the Zoning Administrator may be appealed to the Planning Commissio: in accordance with Chapter 248;provided that the appeal shall be filed within 10 calendar days of the date of mailing of the Notice of Determination and the Planning Commission shall hear the appeal within 60 days from the date of appeal. If, after this hearing,the Planning Commission grants the appeal and determines that the affected property has not been merged pursuant to this chapter,the Director shall,within 30 days after the Planning Commission determination,file with the County Recorder a release of the Notice of Intentioi to Determine Status and mail a clearance letter to the owner: 257.12 Determination When No Hearing Is Requested If the owner does not file a request for a hearing within 30 days after the recording of the Notice of Intention to Determine Status,the Zoning Administrator may, at any time thereafter,make a determination that the parcels are or are not to be merged. If they are to be merged,a Notice of Merger shall filed for record with the County Recorder by the Director within 90 days after the mailing of the Notice of Intention to Determine Status pursuant to Section 257.04. 257.14 Request to Merge by Property Owner If the merger of contiguous parcels is initiated by the property owner,the owner may waive the right to a hearing before the Z ing Administrator and to all notices required by this chapter. Upon signing the waiver,the Director shall simultaneously file for record with the - County Recorder a Notice of Intention to Determine Status,a waiver of right of hearing and notice,and a Notice of Merger. The owner may apply for merger pursuant to Chapter 256. When two or more contiguous parcels are developed and used aoiwsone residential site,the property owner shall at the time of remodel or expansion initiate a merger request. The Director may approve the merger and cause to be recorded a Covenant to Hold as One Parcel provided no public improvements or dedications are required. F� 1 257.16 Request for Determination by Owner Upon written application made by the owner to the Director,the Director shall make a determination that the affected parcels have merged or are to be merged. If the Director determines that the parcels have not merged,the owner shall be so notified by the Director. If the Director determines that the parcels were merged but that they meet the conditions for unmerger in Section 257.18, a Notice of Status shall be issued to the owner and filed for record with the County Recorder by the Director_ The Notice of Statutes shall identify each parcel and declare that they are unmerged pursuant to this chapter. Chapter 257 7-3 02/24/94 If the Zoning Ad imstraWr determines that the parcels were merged but do not meet the conditions for umnerger in Section 257.18,a Notice of Merger specifying the record owner and description of the parcel shall be issued to the owner and filed for record with the County Recorder by the Director. The owner may appeal the decision of the Zoning Administrator to the Planning Commission in accordance with Chapter 248,provided that the appeal must be filed within 10 calendar days of the date of the mailing of the Notice of Merger. The Planning Commission shall hear the appeal within 60 days from the date of appeal. Q 257.18 Unmerged Lots Any parcels that were merged under the provisions of any law prior to January 1, 1984,but for which a Notice of Merger was not recorded on or before January 1, 1986, shall remain unmerged Until such time as the parcels have been lawfully merged by subsequent proceedings initiated by the City that meet the requirements of this chapter. } Chapter 257 257-4 02/24/94 Ordinance No. 3254 -M-^'. .'k„-9'' 2 •. ..+x w.;...,.+, r Sections: 258.02 Prohibition 258.04 Remedies 258.06 Certificate of Compliance 258.08 Notice of Violation 258.10 Appeals of Director's Action 258.02 Prohibition A. No person shall sell,lease,or finance any parcel or parcelss of real property or commence construction of any building for sale,lease or financing thereon, except for model homes,or allow occupancy thereof,for which a final map,or a parcel map,is required by the Subdivision Map Act or this Title,until such a map,in full compliance with the provisions of the Subdivision Map Act and this Title,has been filed for record by the County Recorder. B. Conveyances of any part of a division of real property for which a final or parcel map is required by the Subdivision Map Act or this Title shall not be made by parcels or block number,letter or other designation, unless and until such map has been filed for record by the County Recorder. QC. This section does not apply to any parcel or parcels of a subdivision offered for sale or lease,contracted for sale or lease,or sold or leased in compliance with or exempt from any law,-including this Title,regulating the design and improvement of subdivisions in effect at the time the subdivision was established. E. Nothing contained in Sections 258.02(A)and.(B) shall be deemed to prohibit an offer or contract to sell,lease or finance real property or to construct improvements thereon where such sale,lease of financing, or the commencement of such construction,is expressly conditioned upon the approval and filing of a final neap or parcel map,as required under the Subdivision Map Act or this Title. 258.04 Remedies A. Any deed of conveyance,sale or contract to sell real property which has been divided or which has resulted from a division in violation of the provisions of the Subdivision Map Act or this Title,is voidable at the sole option of the grantee,buyer or person contracting to purchase,any heirs,personal representative,or trustee in insolvency or bankruptcy thereof within one year after the date of discovery of such violation. The deed of conveyance, sale or Chapter 258 258-1 02/24/94 contract to sell is binding upon any successor in interest of the grantee,buyer or person contracting to purchase,other than those above enumerated,and upon the grantor,vendor or person contracting to sell,or his or her assignee,heir or devisee. B. Any grantee,or successor in interest thereof,of real property which has been divided,or which has resulted from a division,in violation of the provisions of this Title or the Subdivision Map Act may,within one year of the date of discovery of such violation,bring an action m the superior court to recover any damages suffered by reason of such division of property. The action may be brought against the person who so divided the property and against any successors in interest who have actual or constructive knowledge of such division of property. C. The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed recorded final map or parcel map,from and after the date of recording. D. This section does not bar any legal,equitable or summary remedy to which the City or other public agency,or any person,firm or corporation may otherwise be entifled, and the City or other public agency, or such person,firm or corporation may file a suit in the superior court to restrain or enjoin any attempted or proposed subdivision or sale,lease,or financing in violation of the Subdivision Map Act or this Title. E. The City shall not issue a permit or grant any approval necessary to develop any real property which has been divided or which has resulted from a division,in violation of the provisions of the Subdivision Map Act or this Title,if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny or approve such a permit shall apply Whether the applicant therefore was the owner of record at the time of such violation or whether the applicant therefore is either the current owner of record or a vendee thereof with,or without,actual or constructive knowledge of the violation at the time of the acquisition of an interest in such real property. F. If the City issues a permit or grants approval for the development of any real property illegally subdivided,the City may impose those additional conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property. If the property has the same owner of record as at the time of the initial violation,the City may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been filed for record in accordance with the provisions of Section 258.06,only those conditions stipulated in that certificate shall be applicable. 258.06 Certificate of Compliance A. Any person owning real property or a vendee of such person pursuant to a contract of sale of such real property may request the Director to determine whether the real property complies with the provisions of the Subdivision Map Act and this Title. A written application for a certificate of compliance shall be accompanied by a preliminary title report not more than six months old that shows the legal owners of the property and copies of all previous recorded deeds applicable to the property. Mapter 258 258-2 02/24/94 Ordinance No. 3254 B. If the Director determines that the real property complies with the provisions of the Subdivision Map Act and this Title or the City Subdivision laws applicable at the brae of creation,the Department shall prepare a certificate of compliance to be placed on record with the County Recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with the provisions of the Subdivision Map Act and this Title. C. If the Director determines that the real property does not comply with the provisions of the Subdivision Map Act or this Title,the Director may, as a condition to granting a certificate of compliance,impose conditions in accordance with Section 258.04(E). Upon the Director's making such a determination and establishing such conditions,the Director shall prepare a conditional certificate of compliance to be placed on record with the County Recorder. Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate,a grantee of the property owner, or any subsequent transferee or assignee of the property,that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with such conditions shall not be required until such tune as a permit or other grant of approval for development of such property is issued by the City. D. A recorded final map or parcel map shall constitute a certificate of compliance with respect to the lots of real property described therein. E. Subject to the provisions of Section 6649935 (E) of the Subdivision Map Act, an official map prepared pursuant to Section 66499.52 (B) of the Subdivision Map Act shall constitute a certificate of compliance with respect to the lots of real property described therein- F. A fee and/or deposit shall be charged to the applicant for making the determination and processing the certificate of compliance. _ 258.08 Notice of Violation If the Director has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or this Title,a Notice of Intention to Record a Notice of Violation shall be mailed by the Director by certified mail to the current owner of record. The notice shall describe the property in detail,name the owners,describe the violation and state that the owner will be given the opportunity to present evidence. The notice shall also contain an explanation as to why the subject lot is not lawful under Section 66412.6(a)or(b) of the Subdivision Map Act. The notice shall specify the date,time and place for a meeting at which the owner may present evidence to the Director why a notice of violation should not be recorded. The meeting shall be held no sooner than 30 days and no later than 60 days from the date of mailing of the Notice of Intention to Record a Notice of Violation. If,within fifteen 15 days of receipt of the notice, the owner fails to file with the Director a written objection to recording the notice of violation,the Director shall file the notice of violation for record with the County Recorder. If,after the owner has presented evidence,the Director determines that there has been no violation,the Director shall mail a clearance letter to the then current owner of record. If,however,after the owner has presented evidence,the Director determines that Chapter 258 258-3 02/24/94 the property has in fact been illegally divided,the Director shall file the notice of violation for record with the County Recorder. The notice of violation,when recorded,shall be deemed to be constructive notice of the violation to all successors in interest in such property. A. The statute of limitations for beginning any civil or criminal action against an owner or subdivider for violating the Subdivision Map Act shall be tolled for any time period during which there is no constructive notice of the transaction constituting the violation. B. Each violation of the provisions of this Title or the Subdivision Map Act by the subdivider or owner of record of the property involved in the violation shall be punishable by imprisonment in the county jail or in the state prison not exceeding one year,by a fine of no more than S 10,000, or by both. Every other violation of this division is a misdemeanor. 258.10 Appeals of Director's Action Appeal of any Director's action pursuant to this chapter shall be made to the City Council under the procedures established in Chapter 248. Chapter 258 259-4 02/24/94 Ordinance No. 3254 INTENTIONALLY LEFT BLAND Ordinance No. 3254 WyY N A�*h.' ABUTTING Defined 203.06 ACCESSORY DWELLINGS Dwelling Unit Defined 203.06 Standards 230.10 (see also ACCESSORY USES) ACCESSORY USES Defined 204.14 (see individual base zoning districts for use standards) (see ACCESSORY DWELLINGS) ACCESSORY STRUCTURES Decks 230.08(F) Location 230.E aka) Maximum Height 230.08(C) Maximum Size in RL District 230.08(D) Patio Covers 230.08(E) Separation 230.08(G) Timing 230.08(A) Waterfront Lots 210.06(T) ADMINISTRATION (see TITLE 24,Chapters 240-249) ADULT BUSINESS Defined 2(? 19(A) (See ✓i ud base ztr %ny aGsfri`cfs {or use sfa.+. ►a!s AFFORDABLE HOUSING INCENTIVES Affordability Requirements 230.14(D) Findings Required 230.14(F) Modifications for Affordable Housing 210.10 Procedure 230.14(E) Rent/Mortgage Payments 230.14(C) Standards 230.14 Types of Incentives 230.14(B) ALCOHOLIC BEVERAGE SALES (see FOOD AND BEVERAGE SALES) ALLEY Defined 203.06 Index ( 1 ) 02/25/94 ALTER Defined 203.06 ALTERATION(see ALTER) AMBULANCE SERVICES Defined 204.10(B) (see individual base districts for use standards) AMENDMENTS City Council Action 247.14 Defined 203.06 Findings 247.10 Initiation of Amendments 247.02 Planning Commission Review and Recommendation 247.08 Public Hearing Scope and Notice 247.06 Required Application Materials for Amendments 247.04 Result of Planning Commission Denial 247.12 ANIMAL BOARDING Defined 204.10(C)(1) (see individual base districts for use standards) ANIMAL EXOTIC Defined 203.06 ANIMAL. GROOMING Defined 204.10(C)(2) (see individual base districts for use standards) ANIMAL HOSPITALS Defined 204.10(C)(3) (see individual base districts for use standards) ANIMAL,LARGE Defined 203.06 ANIMAL RETAIL SALES Defined 204.10(C)(4) (see individual base districts for use standards) ANIMAL SALES AND SERVICES Defined 204.10(C) (see individual base districts for use standards) ANIMAL SHOWS Defined 204.16(A) (see individual base districts for use standards) ANIMAL, SMALL Defined 203.06 Index 2 01/0994 Ordinance No. 3254 ANTENNAE AND MICROWAVE EQUIPMENT Microwave Receiving Antennae 230.E 80(b) Microwave Transmitting and Relay Equipment 230.E So(E� Satellite Antennae 230.E So(c) Permit Required 230.'A" go(a) Pc�r�ogc APPEALS (see DECISIONS AND APPEALS) ARCADE (see GAME CENTERS) ARCHITECTURAL PROJECTION OR APPURTENANCES Defined 203.06 AREA,NET LOT Defined Section 203.06 ARTERIAL Defined 203.06 ARTISTS' STUDIOS Defined 204.10(D) (see individual base districts for use standards) ATTACHED STRUCTURES Defined 203.06 AUTOMOBILE REPAIR., Defined 204.10{ (5) _ AUTOMOBILE RENTALS Defined 204.10( (I) AUTOMOBILE SERVICE STATION Defined 204.10(ee)(4) E�E- BALCONY Defined 203.06 Projections into Yards 230.68 (see individual base districts for use standards) BANKS AND SAVINGS AND LOANS Defined 204.10(E) (see individual base districts for use standards) BASEMENT Defined 203.06,222.06 Index 01/05/94 BAY WINDOW Defined 203.06, R districts 210.06(D) Projections into Yards 230.68 BED AND BREAKFAST INNS Defined 204.10(Bg)(1) CEFX�� Standards 230.42 BEDROOM Defined 203.06 BLOCKFACE Defined 203.06 BOARDING HOUSE Defined 203.06 BUILDING Defined 203.06 BUILDING MATERIALS AND SERVICES Defined 204.10(F) (see individual base districts for use standards) BUILDING PROJECTIONS INTO YARDS AND COURTS Standards 230.68 BUILDING SITE Require 230.62 C DISTRICTS (see COMMERCIAL DISTRICTS) CARETAKER'S QUARTERS Defined 203.06,204.14 CARPORT Defined 203.06 CATERING SERVICES Defined 204.10(G) (see individual base districts for use standards) CEMETERY Defined 204.08(A) (see Chapter 214) CG--GENERAL COMMERCIAL DISTRICTS Land Use Controls 211.04 Development Standards 211.06 Index 02/25/94 Ordinance No. 3254 s i [t CHRISTMAS TREE SALES (see SEASONAL SALES) CHURCH (see RELIGIOUS ASSEMBLY) CIRCUSES AND CARNIVALS Defined 204.16(B) (see individual base districts for use standards) CITY Defined 203.06 CLINIC Defined 203.06 CLUBS AND LODGES Defined 204.08(B) (see individual base districts for use standards) COASTAL DEVELOPMENT PERMIT Action on Coastal Development Permit 245.16 Appeals 245.32 Application After Denial 245.34 1 Application Requirements 245.12 Categorical Exclusions 245.10 Conditions 245.28 Definitions 245.04 Determination of Applicable Procedures 245.14 Exemptions 245.08 Expiration of Coastal Development Permit 245.36 _ Findings 245.30 Notice for Appealable Development 24520 Notice of City Action 245.24 Permit Amendment 245.3 8 Permit Required 245.06 Precedence of Local Coastal Program 245.26 Procedures for Open Space Easements and Public Access 245.40 Public Hearing and Comment 245.18 Specific Purpose 245.02 COASTAL ZONE OVERLAY DISTRICT(CZ) Buffer Requirements 22122 Coastal Access and Public Use Areas,Signs Required 221.12 Community Facilities 221.I6 Defined 203.06 Diking,Dredging,and Filling 221.18 Energy Facilities 221.24 Guarantees of Public Access 221.10 Hazards 221.20 Landscaping 221.32 Index 5 01/05/94 Land Use Controls 221.08 Maximum Height 22128 Off-Street Parldng Requirements 221.30 Preservation of Visual Resources 221.14 Requirements for Coastal Development Permit 221.06 Residential Density Limitations 221.26 Signs 221.34 Zoning Map Designator 221.04 COLLECTION CONTAINERS Defined 203.06 Recycling Operations 230.44 CO— OFFICE COMMERCIAL DISTRICTS Land Use Controls 211.04 Development Standards 211.06 COMMERCIAL DISTRICTS (C) CO,CG, and CV Districts:Development Standards 211.06 CO,CG,and CV Districts: Land Use Controls 211.04 Commercial Districts Established 211.02 Review of Plans 211.08 COMMERCIAL FILMING Defined 204.10(H) COMMERCIAL FILMING,LIMITED Defined 204.16(C) COMMERCIAL RECREATION AND ENTERTAINMENT Defined 204.10(1) (see individual base districts for use standards) COMMERCIAL PARKING FACILITY Defined 204.1 O(CC)(3) COMMISSION Defined 203.06 COMMUNICATION FACILITIES Defined 204.1 O(J) (see individual base districts for use standards) COMMIJNITY AND HUMAN SERVICE FACILITIES Defined 204.08(C) CONDAIMITY APARTMENT PROJECT Defined 203.06 COMPACT PARKING (see OFF-STREET PARKING AND LOADING PROVISIONS) Index 6 01/05/94 Ordinance No. 3254 COMPLETELY REBUILT Defined 203.06 CONDITIONAL USE PERMITS AND VARIANCES Appeals 241.14 Authority of Planning Commission and.Zoning Administrator 241.04 Changed Plans 241.18 Conditions of Approval 241.12 Effective Date 241.14 Initiation 241.06 New Applications 241.18 Notice and Hearing 241.08 Procedures Established 241.02 Required Findings 241.10 Revocation 241.16 Temporary Use Permits 241.20 Time Limit 241.16 Transferability 241.16 Waiver of Development Standards 241.22 CONDITIONAL USE Defined 203.06 CONDOMINIUM Defined 203.06 Residential Condominium Conversions,Chapter 235 (see also PLANNED UNIT DEVELOPMENT) CONDOMINIXW CONVERSION STANDARDS (See Chapter 235) - CONFORMING BUILDING Defined 203.06 CONTRACTOR STORAGE YARD Standards 230.90 (see individual base districts) CONVALESCENT FACILITIES Defined 204.08(D) (see individual base districts for use standards) CONVENIENCE MARKET Defined 203.06 (see individual base districts for use standards) COURT Defined 203.06 COVERAGE,LOT OR SITE Defined 203.06 Index 7 01/05/94 CULTURAL INSTITUTIONS Defined 204.08(E) (see individual base districts for use standards) CV—VISITOR COMMERCIAL DISTRICTS Land Use Controls 211.04 Development Standards 211.06 DAY CARE,GENERAL Defined 204.08(G) (see individual base districts for use standards) DAY CARE,LARGE-FAMILY Defined 204.08(F) (see individual base districts for use standards) DAY CARE,LIMITED Defined 204.06(A) (see individual base districts for use standards) DECISIONS AND APPEALS Appeal by City Council Member or Planning Commissioner 248-28 Appeal of Decision 248.20 Appeal of Failure to Act 248-22 Denial Without Prejudice 248.14 Designation of Hearing Body on Appeal 248.18 Effective Date of Decision 248.30 Fee for Appeal 24826 Finality of Decision and Time for Appeal 248.16 Time and Manner of Decision 248.10 Time Limit on Reapplication for Same Matter 248.12 DECK Defined 203.06 Projections into Yards 230.68 Waterfront Lots 210.06(T) DEDICATION AND IMPROVEMENTS Dedication Required 230.84(A) Exceptions 230.84(B) Dedication Determinants 230.84(C) Improvements 230.84(D) DEDICATIONS AND RESERVATIONS Bridges and Major Thoroughfares 254.16 Dedications 254.06 Dedication of Streets, Alleys,and other Public Rights-or Way or Easements 254.02 Drainage Fees 254-20 Local Transit Facilities 254.14 Other Public Facilities 254.24 Index 8 01/05/94 Ordinance No. 3254 Parkland Dedication 230.20,254.08 Reservations 254.12 School Site Dedication 254.10 Solar Access Easements 254.22 Supplemental Improvement Capacity 254.18 Waiver of Direct Access Rights 254.04 DEMOLITION Defined 203.06 DENSITY BONUS Defined 203-06 Conditional Use Permit Required 210.04(B) (see AFFORDABLE HOUSING INCENTIVES) DESIGN REVIEW Duties of Design Review Board 244.04 Applicability 244.02 Scope of Review 244.06 Required Plans and Materials 244-08 DEVELOPMENT AGREEMENTS Annual Review 246.14 Application of Existing Rules, Standards, and Policies 246.16 Application Requirements 246.04 City Council Action 246.12 Department Review and Recommendations 246.06 Modification and Termination 246.18 Planning Commission Action 246.10 Public Hearing Reqiuired 246.08 Purpose 246.02 DEVELOPMENT ON LOTS DIVIDED BY DISTRICT BOUNDARIES Standards 230.66 DEVELOPMENT ON SUBSTANDARD LOTS Standards 230.64 DIRECTOR Defined 203.06 Responsibilities 202.10,250.12(F) DISTRIBUTION LINE Defined 203.06 (see also UTILITIES,MINOR) DISTRICT Defined 203.06 (see also individual districts) Index 9 01/05/94 DRIVEWAYS (see OFF-STREET PARKING AND LOADING PROVISIONS) (see FENCES) DRILLING Defined 203.06 (see OIL PRODUCTION OVERLAY DISTRICT) DRUG ABUSE CENTERS Defined 204.08(C)(1) DWELLING Accessory Sees koJhit 203.06 Multiple Unit 203.06 Single Unit 203.06 Studio Unit 203.06 Unit 203.06 (see RESIDENTIAL USE CLASSIFICATIONS in Chapter 204) (see Residential Base Districts For Use Standards) EATING AND DRINKING ESTABLISHNIEE TS Defined.204.10(K) (see individual base districts for use standards) EIR(see ENVIRONMENTAL IMPACT REPORT) ELECTRONIC READERBOARDS (See SIGNS) EMERGENCY HEALTH CARE Defined 204.08(H) (see individual base districts for use standards) EMERGENCY KITCHEN Defined 204.08(C)(3) EMERGENCY SHELTERS Defined 204.08(C)(4) ENCROACHMENTS (see PROJECTIONS INTO YARDS) ENFORCEMENT,ADMINISTRATION Abatement Procedure 249.10 Lien Procedure 249.12 Penalties 249.08 Permits,Licenses,Certificates and Approval 249.02 Responsibilities 249.04 Revocation of Discretionary Permits 249.06 Index 10 01/05/94 Ordinance No. 3254 ENFORCEMENT,SUBDIVISIONS Appeals of Director's Action 258.10 Certificate of Compliance 258.06 Merger Appeals 257.10 Notice of Violation 258.08 Prohibition 258.02 Remedies 258.04 ENVIRONMENTAL IMPACT REPORT(EIR) Defined 203.06 Environmental Review 240.04 EQUESTRIAN CENTERS Defined 204.10(C)(5) Design&Development Standards 230A8(B) Insect and Rodent Control 230.48(C) Miscellaneous Operating Requirements 230.48(D) Parking and Landscaping 230.48(E) Pernut Required 230.48(A) EXCEPTIONS TO HEIGHT LIMITS Standards 230.72 EXEMPTION, CATEGORICAL i Defined 203.06 FAMILY Defined 203.06 FAR (see FLOOR AREA RATIO) - FAST FOOD OR TAKE-OUT SERVICE (see EATING AND DRINKING ESTABLISHMENTS) FENCES Standards 230.88 (see individual base districts also) FINAL MAPS AND PARCEL MAPS Approval by City Council 253.18 Approval by City Engineer 253.16 Contents 253.10 Filing with the County Recorder 253.22 Form 253.08 General 253.02 Limitation on Denial by City Council 253.20 Phasing 253.04 Preliminary Submittal for City Approval 253.12 Requirements for Correction and Amendment of Maps 253.24 Review by City Engineer 253.14 Survey Required 253.06 Index 11 01/05/94 FLOODPLAIN OVERLAY DISTRICT(FP) Definitions 222.06 Development Standards and Standards of Construction 222.14 District Established 222.02 General Provisions 222.10 Land Use Controls 222.12 Methods of Reducing Flood Hazards 222.08 Variances/Appeals 222.16 Zoning Map Designator;Establishment of Hazard Area 222.04 FLOOR AREA,GROSS Defined 203.06 FLOOR AREA RATIO Defined 203.06 Maximum Area . in R Districts 210.06 in C Districts 211.06 in I Districts 212.06 in PS District 214.08 FOOD AND BEVERAGE SALES Defined 204.10(L) (see individual base districts for use standards) FRONTAGE Defined 203.06 FUNERAL AND INTERMENT SERVICES Defined 204.10(N) (see individual base districts for use standards) GAME CENTERS Defined 204.8(I) Supplemental Requirements 230.38 (see individual base districts for use standards) GENERAL PLAN Defined 203.06 GENERAL PROVISIONS,SUBDIVISIONS Applicability 250.06 Citation and Authority 250.02 Consistency 250.04 Definitions 250.10 Exceptions 250.08 Fees and Deposits 250.16 Map Requirements 250.14 Responsibilities 250.12 Index 12 01/05/94 Ordinance No. 3254 1 GOVERNMENT OFFICES Defined 204.08(I) (see individual base districts for use standards) GRADE Defined 203.06 Measurement of Height 230.70 Permit Required 240.02 Survey Required 240.02 GROUP RESIDENTIAL Defined 204.06(B) (see individual base districts for use standards) GUEST HOUSE Defined 203.06 (see also ACCESSORY STRUCTURES) HANDICAPPED PARKING (see OFF-STREET PARKING AND LOADING PROVISIONS) HEARINGS (see NOTICES AND HEARINGS) HEIGHT OF BUILDING Defined 203.06 Exceptions 230.72 Measurement 230.70 (see individual base districts) (see also HIGH-RISE OVERLAY) HELIPAD OR HELISTOP Defined 203.06 HELIPORT Defined 203.06,204.08(7) Standards 230.40 HIGH-RISE OVERLAY DISTRICT(H) Applicability and Zoning Map Designator 226.04 Development Standards 226.08 Land Use Controls 226.06 HOME OCCUPATION IN R DISTRICTS Contents of Application 230.12(B) Defined 203.06 Permit Required 230.12(A) Required Conditions 230.12(C) HORTICULTURE Defined 204.10(0) Index 13 02/25/94 HOSPITALS Defined 204.08(K) (see individual base districts for use standards) HOTELS Defined204.10(DD)(2) (see individual base districts for use standards) HOUSING OF GOODS Standards 230.34 GENERAL INDUSTRIAL Land Use Controls 212.04 Development Standards 212.06 Review of Plans 212.08 IL —LINIITED INDUSTRIAL Land Use Controls 212.04 Development Standards 212.06 Review of Plans 212.08 ILLUMINATION,DIRECT Defined 203-06 ILLUMINATION,INDIRECT Defined 203.06 IMPROVEMENTS Acceptance of Improvements 255.22 Access 255.10 Completion of Improvements 255.20 Construction and Inspection 255.18 Dedication and Improvements 230-84 - Deferred Improvement Agreements 255.06. Design 255.08 General 255.02 Improvement Agreement 255.14 Improvement Plans 255.12 Improvement Security 255.16 Required 255.04 INCENTIVES Defined 203.06 Affordable Housing 230.14 INDUSTRY, CUSTOM Defined 204.12(A) (see individual base districts for use standards) INDUSTRY,GENERAL Defined 204.12(B) (see individual base districts for use standards) Index 14 02/25/94 Ordinance No. 3254 /y�ILL LOTS See r2ESDEM7.yL 11VJ=1Z-J- /-Or INDUSTRY,LIMITED Defined 204.12(C) (see individual base districts for use standards) INDUSTRY,RESEARCH AND DEVELOPMENT Defined 204.12(D) (see individual base districts for use standards) INDUSTRIAL DISTRICTS (j) IG and IL Districts:Development Standards 212.06 IG and IL Districts:Land Use Controls 212.04 Review.of Plans 212.08 Specific Purposes 212.02 INTERIM STUDY OVERLAY DISTRICT(IS) Development Standards 223.08 Expiration of IS District Ordinance;Renewal 223.10 Land Use Controls 223.06 Resubmittal of Development Proposals 223.12 Zoning Map Designator 223.04 IRRIGATION (See LANDSCAPE IMPROVEMENTS) JOINT USE PARKING (See OFF-STREET PARKING AND LOADING PROVISIONS) JUNK YARD Defined 203.06 KENNEL Defined 203.06 (See ANIMAL BOARDING) KITCHENETTE OR KITCHEN Defined 203.06 LABORATORIES Defined 204.1 O(P) (see individual base districts for use standards) LANDFILL DISPOSAL SITES Definitions 230.92(A) Excavation Activity Prohibited 230.92(G) Exemptions 230.92(F) Hazardous Waste Sites 230.92(D) Operations Plan Approval 230-92(F) Operations Plan Contents 2.30.92(E) Operations Plan Required 230.92(13) Index 5 01/05/94 LANDSCAPE IMPROVEMENTS Design Standards 232.08 Exceptions 232.12 General Requirements 232.04 Irrigation 232.10 Materials 232.06 (see individual base districts for use standards) LANDSCAPING Defined 203.06 LANDSCAPING,INTERIOR Defined 203.06 LANDSCAPING,PERIMETER Defined 203.06 LIVE ENTERTAINMENT/DANCING (see EATING AND DRINKING ESTABLISHMENTS) LODGER Defined 203.06 LOT Building Site Required 230.62 Defined 203.06 Minimum Dimensions C Districts 211.06 I Districts 212.06 R Districts 210.06 Substandard Lots 230.64 - Waterfront Lots 230.06(1) LOT MERGERS (see MERGERS) LOWER INCOME HOUSEHOLD Defined 203.06 MAINTENANCE AND REPAIR SERVICES Defined 204.10(Q) (see individual base districts for use standards) MAINTENANCE AND SERVICE FACILITIES Defined 204.08(L) (see individual base districts for use standards) Index 16 01/05/94 Ordinance No. 3254 MANUFACTURED HOMES Cancellation of State Registration 230.16(c) Defined 203.06 General Requirements 230.16(A) Location and Design Requirements 230.16(B) Manufactured Home Park(see RESIDENTIAL DISTRICTS) RMP Supplemental Standards 210.14 MARINAS Defined 204.08M (see Individual Base Districts for use standards) MARINE SALES AND SERVICES Defined 204.10(R) MEASUREMENT OF HEIGHT Defined 230.70 MECHANICAL EQUIPMENT Screening 230.76 MERGERS Appeals 257.10 Determinationfm 257.08 0 Ler Determination Whenf a on is Requested 257.12 Hearing on Determine on 257.06 Notice of Intention to Determine Status 257.04 Request to Merge by Property Owner 257.14 Request for Determination by Owner 257.16 Required 257.02 Unmerged Lots 257.18 MEZZANINE Defined 203.06 MOBILEHOME OVERLAY DISTRICT Criteria for Application of Zone 227.06 District Established 227.02 Removal of Overlay District or Change of Use 22600 Uses Permitted 227.08 Zoning Map Designator 227.04 MOBILEHOME PARK CONVERSIONS Acceptance of Reports 234.12 Definitions 234.04 Findings for Conversion 234.14 Modification of Relocation Plan 234.10 Permit Required 234.06 Relocation Plan 234.08 Specific Purpose 234.02 Index 17 01/05/94 MODEL HOMES Standards 230.16 MODERATE INCOME Defined 203-06 MOTELS Defined 204.10(DD) MULTIFAMILY RESIDENTIAL Defined 204.06(C) (see individual base districts for use standards) MUNICIPAL CODE Defined 203.06 NEGATIVE DECLARATION Defined 203.06 (see ENVIRONMENTAL BRACT REPORT) NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT(NC) Adoption Procedures 224.12 Allowable Modifications 224.08 Application 224.10 Area Requirements 224.04 Building Permits 224.16 District Established 224.02 Status of NC District and Approved Plan 224.06 -Zoning Map Designator 224.14 NEW WELL Defined 23.06 (see OIL PRODUCTION OVERLAY DISTRICT) NONCONFORMING Alterations to Nonconforming Use of Structure 236.06 Defined 203.06 Destruction to Nonconforming Use of Structure 236.04 General Provisions 236.02 Landscaping 232.12 Parking 231.02(B) Signs 233-28 Sites with Nonconforming Landscaping 232.12 (see also DEVELOPMENT ON SUBSTANDARD LOTS) NON-RESIDENTIAL DISTRICTS Bed and Breakfast Inns 230.42 Equestrian Centers 230.48 Game Centers 230.38 Helicopter Takeoff and Landing Areas 230A0 Index 18 01/05/94 Ordinance No. 3254 Housing of Goods 23034 Recycling Operations 230.44 Service Stations 230.32 Single Room Occupancy 230.46 Transportation Demand Management 230.36 NOTICES AND BEARINGS Amendments 247.06 Coastal Development Permits 245.18,245-20,245,22 Conditional Use Permits 241.08 Development Agreements 246.08 Director's Duty 248.02 Notice Requirements 248.04 Rules Governing Conduct of Hearing 248.06 Tentative Maps 251.08 Variances 241.08 NURSERIES Defined 204.10(S) (see individual base districts for use standards) OFFICES,BUSINESS AND PROFESSIONAL Defined 204.10(T) (see individual base districts for use standards) OFF-STREET LOADING FACILITIES Defined 203.06 OFF-STREET PARKING AND LOADING PROVISIONS Access from Street 231.02(E) Basic Requirements 231.02 Compact Parking 231.20 Design Standards 231.18 Dimensional Requirements 231.14,231.16 Driveways;Visibility 231.22 Handicapped Spaces 231.12 In-Lieu Payments 231.10 Joint Use Parking 231.06 Landscape Improvements 231.24 Parking Space Dimension 231.14 Parking Structures 231.18(G) Plan Required 231.26 Reduced Parking 231.08 Seasonal and Temporary Parking Lots 231.18(.F) Spaces Required 231.04 Transportation Demand Management 230.36 OFF-STREET PARKING FACILITIES Defined 203.06 OIL OPERATION Defined 203.06 Index 19 01/05/94 OIL PRODUCT-TON OVERLAY DISTRICT(0) Application for Designation 220.18 Area Requirements 220.06 Criteria for Approval of a Reuse Plan 220.10 Criteria for Waiver�-, Reduction of Dedication Requirements 220.24 Dedication Requirements 220.20 District Establishment 222.02 Land Use Controls and Development Standards 220.14 Portable Equipment Required 220.16 Reuse Plan Required 220.08 Site Compliance 220.12 Waiver or Reduction of Dedication Requirements 220.22 Zoning Map Designator and Applicability 220.04 OPEN SPACE DISTRICT(OS) Applicability 213.04- Development Standards 213.08 District Established 213.02 Land Use Controls 213.06 Review of Plans 213.10 OPEN SPACE COMMON Defined 203.06 OPEN SPACE,PRIVATE Defined 203.06 OPEN SPACE,TOTAL Defined 203.06 OPEN SPACE,USABLE Defined 203.06 OUTDOOR FACILITIES Permit Conditions: Grounds for Denial 230.74(B) Exceptions 230.74(C) Nurseries 230.74(C)(1) Vehicle/Equipment Sales and Rentals 230.74(C)(2) Screening 230.74(D) Where permitted 230.74(A) PARCEL MAPS (see FINAL MAPS) Waiver 251.20 PARK AND RECREATION FACILITIES Defined 204-08(N) Parkland Dedication 23 0.20,254.08 (see individual base districts for use regulations) Index 20 01/05/94 Ordinance No. 3254 PARKING AND LOADING PROVISIONS (see OFF-STREET PARKING AND LOADING PROVISIONS) PARKING STRUCTURE Defined 203.06 Standards 231.18(G) PATIO Defined 203.06 PAWN SHOPS Defined 204.1 O(U) (see individual base districts for use standards) PERMITS :730-8-0 Building and Grading 241.02 Environmental Review 240.04 Fees and Deposits 240.06 Home Occupations 230.12 (see also CONDITIONAL USE PERMITS) (see also COASTAL DEVELOPMENT PERMITS) PERMITTED USE Defined 203.06 PERSONAL ENRICHMENT SERVICES Defined 204.1 O(V) PERSONAL PROPERTY SALES Defined 204.16(D) PERSONAL SERVICES Defined 204.1 O(W) PET CEMETERY Defined 204.10(C)(6) ID PLANNEDD OPMENT OVERLAY DISTRICT ffq�� v Adoption of P0 r PA Verlay District and Block Plan 225.12 Allowable Modifications to Land Use Controls and Development Standards 225.08 Application for Designation 225.10 Area Requirements 225.04 Building Permits to Conform to Adopted Plan 225.16 District Establi 225.0 Status of PBDfted.29�beveloprnent Overly District and Approved Plan 225.06 Zoning Map Designator 225.14 PLANNED SIGN PROGRAM (see SIGNS) Index 21 01/05/94 PLANNED UNIT DEVELOPMENT(PUD) Defined 203.06 Residential PUD 210.04 Supplemental Standards 210.12 PORCH Defined 203.06 Projections into Yards 230.68 PREEXISTING Defined 203.06 PRIMARY HEALTH CARE (see COMMUNITY AND HUMAN SERVICE FACILITIES) PROJECT Defined 203.06 PROJECTIONS INTO YARDS Standards 230.68 PROMOTIONAL ACTIVITY SIGNS (see SIGNS) PUBLIC AND SEMI-PUBLIC DISTRICT(PS) Applicability 214.04 Development Standards 214.08 District Established 214.02 Land Use Controls 214.06 Review of Plans 214.10 PUBLIC AND SEMI-PUBLIC USES Defined 204.08 (see individual base districts for use standards) PUBLIC SAFETY FACILITIES Defined 204.08(0) (see individual base districts for use standards) QUALIFYING SENIOR RESIDENT Defined 203.06 R DISTRICTS (see RESIDENTIAL DISTRICTS) READERBOARDS (see SIGNS) REAL ESTATE SALES Defined 204.16(E) (see individual base districts for use standards) Index 22 01/05/94 Ordinance No. 3254 RECYCLING OPERATIONS (see REFUSE COLLECTION) (see UTILITIES,MINOR) REFUSE COLLECTION Storage Area 230.78 Recycling Operations 230.44 RELIGIOUS ASSEMBLY Defined 204.08(P) (see individual base districts for use standards) REMODEL Defined 203.06 RESEARCH AND DEVELOPMENT SERVICES Defined 204.10('V) RESIDENTIAL ALCOHOL RECOVERY,GENERAL (see COMMUNITY AND HUMAN SERVICE FACILITIES) RESIDENTIAL ALCOHOL RECOVERY,LIMITED - Defined 204.06(D) } (see individual base districts for use standards) RESIDENTIAL CARE,GENERAL Defined 204.08(C)(6) (see individual base districts for use standards) RESIDENTIAL CARE,LIMITED Defined 204.06(E) (see individual base districts for use standards) RESIDENTIAL CONDOMINIUM CONVERSIONS Bonus for Including Low-and Moderate-Income Housing 235.14 Condominium Conversion Standards 235.08 Definitions 235.02 Effect of Proposed Conversions 235.12 Findings 235.16 Permit Required 235.04 Required Reports and Information 235.06 Tenant Benefits and Notifications 235.10 RESIDENTIAL DISTRICTS Accessory Structures 230.08 Accessory Dwelling Units 230.10 Affordable Housing Incentives 230.14 Building Projections into Yards 230.68 Development on Substandard Lots 230.64 Districts Established 210.02 - Front and Corner Side Yards 230-04 Index 23 01/05/94 Home Occupation 230.12 Manufactured Homes 230.16 Manufactured Home Park Supplemental Standards 210.12 Modifications for Affordable Housing 210.10 Parking,See OFF STREET PARKING AND LOADING PROVISIONS Parkland Dedication In-Lieu Fee 230.20 Planned Unit Development Standards 210.12 Property Development Standards 210.06 Religious Assembly 230.06 Review of Plans 210.16 Senior Housing Supplemental Standards 210.08 Subdivision Sales Office and ModeIhomes 230.18 RH—RESIDENTIAL,HIGH-DENSITY Land Use Regulations,see RESIDENTIAL DISTRICTS Property Development Regulations,see RESIDENTIAL DISTRICTS RL— RESIDENTIAL,LOW DENSITY Land Use Regulations,see RESIDENTIAL DISTRICTS Property Development Regulations,see RESIDENTIAL DISTRICTS RM—RESIDENTIAL,MEDIUM-DENSITY Land Use Regulation,see RESIDENTIAL DISTRICTS Property Development Regulations,see RESIDENTIAL DISTRICTS RMH—RESIDENTIAL,MEDIUM-HIGH DENSITY Land Use Regulations,see RESIDENTIAL DISTRICTS Property Development Regulations,see RESIDENTIAL DISTRICTS RAP—MANUFACTURED HOME PARK Land Use Regulations,see RESIDENTIAL DISTRICTS Property Development Regulations,see RESIDENTIAL DISTRICTS RETAIL SALES Defined 204.1 O(Y) (see individual base districts for use standards) RETAIL SALES, OUTDOOR Defined 204.16(F) (see individual base districts for use standards) REVERSIONS TO ACREAGE City Council Action 256.10 Contents of Petition 256.06 Filing with the County Recorder 256.12 General 256.02 Initiation of Proceedings 256.04 Submittal of Petition to the City Engineer 256.08 ROOM,HABITABLE Defined Seefien 203.06 E61L)EA�rIAL IN Index S+a4&1,Vd5 ZBO.2a- 24 01/05/94 Ordinance No. 3254 SCHOOLS,PUBLIC OR PRIVATE Defined 204.08(Q) (see individual base districts for use standards) SCREENING OF MECHANICAL EQUIPMENT General Requirement 230.76(A) Utility Meters and Backflow Prevention Devices 230.76(B) Screening Specifications 230.76(C) SEASONAL SALES Bond Required 230.86(D) Defined 204.16(G) Merchandise 230.86(B) Removal of Facility 230.86(E) Site Standards 230.86(C) Time Limit 230.86(A) SECONDHAND APPLIANCES AND CLOTHING SALES Defined 204.10(Z) (see individual base districts for use standards) SENIOR HOUSING Defined 203.06 Development Standards 210.08 Reduced Standards 210.04(B) (see individual base districts for use standards) SERVICE STATIONS Defined 204.1 O(CC) Supplemental Standards 230.32 (see individual.base districts for use standards) SETBACK LINE Defined 203.06 (see also individual base districts) SIGNS Code Compliance 233.32 Definitions 233.02 Design Review 233.30 Electronic Readerboards 233.12 Exempt Sips 233.04 . Illumination;Movement 233.16 Miscellaneous Signs and Provisions National Electric Code 233.32 Nonconforming Signs 233.28 Off-Site Advertising Signs 233.24 On-Site Permitted Signs 233.08 Permits Required 233.06 - Planned Sign Program 233.26 Index 25 01/05/94 i Prohibited Signs 233.22 Promotional Activity Signs 233.18 Readerboard Signs-Multiple Users 233.14 Specific Purposes 232.02 Subdivision Directional Signs 233.10 SINGLE-FAMILY RESIDENTIAL (see RL RESIDENTIAL,LOW DENSn-Y) SINGLE OWNERSHIP Defined 203.06 SINGLE ROOM OCCUPANCY(SRO) General Provisions 230.46(A) Project Requirements 230.46(C) Unit Requirements 230.46(B) (see individual base districts for use standards) SPECIFIC PLAN Defined 203.06 Development Standards 215.06 District Established 215.02 Land Use Controls 215.04 - Initiation 215.08 ) Planning Commission Action 215.12 Required Plans and Materials 215.10 Review of Plans 215.18 Status of Specific Plan 215.14 Zoning Map Designation 215.16 SITE Building Site Required 230.62 Defined 203.06 Net Site Area 203.06 SITE STANDARDS Antennae and Microwave Equipment 230.80 Building Projections into Yards and Courts 230.68 Building Site Required Contractor Storage Yards/Mulching Operations 230.90 Dedication and Improvements 230.84 Development on Lots Divided by District Boundaries 230.66 Development on Substandard Lots 230.64 Exceptions to Height Limits 230.72 Fencing and Yards 230.88 Landfill Disposal Sites 230.92 Measurement of Height 230.70 Outdoor Facilities 230.74 Refuse Storage Area 230.78 Screening of Mechanical Equipment 230.76 Index 26 01/05/94 Ordinance No. 3254 Performance Standards 230.82 Seasonal Sales 230.86 (see RESIDENTIAL DISTRICTS) (see NONRESIDENTIAL DISTRICTS) SPECIFIC PLAN Defined 203.06 STANDARDS OF REVIEW AND FINDINGS Determination Before Making Recommendations on Change in Zoning District Classification or Zoning or Subdivision Provision or Standard 247.10 Requirement that Findings by Made Upon Grant of Application 248.08 STOCK COOPERATIVE Defined 203.06 STORY Defined 203.06 STREET FAIRS Defined 204.16(H) STRUCTURE Defined 203.06 SUBDIVISION SALES OFFICES AND MODEL HOMES Standards 230.18 SUBDIVISION DIRECTIONAL SIGNS (see SIGNS) - �w A-P ME Er,JIUDo /F w n ►rzrtE r SWAP MEET,RECURRING a net zap.�o Ap Defined 204.10(A*) S�CndaYdS 23a so F3p (See'i,�(;I;du�,t base c4is#rlcts�- SUBDIVISIONS -TENTATIVE MAPS Accompanying Data and Reports 251.06 Amendments to Approved or Conditionally Approved Tentative Map 251.18 Appeals 251.12 Definitions 250.10 Exceptions 250.08 Expiration 251.14 Extensions 251.16 Fees and Deposits 250.16 Form and Contents 251.04 General 251.02 Hearings and Action 251.08 Map Requirements 250.14 Responsibilities 250.12 Waiver of Parcel Map Requirements 251.20 Index 27 01/05/94 LIS#MEM �G13E P-cRm 1 7 M(Sew GoNDrrIDNAL t4 ff rrs �xD V P, (see- Waiver of Time Limits 251.10 (see DEDICATIONS AND IMPROVEMENTS) (see ENFORCEMENT) (see FINAL MAPS AND PARCEL MAPS) (see IMPROVEMENTS) (see MERGERS) (see REVERSIONS TO ACREAGE) (see VESTING TENTATIVE MAPS) TAKEOFF AND LANDING AREA Defined203.06yo -TIME SHARE FACILITIES Defined 204.10(BB)(2) TRADE FAIRS Defined 204.16(I) (see individual base districts for use standards) TRASH AREAS (see REFUSE COLLECTION) (see individual base districts for use standards) TRANSMISSION LINE Defined 203.06 TRANSPORTATION DEMAND MANAGEMENT Applicability 230.36(C) Definitions 230.36(B) Development Standards 230.36(D) Purpose 230.36(A) TRAVEL SERVICES Defined 204.10(W bD USE,ACCESSORY Defined 203.06 (see individual base districts for use standards) USE CLASSIFICATIONS Accessory Use Classification 204.14 Applicability 204.02 Commercial Use Classifications 204.10 Industrial Use Classifications 204.12 Public and Semipublic Use Classifications 204.08 Residential Use Classifications 204.06 Temporary Use Classifications 204.16 Uses Not Classified 204.04 USED Defined 203.06 Index 28 01/05/94 UTILITIES,MAJOR Defined 204.08(R) (see individual base districts for use standards) UTILITIES,MINOR Defined 204.08(S) (see individual base districts for use standards) VALUE Defined 203.06 VARIANCES (see CONDITIONAL USE PERMITS AND VARIANCES) VEHICLE/EQUIPMENT SALES AND RENTALS Defined 204.10*(F—E-) VEHICLE/EQUIPMENT SALES AND SERVICES Defined 204.10(ee)2 (see individual base districts for use standards) VEHICLE STORAGE Defined 204.10 (see individual base districts for use standards) VESTING TENTATIVE MAPS Amendment to Approved Vesting Tentative Map 252.12 Application 252.02 Expiration 252.08 Fees 252.06 Filing and Processing 252.04 Rights of a Vesting Tentative Map 252.10 VERY LOW INCOME HOUSEHOLD Defined 203.06 VISITOR ACCOMMODATION Defined 204.12(-IM)-). (see individual base districts for use standards) WAIVER Development Standards 241.22 Parcel Map 251.20 WATERFRONT LOTS Residential Standards 210.06(T) WET BAR Defined 203.06 L roLre 110U5 e- DeA-neat ?.Oci.jo. (see, Yldiy,'&tak 1+5 Index 29 01/05/94 WHOLESALING,DISTRIBUTION AND STORAGE Defined 204.12(E) (see individual base districts for use standards) WINDOW,REQUIRED Defined 203.06 WINDSCREENS Permitted 210.06(T) YARD Defined 203-06 Projections into Yards.230.68 (see individual base districts for use standards) ZONING AND SUBDIVISION ORDINANCE Applicability of Land Use Controls and Development Standards 202.04 Components 201.04 Consideration of Discretionary Applications 201.08 General Rules for Applicability of Zoning and Subdivision Ordinance 202.04 Organization 202.02 Purpose 201.06 Responsibility 202.10 Rules for Interpretation;Record-Keeping 202.08 Title 201.02 ZONING APPROVAL5 Environmental Review 240.04 Fees and Deposits 240.06 Required 240.02 ZONING ADMMSTRATOR Responsibilities 202.10(E),250.12(D) (see individual base districts) Index 30 01105/94 Ord. No. 3254 STATE OF CALIFORNIA ) COUNTY OF ORANGE } ss: CITY OF HUNTINGTON BEACH } I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven- that the foregoing ordinance was read to said City Council at an adjourned regular meeting thereof held on the 20th day of September, 1994, and was again read to said City Council at a regular meeting thereof held on the 3rd of October, 1994, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Councilmembers: Silva, Bauer, Robitaille, Moulton-Patterson Winchell, Leipzig, Sullivan NOES: Councilmembers: — None ABSENT: Councilmembers: None t, rponnie Broakwray CITY CLERK of the C:ty of Huntington Beach and�x-oficio ClenIt of me City. � Council,do tereuy c,F ill;that 3 aynVsis of.th;s ordinan;a ha::br210',Iddished in the Daily Pilot on City Clerk and ex-officio Clerk 49 of the City Council of the City in accordance with the City Ch,rter of said City. of Huntington Beach, California Connie., B,oc,-,��i�y - city Clerk Dep2M Cork INTENTIONALLI LEFT BLANK