HomeMy WebLinkAboutOrdinance #3645 ORDINANCE NO: 3645 Ord 3645
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE ENTITLED
SITE STANDARDS
The City Council of the City of Huntington Beach does hereby orda' as follows:
SECTION 1. Chapter 230 of the Huntington Beach Zoning an Subdivision Ordinance
is hereby amended to read as follows:
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Sections:
230.02 Applicability
Residential Districts
230.04 Front and Street Side Yards in Dev oped Areas
230.06 Religious Assembly Yard Requir ents
230.08 Accessory Structures
230.10 Accessory Dwelling Units
230.12 Home Occupation in R Distri is
230.14 Affordable Housing-Incenti es/Density Bonus
230.16 Manufactured Homes .
230.18 Subdivision Sales Office and Model Homes
230.20 Payment of Park Fee
230.22 Residential Infill Lot evelopments
230.24 Small Lot Developm nt Standards
230.26 (Reserved)
230.28 (Reserved)
230.30 (Reserved)
Non-Residential Districts
230.32 Service Sta ons
230.34 Housing o Goods
230.36 Transpo ation Demand Management
230.38 Game enters
230.40 Helic ter Takeoff and Landing Areas
230.42 Bed d Breakfast Inns
230.44 Re cling Operations
230.46 Si gle Room Occupancy
230.48 questrian Centers
230.50 ndoor Swap Meets/Flea Markets
230.52 (Reserved)
230.54 (Reserved)
230.5 (Reserved)
230. 8 (Reserved)
23 .60 (Reserved)
y
All Districts
230.62 Building Site Required
230.64 Development on Substandard Lots
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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 Antennae
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
230.94 Carts and Kiosks
230.96 Wireless Communication Facilities
230.02 Applicability
This 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 Title 21: 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. Within the coastal zone any such setback modifications
adopted by the Planning Commission shall be consistent with the Local Coastal Program.
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.
230.08 Accessory Structures
For purposes of applying these provisions, accessory structures are inclusive of minor accessory
structures, except where separate provisions are provided in this section.
A. Timin . 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 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 structure shall be setback 5 feet from the
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rear property line except no setback is required for accessory structures, excludin
garages and carports; which abut an alley.
Minor accessory structures maybe located in required side and rear yard setbac provided
that the structure is located in the rear two-thirds of the lot and a minimum fiv foot clearance
is maintained between said structure and dwelling if it is located in the requi ed side yard.
Minor accessory structures that are decorative such as landscape garden w s, fire pits,
freestanding barbecues/fireplaces, sculptures, and fountains may be locat d anywhere on the
property provided:
+ 1.They do not exceed 6-feet in height or exceed 42-inches in hei t when located within
the front yard setback and;
2.A minimum 5-foot clearance is maintained between said st cture and the dwelling if it
is located in a required side yard; and
3. Rock formations shall be setback 1-foot from the side d/or rear property lines for
each foot of rock formation height, maximum 5-foot etback required.
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Swimming Pools and S ides.
1. Pool heater ent shall be located in compliance with the Uniform Swimming Pool,
Spa and H Tub Code and;
2. Swimmin pool slides that are five feet or greater in height shall be setback a
minimu of five feet from the side and rear property lines.
Mechanical ui ment. May be located in required side and rear yard setbacks in
conformanc6 with Section 230.68. Mechanical equipment shall be located to minimize noise
impacts o contiguous properties as required by Section 230.22.
C . Maxi m Hsi ht. 15 feet, except a detached garage for a single family dwelling may exceed
the x>'mum height when it is designed to be architecturally compatible with the main
dwelling and does not include habitable floor area.
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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 Separation. The distance between buildings on the same lot shall not be less than 10 feet.
230.10 Accessory Dwelling Units
A. Permit Required. Accessory dwellings may be permitted in all R districts on lots with a
single family dwelling subject to-Director approval. Requests is shall be submitted to the
Director accompanied by the required Neighborhood Notification, 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 Director-shall approve-an
accessory dwelling unit-upon finding that the following conditions have been met:
1. The dwelling conforms to the design and development standards for accessory dwelling
units established in Subsection (B) of Section 230.10 and Section 230.22 A., of the
HBZSO;
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;
3. The main dwelling or the accessory dwelling is owner-occupied; and
4. Public and utility services including emergency access are adequate to serve both
dwellings.
B. Design and Development Standards.
1. Minimum Lot Size. 6,000 square feet.
2. Maximum Unit Size. The maximum square footage of the accessory dwelling unit shall
not exceed 650 square feet and shall not contain more than one bedroom.
3. Required Setbacks. Accessory dwelling units shall comply with minimum setbacks of
Chapter 210.
4. Height and Building Coverage. The basic requirements of Chapter 210 shall apply unless
modified by an overlay district.
5. Parking. All parking spaces shall comply with Section 231.18D.
6. Design. The accessory unit shall be attached to the main dwelling unit in 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 accessory 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.
C Ownership. The second unit shall not be sold separately from the main dwelling unit.
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D. Covenant Recorded. A covenant with the ownership requirements shall be filed f
recordation with the County Recorder within 30 days of Planning Department P Check
approval and prior to issuance of building permits. Evidence of such filing sh be submitted
to the Director within 30 days of approval.
E. Parkland Dedication In-lieu Fee. A parkland dedication in-lieu fee shall assessed as set by
resolution of the City Council pursuant to Section 230.20 and paid prior o issuance of the
building permit.
230.12 Home Occupation in R Districts
A. Permit Required. A home occupation in an R district shall requ' e a Home Occupation
Permit, obtained by filing a completed application form with t Director. The Director shall
approve the permit upon determining that the proposed hom occupation complies with the
requirements of this section.
B. Contents of Application. An application for a Home Oc pation Permit shall contain:
1. The name, street address, and telephone number o the applicant;
2. A complete description of the proposed home cupation, including number and
occupation of persons employed or persons r ained as independent contractors, amount
of floor space occupied, provisions for stora e of materials, and number and type of
vehicles used.
C. Required Conditions. Home occupations s 11 comply with the following conditions:
1. A home occupation shall be conducte entirely within one room in a dwelling.No
outdoor storage shall be permitted. arages shall not be used in connection with such
business except to park business v icles.
2. No one other than a resident of t e dwelling shall be employed on-site or report to work
at the site in the conduct of a h e occupation. This prohibition also applies to
independent contractors.
3. There shall be no display of erchandise,projects, operations, signs or name plates of
any kind visible from outsi e the dwelling. The appearance of the dwelling shall not be
altered, or shall the busin ss be conducted in a manner to indicate that the dwelling or its
premises is used for a no -residential purpose, whether by colors, materials, construction,
lighting, windows, sig , sounds or any other means whatsoever.
4. A home occupation s all not increase pedestrian or vehicle traffic in the neighborhood.
5. No commercial ve icle or equipment used in conjunction with the home occupation shall
be parked overni t on an adjacent street or in any yard visible from the street.
6. No motor vehic e repair for commercial purposes shall be permitted.
7. A home occu ation shall not include an office or salesroom open to visitors, and there
shall be no vertising of the address of the home occupation.
8. A Neighb rhood Notification shall be in compliance with Chapter 241 when a home
occupati n involves instruction and/or service, e.g. music lessons, beauty shop,
swimm' g lessons. Where a home occupation involves swimming instruction in an
outdo 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.
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9. 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 Incentives/Density Bonus
A. When a developer of a residential property which is zoned and general planned to allow five
(5) or more dwelling units proposes to provide affordable housing, 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.
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 open space requirements.
3. Approval of mixed use zoning in conjunction with the housing project if 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.
C. Target rents/mortgage pa. ents.
l. For the purpose of this section, units designated for moderate income household shall be
affordable at a rent or mortgage payment that does not exceed twenty-five percent(25%)
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 percent (30%) of
sixty percent (60%) 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 percent
(30%) of fifty percent (50%) of the Orange County median income as defined by the State
of California Department of Housing and Community Development.
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D. Affordability requirements.
1. Percentage of affordable units required. To qualify for a density bonus and/or o er
incentives,the developer of a residential project must agree to one of the follo ing:
a. Provide at least twenty percent (20%) of the total units of the housing velopment
for lower income households; or
b. Provide at least ten percent (10%) of the total units of the housing evelopment for
very low income households; or
c. Provide at least fifty percent (50%) of the total units of the ho sing development for
qualifying senior residents.
The density bonus shall not be included when determining th number of housing units
required to be affordable. Remaining units may be rented, Id, or leased at "market"
rates.
If a developer is granted a density bonus in excess of my-five percent (25%),those
additional units above the twenty-five percent (25%) ay be required to be maintained
affordable for "moderate income" households.
2. Duration of affordability. Units required to be of rdable as a result of the granting of a
density bonus and other incentives shall remain ffordable for thirty(30)years. If the
City does not grant at least one concession or ' centive pursuant to this chapter in
addition to the density bonus, or provides of r incentives in lieu of the density bonus,
those units required to be affordable shall r ain so for ten(10).years.
3. Affordable unit distribution and product ix. Affordable units shall be located
throughout the project and shall includ a mixture of unit types in the same ratio as
provided throughout the project.
4. Affordability agreement. Affordab' ity shall be guaranteed through an "Affordability
Agreement" executed between the developer and the City. Said agreement shall be
recorded on the subject property ith the Orange County Recorder's Office as provided in
Section 65915, et seq. of the C ifornia Government Code, prior to the issuance of
building permits and shall bec me effective prior to final inspection of the first unit. The
subject agreement shall be le ally binding and enforceable on-the property owner(s) and
any subsequent property o er(s) for the duration of the agreement. The agreement shall
include, but is not limited o,the following items:
a. The number of and uration of the affordability for the affordable units;
b. The method in w ich the developer and the City are to monitor the affordability of the
subject affordab a units and the eligibility of the tenants or owners of those units over
the period of t e agreement;
c. The method n which vacancies will be marketed and filled;
d. A descrip on of the location and unit type (bedrooms, floor area, etc.) of the
affordab a units within the project; and
e. Stand rds for maximum qualifying household incomes and standards for maximum
rent or sales prices.
5. City action. Pursuant to this section the City shall:
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a. Grant a density'bonus and at least one of the concessions or incentives identified in
Section 230.1813 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 Government Code. The value of the other incentives
shall be based on the land cost per dwelling unit.
E. Procedure.
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.
2. All subsequent City review of and action on the applicant's 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
Council.
3. The Planning Commission/City Council shall review the subject Affordability
Agreement... No project shall be deemed approved until the Affordability Agreement has
been approved by the City Council.
4. The Zoning Administrator/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 California 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 in addition to any other fees required for the processing of the conditional use
permit, environmental analysis, and/or any other entitlements required.
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F. Required findings for approval.
1. Densi . bonus. In granting a conditional use permit for a density bonus,the oning
Administrator/Planning Commission/City Council shall make all of the fol wing
findings:
a. The proposed project, which includes a density bonus, can be ade ately serviced by
the City and County water, sewer, and storm drain systems with t significantly
impacting the overall service or system.
ti r b. The proposed project, which includes a density bonus, will of have a significant
adverse impact on traffic volumes and road capacities, sc of enrollments, or
recreational resources.
c. The proposed project which includes a density bonus s compatible with the physical
character of the surrounding area.
d. The proposed project which includes a density b nus is consistent with the overall
intent of the General Plan.
e. If located within the coastal zone, the propo d project which includes a density
bonus will not result in the fill, dredge, or king of a wetlands.
2. Other incentives. A request for an addition incentive shall not be denied by the Zoning
Administrator, Planning Commission or C' y Council unless a finding is made that the
incentive is not necessary to the establis ent of affordable units.
In granting any other incentives as defi ed in this section,the Zoning
Administrator/Planning Commission/ ity Council shall be required to make all of the
following findings:
a. The granting of the proposed her incentive(s) will not have an adverse impact on the
physical character of the surr unding area.
b. The granting of the propo d other incentive(s) is consistent with the overall intent of
the General Plan.
c. The granting of the pr osed other incentive(s) will not be detrimental to the general
health, welfare, and s fety of persons working or residing in the vicinity.
d. The granting of the roposed other incentive(s) will not be injurious to property or
improvements in t e vicinity.
e. The granting of e proposed other incentive(s) will not impose an undue financial
hardship on th City.
f. If the other i centive is a modification of development standards,the granting of the
other incen ve is necessary to achieve the target affordable rents/mortgage payments
for the aff dable units.
g. The gra ing of the proposed other incentive will not result in the filling or dredging
of wet] nds.
230.16 Ma ufactured Domes
A. General equirements. 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
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district. Manufactured homes also may be used for temporary uses, subject to the
requirements of a temporary use permit issued under Chapter 241.
B. Location and Design Requirements. Manufactured homes may be 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:
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.
2. Design Criteria: Manufactured homes shall be compatible in design and appearance with
residential structures in the vicinity and shall meet the following standards:
a. Each manufactured 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 unit's 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 eave 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.
C. Cancellation of State 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, pursuant 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.
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230.18 Subdivision Sales Offices and Model Domes
Subdivision sales offices and model homes in conjunctionawith an approved subdivis' n is
permitted with the following requirements.
A. The office shall be discontinued within 30 days following sale of the last on- ite unit. A cash
bond shall be posted with the City in the amount of$1,000 for the sales of ce and $1,000 for
each model home to guarantee compliance with the provisions of this co e.
B. The developer or contractor shall furnish a site plan showing the plac ent of the sales office
and all model signs,parking signs, directional signs, temporary stru ures,parking and
landscaping.
C. No sales office shall be converted or expanded into a general b siness office for the
contractor or developer.
230.20 Payment of Park Fee
As a condition of development approval, all new commer ial and industrial development and all
new residential development not covered by Chapter 25 of Title 25, Subdivision Ordinance,
except for mobile home parks, shall pay a park fee. T fees shall be paid and calculated
according to a schedule adopted by City Council reso tion.
230.22 Residential Infill Lot Developments
The following Residential Infill requirements e intended to minimize impacts on contiguous
developed single family residential property d provide standards that insure compatibility and
appropriate design for projects located with' existing residential neighborhoods, unless to do so
would contravene the terms of an existing evelopment Agreement.
Infill development site plans and buildi design shall be harmonious and compatible with
streets, driveways,property lines, and rrounding neighborhood. Compatibility considerations
should include, but not be limited to, of size, lot frontages; building layout, building
configuration and design, building aterials,product type, grade height and building height
relative to existing dwellings, and sual intrusion concerns. The Director of Community
Development shall cause all requ is for plan check and issuance of building permits for
residential infill lot developmen to be reviewed in accordance with these requirements.
A. Privacy Design Standards
1. New residences and accessory dwelling units shall off-set windows from those on
existing residence to insure maximum privacy. The use of translucent glass or similar
material, shall be sed for all bathroom windows facing existing residences. Consider
locating window high on elevations to allow light and ventilation, and insure privacy.
2. Minimize the anyon effect between houses by clipping roof elevations on side yards.
Provide roof ine variations throughout a multi-dwelling infill development.
3. Provide ar itectural features (projections, off-sets)to break up massing and bulk.
4. Upper s ry balconies shall be oriented toward the infill house's front or rear yard areas, a
public treet or permanent open space.
B. Noise C nsiderations.
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1. Swimming pool/hot,tub equipment, air conditioning equipment, and other permanently
installed motor driven equipment shall be located to minimize noise impacts on
contiguous residences.
C. Pad Height.
1. Pad height for new construction shall match to the extent feasible pad heights of
contiguous residences. Any property owner/developer who intends to add fill above the
height of the existing contiguous grades shall demonstrate to the Community
y t Development Director and the City Engineer that the additional fill is not detrimental to.
surrounding properties in terms of compatibility and drainage issues.
D. Public Notification Requirements.
Ten (10) working days prior to submittal for plan check (plan review)the applicant shall
give notice of the application to adjacent property owners and the City of Huntington
Beach, Department of Community Development by first class mail. The notice of
application shall include the following:
a. Name of applicant;
b. Location of planned development, including street address (if known) and/or lot and
tract number;
c. Nature of the planned development, including maximum height and square footage of
each proposed infill dwelling unit;
d. The City Hall telephone number for the Department of Community Development to
call for viewing plans;
e. The date by which any comments must be received in writing by the Department of
Community Development. This date shall be ten(10)working days from plan check
(plan review) submittal; and
f. The address of the Department of Community Development.
2. The applicant shall submit a copy of each notice mailed and proof of mailing of the
notice(s) when submitting the application for plan check (plan review). The adjacent
property owners shall have ten (10) working days from plan check (plan review)
submittal to provide comments regarding the application to the Director of Community
Development. All decisions of the Director regarding the application shall be final.
230.24 Small Lot Development Standards
A. Permitted Uses. The following small lot development standards are provided as an
alternative to attached housing in multi-family districts. Small lot developments are
permitted in RM, RMH, and RH Districts (excluding RL Districts and RMH-A Subdistricts)
subject to approval of a Conditional Use Permit and Tentative Map by the Planning
Commission. The Design Review Board shall review and forward recommendations on all
small lot development proposals. These standards shall apply to all small lot subdivisions,
whether the tentative map is designed with single units per lot, or multiple units per lot
(condominium).
B. Design standards. The following standards shall be considered by the Zoning Administrator
or Planning Commission prior to development approval:
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l. Architectural features and general appearance of the proposed development s 1 enhance
the orderly and harmonious development of the area or the community as a ole.
2. Architectural features and complementary colors shall be incorporated i o the design of
all exterior surfaces of the building in order to create an aesthetically easing.project.
3. All vehicular access ways shall be designed with landscaping and uilding variation to
eliminate an alley-like appearance.
C. Development Standards. The following standards shall apply to 11 small lot developments:
Minimum Building Site or Lot Size 3,100 sq. ft. (3,400 s . ft. avg.)
Minimum Lot Frontage 40 ft.
Cul'de sac and knuckle 30 ft.
Maximum Height
Dwellings 30 ft.; max. stories except
3rd level pe itted<500 sq. ft.
Min. 5/12 oof pitch
No deck above the second story
Accessory Structures .15 ft.
Minimum Setbacks
Front
Dwelling 1 ft. + offsets in front fagade
Covered Porches (unenclosed) ft.
Garage 8 ft
Upper Story Upper story setback shall be varied
Side 8 ft. aggregate, min. 3 ft.
0 ft.,permitted with min. 8 ft. on other side
Street Side 10 ft.; includes min. 4 ft. landscape lettered lot
(6 ft. between bldg. and prop. line)
Rear
Dwelling 15 ft.; 50% of bldg. width may be at 13 ft.
Garage 3 ft.; 0 ft. if garage is designed to back to another
garage
Maximum Lot Coverag 50%+ 5% for covered porches, patio covers,
balconies.
Maximum Floor Ar a Ratio (FAR) 0.7
Minimum Interio Garage Min. 400 sq. ft.;
Dimension (wid x depth) min. 18 ft. wide
Minimum Bu ding Separation to 6 ft.
Accessory Building
Open Spa'e
Com on recreational area Projects of 20 units or more:
(project) 150 sq. ft./unit;
- min. 5,000 sq. ft.; min. 50 ft. dimension.
Projects less than 20 units:
ord/04zoning/chap 230/4/5/04 13
Ord 3645
Min. 600 sq. ft. private and/or common per unit.
Private open space excludes side and front yard
setback areas.a.Common open space requires min.
10 ft. dimension.
Required Parking Small lot developments shall provide parking
consistent with single family residential
developments specified in Chapter 231. In
addition, minimum 1 on-street space per unit for
guest/visitor parking shall be provided.
A parking plan depicting the location of all parking
spaces shall be submitted with the conditional use
permit application.
Street Sections
Streets The city shall review proposed street sections upon
submittal of the tentative map and conditional use
permit applications.
Min. 36 ft. curb to curb may be permitted provided
all units in the development are equipped with
automatic sprinkler systems—On-street parking
shall be provided on both sides of the street.
Sidewalks/Parkways Sidewalks shall be provided on both sides of the
street.
Min. 6 ft. landscape parkways may be provided on
both sides of the street. Sidewalk widths shall be
designed to Public Works Standards.
Walls and Fences Block walls required; may allow wrought iron
element where appropriate
Landscaping Tree wells adjacent to landscape parkways on the
street side of curb is encouraged, however shall not
encroach into the min. 24 foot wide drive aisle.
Also see Chapter 232 Landscaping
230.26 (Reserved)
230.28 (Reserved)
230.30 (Reserved)
Non-Residential Districts
230.32 Service Stations
The following supplemental development standards shall apply to the Service Station use
classification.
ord/04zoning/chap 230/4/5/04 14
Ord,3645
A. Minimum parcel size. 22,500 square feet.
B. Minimum frontage. 150 feet and located at the intersection of arterial highways.
C. Site Layout. Conditions of approval of a conditional use permit may impose re rictions on
outdoor storage and display and location of pump islands, canopies and servic bay openings
and require buffering, screening, lighting, or planting areas necessary to avo' adverse
impacts on properties in the surrounding area.
D. Design standards.
1. In reviewing proposals, emphasis shall be placed on quality desi of building materials
and landscape features. Service stations shall be designed so t t form and'scale are
harmonious and consistent with the character of the specific ' e,the adjacent uses and
structures, and the general neighborhood.
2. The location, number, and design of driveways as well a on and off-site traffic
circulation impacts shall be analyzed.
3. Service bay openings shall be designed to minimize e visual intrusion on surrounding
streets and properties. A maximum of 3 service b s shall be permitted per site, none of
which shall face a public right-of-way.
4. Lighting shall be of low profile design, indirec or diffused, and shall create no negative
impact on surrounding uses.
5. A minimum 10 percent of the site shall be andscaped. Landscaping plans shall conform
to all applicable provisions of Chapter 23 as well as conform to the following
requirements:
a. A 3 foot-wide planter(inside di nsion) along interior property lines shall be
provided, except at vehicular cir ulation openings. Additional landscaping may be
required to screen service bays rom surrounding properties.
b. A 600 square-foot planter w' h a minimum dimension of 20 feet shall be provided at
the corner of intersecting s eets.
c. A total of 70 square feet f planting area shall be located adjacent to and on the street
side of the main buildi
6. Buildings shall conform the setback regulations stated for the district in which the site
is located. Pump islan and canopy structures shall maintain the following minimum
setbacks from street si e property lines:
Pump island: 20 fe t
Canopy: 10 eet with ground clearance of 12 feet
E. Storage of Materia and Equipment. The provisions of Section 230.74, Outdoor Facilities,
shall apply, excep that a display rack for automobile products no more than 4 feet wide may
be maintained at ach pump island of a service station and a single tire storage display no
more than 8 fe high and 16 feet long may be located on the site of a service station. If
display racks e not located on pump islands, they shall be placed within 3 feet of the
principal bu' ding, and shall be limited to 1 per street frontage. Outside storage of motor
vehicles fo more than 24 hours (7 days if the vehicle is actively being serviced) is prohibited,
except as rovided for truck and utility trailer rentals. The location of display racks and
vending achines shall be specified by the conditional use permit.
ord/04zoning/chap 230/4/5/04 15
Ord 3645
F. Accessory 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.
1. Convenience markets are permitted provided no automotive repair or truck 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 trucks do not exceed 25 feet in
length and are stored a minimum of 50 feet from the street property lines.
230.34 Dousing 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. Purpose 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 transportation 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. Carpool: Two (2)to six (6) persons traveling together in a single vehicle.
3. Employee: 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. Employer: 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 Development: Means new development projects that integrate any one of
these land uses with another: residential, office, commercial, industrial and business
park.
ord/04zoning/chap 230/4/5/04 16
Ord 3645
7. Tenant: Means the lessee of facility space at a development project who may also erve
as an employer.
8. Transportation Demand Management (TPM): Means the implementation o rograms,
plans or policies designed to encourage changes in individual travel behav' r. TDM can
include an emphasis on alternative travel modes to the single occupant v icle (SOV)
such as carpools, vanpools and transit; and reduction of VMT and the ber of vehicle
trips.
9. Vanpool: Means,a vehicle occupied by seven(7) or more persons raveling together.
10. Worksite: Means a building or group of buildings which are u der common ownership
and the place of employment, base of operation, or predomin a location of an employee
or group of employees.
C. Applicability:
1. These provisions apply to commercial, industrial, ins ' utional, or other uses which are
determined to employ 100 or more persons, as dete ined by the employee generation
factors specified under subsection 4. This include any permit for existing facilities that
already have 100 or more employees or will hav 00 or more employees.
2. These provisions apply to all districts, planne communities and specific plan areas
including those covered by development agr ements. These provisions shall supersede
other ordinances with which there is a con ct.
3. Notwithstanding "1" above, the followi uses and activities shall be specifically exempt
from the provisions of this section:
a. Temporary construction activiti on any affected project, including activities
performed by engineers, archit cts, contract subcontractors and construction workers.
b. Other temporary use classif ations or as authorized by the Zoning
Administrator/Director w n such temporary activities are for a period not to exceed
30 days and held no mor than once a year.
4. Employee generation fact s shall be based on one of the following:
a. Employment projec ons developed by the property owner, subject to approval by the
Director;
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ord/04zoning/chap 230/4/5/04 17
Ord 3645
b. Building sizes shall be considered equivalent to the 100 employee threshold as
follows:
Building Size (in square feet)
Type of Use Equivalent to 100 Employees
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 standards: Development projects subject to this 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 Only":
Percent of Total Parking Devoted to
Type of Use Employee Carpool Parking
Office Professional 13%
Hospital and Medical/Dental Office 9%
Industrial/Warehouse 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.
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 1 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.
ord/04zoning/chap 230Y4/5/04 18
Ord 3645
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 1 ek.
4. Commuter Information Areas
A commuter information area shall be provided to offer employees appr priate
information on alternative transportation modes. This area shall be ce trally located and
accessible to all employees or tenants and shall be sufficient size to commodate such
information on alternative transportation modes.
5. Passenger Loading Areas
Unless determined unnecessary by the decision-maker, per tle 24, passenger loading
areas to embark and disembark passengers from rideshare ehicles and public
transportation shall be provided as follows:
a. Passenger loading area shall be large enough to a ommodate the number of waiting
vehicles equivalent to 1% of the required parki for the project.
b. The passenger loading areas shall be located s close as possible to the identified
employee entrance(s), and shall be designe in a manner that does not impede
vehicular circulation in the parking area in adjoining streets.
6. Parking for Vanpool Vehicles
Unless determined unnecessary by the ecision-maker, per Title 24, parking for vanpool
vehicles shall be provided as follows-
a. The number of vanpool parki spaces shall be at least 1% of the employee carpool
parking spaces and reserved or such by marking the spaces "Vanpool Only."
b. For parking structures, v pool vehicle accessibility shall include minimum 7 2"
vertical clearance.
c. Vanpool parking spa c s shall be located near identified employee entrance(s) or other
preferential location .
7. Bus Stops
Unless determined nnecessary by the decision-maker, per Title 24, bus shelter,pullouts,
and pads shall be rovided as necessary in consultation with affected transit service
providers.
230.38 Game enters
The following s plemental requirements shall apply to the operation of game centers, including
mechanical or lectronic games or any other similar machine or device, in order to control the
location and ours of operation of game centers so as not to allow school children to play the
games duri g school hours or to encourage minors to congregate in areas close to commercial
establis ents that sell alcoholic beverages. The following conditions shall apply:
A. Ad t Mana er. At least one adult manager shall be on the premises during the time a game
c ter is open to the public.
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Ord 3645
B. Hours of Operation for Minors under 18 Years of Age. 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.
C. Locational Criteria. A game center shall not be permitted within 2,500 feet of a school site,
300 feet of the boundary of a residential district, or within 500 feet of a liquor store, a
nightclub, cocktail lounge or bar. The distance shall be measured as walking 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.
D. Restrictions. The Director 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 Required. A conditional use permit may be issued for the construction and operation
of a heliport, helipad, or helistop if the Planning Commission finds that:
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 of approval on 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. Locational Criteria.
1. Minimum Separation. 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 located 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 may be 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 minimum
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;
ord/04zoning/chap 230/4/5/04 20
Ord 3645
c. Administrative or,operations building - 15 feet.
3. Any lighting used for nighttime operations shall be directed away from adjace
properties and public rights-of-way.
4. A telephone shall be provided on or adjacent to the heliport, helipad or h istop.
5. Helipads or helistops intended for emergency use shall have a landin ad with a standard
landing area designated and the words "Emergency Only." The init' direction of the
departure routes shall be indicated on the takeoff and landing area
D. Application Requirements. The following additional.information all be submitted with a
conditional use permit application:
1. An area map, at a scale of 1" = 800' showing existing land se 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 ithin a 400-foot radius of the
takeoff and landing area,that shows clearly the heig of the takeoff and landing area; the
height of existing, approved and proposed structur and trees within 50 feet of the
approach and takeoff flight paths; and the maxim allowable building height under
existing zoning.
3. A description of the proposed operations, incl ding the type of use, names and
descriptions of helicopters expected to use facility, and anticipated number and timing
of daily flights.
4. A helicopter noise study including a ma of the approach and departure flight paths at a
scale of V = 800' showing existing day ight average noise levels in decibels (LDN noise
contours), future day/night average n 'se levels with the proposed facility and anticipated
flight operations, and single-event ximum sound levels associated with the types of
helicopters expected to use the faci ty.
230.42 Bed and Breakfast Inns
A. Permit Required. The Zoning Ad inistrator may approve a conditional use permit for a bed
and breakfast inn in a G Comme cial General District and Planning Commission may
approve a conditional use pe t in the RMH-A District and the Commercial Visitor District
after a duly noticed public he ing upon finding that:
1. The bed and breakfast i will be operated by a property owner living on the premises;
2 The bed and breakfa inn conforms to the design and development standards of
Subsection (B) of t s section and is compatible with adjacent buildings in terms of
building materials colors and exterior finishes; and
3. Public and utili services, including emergency access, are adequate to serve the bed and
breakfast inn.
B. Design and De elo ment Standards.
1. Minimu Size and Maximum Number of Guest Rooms. The inn shall contain at least
2,000 uare feet, but no more than six rooms shall be rented for lodging.
2. Parki The requirements of Chapter 231 shall apply.
ord/04zoning/chap 230/4/5/04 21
Ord 3645
3. Si ns. 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 shielded from view, but no internal
illumination from an interior'light source shall be permitted.
230.44 Recycling Operations
r 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.
230.46 Single Room Occupancy
Single room occupancy(SRO) shall comply with the following requirements:
A. General 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, excluding the
manager's unit and up to 25 percent of the total number of units which have double
occupancy.
3. 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, overnight guest policy, security program including
video cameras monitoring building access points at every floor, rental procedures and
proposed rates, maintenance plans, staffing needs, and tenant mix, selection and
regulations. Income levels shall be verified by a third party and submitted to the City of
Huntington Beach as part of the annual review.
4. An on-site, twenty-four(24) hour manager is required 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 300 square feet in size.
5. Rental procedures shall allow for monthly tenancies only; deposit requirements shall be
specified.
6. All units within SRO projects shall be restricted to very low and low income individuals
as defined by the City's housing element, with the exception of the twenty-four(24)hour
manager. Rental rates shall be calculated using a maximum of 30% of income toward
housing expenses based on County of Orange income figures.
7. Each SRO project shall be subject to annual review by the City which includes the review
of management services. The management services plan shall define third party
verification criteria. The SRO project owner shall be responsible for filing an annual
report to the Planning and Economic Development Departments which includes the range
of monthly rents, the monthly income of residents, occupancy rates, and the number of
vehicles owned by residents.
ord/04zoning/chap 230/4/5/04 22
Ord 3645
8. 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. i
B. Unit Requirements.
1. Minimum unit size shall be 250 square feet except double occupancy unit shall be a
minimum of 400 square feet,
2. Maximum unit size shall be three hundred (300) square feet excludin manager's unit and
double occupancy units.
3. Each unit shall contain a kitchen and bathroom.
a. Kitchens shall contain a sink with garbage disposal, coun r top (minimum 16" x
24"), refrigerator, and stove/oven unit and/or microwav
b. If stoves/oven units are not provided in each unit, the stoves/oven units shall be
provided in a common kitchen area(s).
c. Bathrooms shall contain a lavatory, toilet, and sh wer or bathtub.
d. Each unit shall have a minimum forty-eight (4 cubic feet of closet/storage space.
C. Project Requirements.
1. Common recreational space shall be provide in each project as follows:
a. Minimum common recreational space hall be four hundred (400) square feet.
b. For projects exceeding thirty(30)u its, an additional 10 square feet of recreational
space per unit is required.
Units that are 400 square feet o greater shall have a minimum of 15 square feet of
recreational space per unit.
c. Common recreational spac may be indoor or outdoor provided there is at least forty
percent (40%) allotted to d indoor space and forty percent (40%) outdoor space;
the balance may be eithe indoors or outdoors.
d. Common recreational pace may be in separate areas provided each space is not less
than two hundred (2 ) square feet in size and has no less than a ten (10) foot
dimension.
2. A single controlled e tryway for routine ingress and egress shall be situated adjacent to
and in full view of e manager's desk.
3. A secured office rea shall be incorporated in the facility for the storage of confidential
resident record and security office personnel.
4. Mailboxes s 11 be provided for each unit located near the lobby in plain view of the entry
desk.
5. Handicap access facilities shall be as required by applicable state or local law.
6. At lea one handicapped-accessible unit shall be required for every twenty (20) units.
7. Lau dry facilities shall be provided in a separate room in a location near the common
indoor recreational space. Washers and dryers may be coin operated.
ord/04zoning/chap 230/4/5/04 23
Ord 3645
8. A cleaning supply,storeroom and/or utility closet with at least one (1) laundry tub with
hot and cold water on every floor shall be provided on every floor.
9. Storage Lockers
a. Storage lockers shall be provided in a secured area.
b. The cumulative total of locker space shall be no less than a ratio often (10) cubic feet
per unit.
10. All common indoor space areas shall have posted in a conspicuous location a notice from
the City's Planning Department regarding contact procedures to investigate housing code
violations.
11. Bicycle stalls shall be provided at a minimum of one (1) stall per five (5) units in a
secured and enclosed and covered area.
12. Trash disposal chutes as well as a centralized trash area shall be provided on all
multi-story projects.
13. A minimum of two (2)pay telephones shall be provided in the lobby area. The telephone
service shall only allow outgoing calls.
14. Phone jack(s) shall be provided in each unit.
15. A shipping and receiving/maintenance garage shall be provided near a convenient
vehicular access on the ground floor.
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.
B. Design and Development Standards.
1. Minimum Parcel Size/Frontage. The minimum lot size and lot frontage shall be:
Area Frontage
Temporary facilities: 2 acres 100 feet
Permanent facilities: 5 acres 100 feet
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 (5,000) square feet per fifteen (15)
horses. For facilities with over one hundred (100) horses, two separate arenas shall be
provided. In the alternative, off-site riding area shall be provided 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.
ord/04zoning/chap 230/415/04 24
Ord 3645
(d) The minimum arena size shall be ten thousand (10,000) square feet with no
dimension less than eighty(80) feet.
3. Maximum Building Height. Maximum building height shall be thirty(30) feet.
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 any 300 feet
residential zone or use:
5. Corral Design. Corrals designed for one horse shall com y with the following
requirements. Corrals designed for more than one hors shall provide a minimum area
per horse as indicated below. All corrals, racks and st is 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
(b) Each corral shall have an approved ter system with automatic drinking controls
provided.
(c) Box stalls may be provided in li of horse corrals. Such stalls shall be a minimum of
144 square feet with no dimen 'on less than twelve (12) feet.
6. Wash rack. One wash rack per irty-five (35)horses or fraction thereof shall be
provided subject to the follow' g requirements. Wash racks designed for more than one
horse shall provide a minimu area per thirty-five (35) horses as indicated below:
(a) Individual wash racks all be 6 feet by 8 feet.
(b) Each wash rack sha have an approved watering system and be connected to a sewer
facility with a bac -siphon device at the water source.
(c) A concrete slab oor shall be provided.
C. Insect and Rodent C ntrol.
1. Feed mangers r boxes shall not be placed near water sources.
2. Nonleak va es shall be provided for all troughs, bowls, cups and other water sources.
3. Automat' valves or sanitary drains shall be provided for large troughs or cups.
4. Gradi g in paddocks and corrals shall be properly integrated into a master drainage plan
to pr vent ponding of water. Shelters shall be sloped away from the center of the corrals,
or rain gutters shall be installed to the exterior of the corral.
ord/04zoning/chap 230/4/5/04 25
Ord 3645
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 hay shall be located a minimum of fifty
(50) feet away from any horse enclosure.
D. Miscellaneous Operating Requirements.
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.
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 17.56, 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.
E. Off-street Parking and Landscaping.
1. Parking and circulation design shall comply with the standards outlined in Chapter 231.
In 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 lines.
ord/04zoning/chap 230/4/5/04 26
Ord 3645
230.50 Indoor Swap Meets/.Flea Markets
Indoor swap meets/flea markets shall comply with the following requirements:
A. Conditional Use Permit Required. Indoor swap meets/flea market uses may b permitted as
temporary uses only upon approval of conditional use permit by the Plannin Commission
for a period of time not to exceed ten (10) years. One year extension of ti may be granted
after public hearing by the Planning Commission.
B. Location Considerations: The Planning Commission shall consider t following issues
when evaluating a proposed conditional use permit:
1. The site's proximity to residences, schools, hospitals and oth r noise sensitive uses.
2. The potential adverse impacts on traffic circulation and p estrian safety.
3. The site's proximity to other indoor swap meets/flea kets to avoid overconcentration
of facilities.
4. The site's proximity to businesses processing haz dous materials.
C. Location Criteria.
1. Indoor swap meet/flea market uses shall onl be allowed on property located adjacent to
arterial streets.
D. Minimum Building Size.
1. Minimum building gross floor area s all be one hundred thousand(100,000) square feet.
E. Miscellaneous Requirements.
1. Ancillaa Uses. Ancillary uses ay be permitted as included on the approved site plan.
Such uses shall be included a part of the initial conditional use permit requirements or
shall be subject to new entit ment if proposed after the initial application has been filed.
2. Signs. Individual vendor shall not be permitted any outdoor signs, including temporary.
Signs shall comply with he standards outlined in Chapter 233.
3. Parking. Parking sha comply with the standards outlined in Chapter 231.
230.52 (Reserved)
230.54 (Reserved)
230.56 (Reserved)
230.58 (Reserved
230.60 (Resery d)
All Districts
230.62 Building Site Required
No b ' ding or structure shall be erected or moved onto any parcel of land in the city except on a
lot ce1rtified in compliance with the Subdivision Map Act and local subdivision and zoning
ord/04zoning/chap 230/4/5/04 27
Ord 3645
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.
230.64 Development on Substandard Lots
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 the 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.
REST OF PAGE NOT USED
ord/04zoning/chap 230/4/5/04 28
Ord 3645
230.68 Building Projections Into Yards and Courts
Projections into required yards and courts shall be permitted as follows:
ALLOWABLE PROJEECTIONS IN FEETa
Front Side Street ide Rear
Yard Yard Y rd Yard
Fireplace or chimney 2.5 2.5b 2.5 2.5
Cornice, eaves and ornamental features 3 2.5b 3 3
Mechanical equipment 2 2b 2b 2
Uncovered porches,terraces, platforms, 6 4 5
subterranean garages, decks, and patios not more
than 3 feet in height serving only the first floor
Stairs, canopies, awnings and uncovered porches 4 2b 4 4b
more than 3 feet in height
Bay windows .5 2.5b 2.5 2.5
Balconies 3 2b 3 3
Covered patios 0 0 5c 5
Notes: allo individual projection shall exceed /3 of the building length, and the total of all
projections shall not exceed 2/3 of th building length on which they are located.
bA 30-inch clearance from the pro rty line shall be maintained.
cNo projection shall extend mor than 1/2 the width of the street side yard.
230.70 Measurement of Height
This section establishes standards for etermining compliance with the maximum building height
limits prescribed for each zoning dis ict or as modified by an overlay district.
A. Datum (100) shall be set at the ighest point of the curb along the front property line. If no
curb exists, datum shall be se at the highest centerline of the street along the front property
line.
B. The differential between p of subfloor and datum shall be a maximum of two (2) feet as
determined by Public W rks. In the event that any subfloor, stemwall or footing is proposed
greater than two (2) fe above datum, the height in excess shall be deducted from the
maximum allowable dgeline height.
C. Lots with a grade ifferential of three (3) feet or greater between the high point and the low
point, determine before rough grading, shall be subject to conditional use permit approval
by the Zoning dministrator. Conditional use permit approval shall be based upon a building
and grading p which terraces the building with the grade and which is compatible with
adjacent devel ment.
ord/04zoning/chap 230/4/5/04 29
Ord 3645
230.72 Exceptions to Height Limits
Chimneys; vent pipes; cooling towers; flagpoles; towers; spires; domes; cupolas; parapet walls
not more than 4 feet high; water tanks; fire towers; transmission antennae (including wireless
communication facilities); radio and television antennas (except satellite dish antennae); 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.
Within the coastal zone exceptions to height limits may be granted only when public visual
resources are preserved and enhanced where feasible.
230.74 Outdoor Facilities
A. Permit Required. 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 with alcoholic beverage service and/or 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 Conditions: 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 the conditional use
permit application.
C. Exceptions. 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/Equipment 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.
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.
ord/04zoning/chap 230/4/5/04 30
Ord 3645
B. Utility Meters and Backflow Prevention Devices. 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 vault. Backflow prevention devices shall not be located�the
front yard setback and shall be screened from view.
C. Screening Specifications. A mechanical equipment plan shall be submitted t the.Director to
ensure that the mechanical equipment is not visible from a street or adjoini lot.
230.78 Refuse Storage Areas
A. Refuse storage area screened on three sides by a 6-foot masonry w 1 and equipped with a
gate, or located within a building, shall be provided prior to occu ancy for all multi-family
residential, commercial, industrial, and public/semipublic uses. ocations, horizontal
dimensions, and general design parameter of refuse storage ar as shall be as prescribed by the
Director, subject to appeal to the Planning Commission. Th trash area shall not face a street
or be located in a required setback. The design and materi s used in such trash enclosures
shall harmonize with the main structure.
230.80 Antennae
A. Purpose. The following provisions are establishe to regulate installation of antennae to
protect the health, safety, and welfare of persons iving and working in the City and to
preserve the aesthetic value and scenic quality f the City without imposing unreasonable
limitations on, prevent the reception of signal , or imposing excessive costs on the users of
the antennae.
B. Permit Required. Approval by the Direct r shall be required for the installation of an antenna
or satellite antenna to ensure complianc with the locational criteria. Construction shall be
subject to the provisions of the Unifo Building Code and National Electrical Code, as
adopted by the City. Within the coas 1 zone, approval of a coastal development permit shall
be required for installation of any a enna that meets the definition of development in Section
245.04 unless it is exempt pursuan to Section 245.08.
C. Locational Criteria: Satellite ennae. A satellite antenna may be installed on a lot in any
zoning district if it complies w' h the following criteria:
1. Number: Only one sate] to antenna may be permitted on a residential lot.
2. Setbacks: Interior sid and rear property lines, 10 feet, except that no setback shall be
required in interior s' e and rear setback areas if the antenna or satellite antenna does not
exceed 6 feet in hei ht. No antenna or satellite antenna shall be located in a required
front yard. When oof-mounted, the antenna or satellite antenna shall be located on the
rear one-half of t e roof.
3. Maximum Hei lit:
a. The ma mum height of a satellite antenna shall not exceed 10 feet if installed on the
ground r the maximum building height for the district in which the satellite antenna
is loc ed, if roof-mounted.
b. Th maximum height of an antenna shall not exceed the maximum building height for
th district in which the antenna is located.
4. Ma imum Dimension: The maximum diameter of a satellite antenna shall not exceed 10
fe t in all districts with the exception that the diameter may be increased in
ord/04zonin'ZJ'ap 230/4/5/04 31
Ord 3645
non-residential districts if a conditional use permit is approved by the Zoning
Administrator.
5. Screening: The structural base of an antenna or satellite antenna, including all bracing
and appurtenances, but excluding the antenna or 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.
6. Undergrounding: All wires and/or cables necessary for operation of the antenna or
satellite 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 structure of the antenna or
satellite antenna.
7. Surface Materials and Finishes: No advertising or text or highly reflective surfaces shall
be permitted.
8. Exception: Requests for installation of an antenna or satellite antennae on sites that are
incapable of receiving signals when installed pursuant to the locational criteria may be
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 necessary for the reception of usable antenna or satellite
signals. Applications shall be 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.
230.82 Performance Standards For All Uses
A. Applicability and Com lip •ance. 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. Air 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. Storage 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.
230.84 Dedication and Improvements
A. Dedication Required. Prior to issuance of a building permit, or prior to the use of land for
any purpose, all real property shall be dedicated or irrevocably offered for dedication which
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.
B. Exceptions. Dedication shall not be required prior to issuance of a building permit for:
1. 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.
ord/04zoning/chap 230/4/5/04 32
Ord 3645
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 Unifqrm Building Code, and add no
additional residential units.
3. Fences and walls.
4. Temporary uses, as specified in this code.
5. Horticultural Uses. The dedication herein required may be reviewed at t time of
entitlement. Upon request by the applicant, a temporary postponement of 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 the proposed use on traf c in the vicinity of the site.
d. Relationship between the proposed requirements an anticipated expanded use.
e. Dedication shall not be required for any purpose of reasonably related to such
horticultural use.
C. Dedication Determinants. Right-of-way dedicatio idth shall be determined by either of the
following:
1. Department of Public Works standard plan ; or
2. A precise plan of street, highway or alle alignment.
D. Improvements.
1. No building permit shall be issue y the Building Division until an application for
permit has been filed, street imp vements plans and specifications have been submitted
for plan check, and all fees, est lished by resolution of the City Council, have been paid.
The Building Division shall i ue such building permit after determining that the work
described in the application#d the accompanying plans conforms to requirements of the
Huntington Beach Buildin Code and other pertinent laws and ordinances.
2. The Building Division s all make a frame inspection, as required by the Huntington
Beach Building Code, t which time all off--site improvements, including curbs, gutters,
and street paving, sh be completed.
3. Improvements req red by this code may be deferred in the following instances and upon
adherence to the llowing requirements and regulations:
a. Where the rade of the abutting right-of-way has not been established prior to the
time whe on-site structures qualify for final release for occupancy.
b. Whe/ean
rainage system would be delayed by the installation of improvements.
c. Whe agreement is entered into with the City to install improvements by a date
Fce in, said agreement shall be secured by a bond or deposit equal to 150 percent of
t City's estimate (including inflation estimates) of the required improvements. Such
and or cash shall be deposited with the City Treasurer.
ord/04zonint/chap 230/4/5/04 331
Ord 3645
d. Where the developer has agreed with the City in writing that the deposit required by
subsection (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 the 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.
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 main 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.
230.86 Seasonal Sales
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. Merchandise to be Sold. A permitted Christmas tree or Halloween pumpkin sales 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. Site Standards.
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. Bond Required. 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
ord/04zoning/chap 230/4/5/04 34
Ord 3645
structure, cleanup 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.
E. Removal of facility. The seasonal sales facility shall be removed and the premises eared of
all debris and restored to the condition prior to the establishment within ten cale ar days of
Halloween, Christmas, or the expiration of the time limit for single season agr' ultural
product.
230.88 )Fencing and Yards
No portion of a required yard area provided for a structure on a lot shal a considered as part of
the yard area for any other structure on the same or an adjacent lot. I all districts,'minimum
setback lines shall be measured from the ultimate right-of-way line. iagrams A, B and C are
hereby adopted to illustrate the provisions of this chapter. Where y discrepancy occurs
between the diagrams and the printed text,the text shall prevail: ards and fencing shall comply
with the following criteria in all districts or as specified.
A. Permitted Fences and Walls.
1. Fences or walls a maximum of forty-two (42) in es in height may be located in any
portion of a lot, except screen walls on lots in t e RMH-A subdistrict shall be set back a
minimum of three (3) feet from the front pro rty line. Fences or walls exceeding
forty-two (42) inches in height may not be 1 Gated in the required front yard, except as
permitted elsewhere in this Section.
2. Fences or walls a maximum of six (6) f et in height may be located in required side and
rear yards, except as excluded in this ection. Fences or walls exceeding six (6) feet in
height may be located in conforman with the yard requirements applicable to the main
structure except as provided for he in or in the regulations of the district in which they
are located.
a. Fences and walls located a jacent to arterials along the rear and/or street side yard
property lines, and behin the front setback, may be constructed to a maximum total
height of eight(8) feet i cluding retaining wall with the following:
(1) The propose uilding materials and design shall be in conformance with the
Urban Desi Guidelines.
(2) Extension to existing wall(s) shall require submittal of engineering
calculati s to the Building and Safety Department.
(3) The pro erty owner shall be responsible for the care and maintenance of
lands c pe area(s) and wall(s) and required landscape area(s).
(4) App val from Public Works Department.
3. Fences or wa s in the rear yard setback area of a through-lot shall not exceed forty-two
(42) inches ' height. This subsection shall not apply to lots abutting arterial highways.
4. In the district, garden or wing walls or fences equal in height to the first floor double
plate, b t not exceeding nine (9) feet, which are perpendicular to and entirely within a
side y d may be constructed to the interior side property line and to within five (5) feet
of*exterior side property line provided they are equipped with a three(3) foot gate or
/accssway.
5n residential property abuts open or public land or property zoned or used for office,
mercial, or industrial purposes, an eight (8) foot high solid masonry or block wall
be constructed on the common side or rear property line.
ord/04zoning/chap 230/4/5/04 35
Ord 3645
6. Only at the time of initial.construction of the dwellings and 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.
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) ft. 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.
d. (1) 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.
(2) In the RMH-A subdistrict, the maximum height of a retaining wall on the front
property line shall be eighteen (18) inches as measured from the top of the
highest adjacent curb. Subject to the Director's approval, a second retaining wall
up to eighteen (18) inches in height may be erected above the eighteen (18) inch
high retaining wall with a minimum three (3) foot front setback. A wall or fence
up to forty-two (42) inches in height may be erected on top of the retaining wall
with the minimum three foot front setback. (See Exhibit below.)
a AN
j Required
1''�" Tree/Palm
C
Landscaping
I
Front �I Building*
nrnnertv line
j MqV 47"
Patio
I
ord/04zoning/chap 230/4/5/04 36
I
Ord 3645
Max.18".
`.
Sidewalk/Parkway Max.18" '
*See Maximum building height in Chapter 210
e. All retaining walls abutting a street shall be waterproofed to the tisfaction of the
Director.
f. Retaining wall and fence combinations over eight (8) feet ' height shall be
constructed with a variation in design or materials to sho the distinction. Retaining
wall and fence combinations over six (6) feet in height all be designed without
decorative block or cap block, except if equal in stre th to the main portion of the
fence.
8. The height of any fence, wall or hedge located in the ront yard setback shall be measured
from top of the highest adjacent curb. All other fe ce heights shall be measured from
existing grade.
9. Any fence or wall located on the front propert line shall be approved by the Department
of Public Works.
10. In the industrial districts, nine(9) foot hi fences may be permitted in the side and rear
setbacks up to the front building line su ect to plan review approval by the Director.
11. Deviations from the maximum heigh requirements for walls as prescribed by this Section
may be permitted subject to an appr val of conditional use permit by the Zoning
Administrator. In the RL and RM -A Districts deviations from maximum height
requirements for walls in front y d setback may be.permitted subject to the following
conditions and plan review app val from the Director:
a. Proposed wall/fence all match existing fencing material of subject site or an
improvement theret ; and
b. A minimum ten fo t setback in the RL District, and seven foot setback in the
RMH-A District all be maintained for any fence over 42 inches in height in the
front yard setba which may be constructed to a maximum height of six feet; and
c. Front setback all be fully landscaped; and
d. Hardscape s 11 not qualify as required landscaping; and
e. Location of ence shall comply with visibility requirements of this section; and
f. Neighbor od Notification shall be required pursuant to Chapter 241.
12. Within the coa al zone, no gate, fence or wall shall be permitted that restricts or
obstructs pub 'c access to the shore.
B. Re uired Wall .
1. When of ice, commercial or industrial uses abut property zoned or used for residential, a
six (6) oot high solid six (6) inch concrete block or masonry wall shall be required. If a
wall eeting these standards already exists on the abutting residential property,protection
fro vehicle damage shall be provided by a method approved by the Director. The
in imum fence height shall be eight (8) feet at the common property line, subject to the
s me design standards and setback requirements as specified for six (6) foot high fences.
ord/04zoning/chap 230/4/5/04 37
Ord 3645
2. Industrial screeriing'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 sufficient in size to accommodate at least one (1) 15-gallon tree.
Approval by the Director shall be required prior to construction of such walls.
C. Visibility.
1. On reverse corner lots and corner 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.
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 forty-two (42) inches and seven(7)
feet within a triangular area formed by measuring ten (10) feet from intersecting
driveways or street/alley and driveway.
pROPER�L'NE
10,
QRo�N-rl - •
230-CORD
DIAGRAM A
ord/04zoning/chap 230/4/5/04 38
Ord 3645
t
1O, 10
_ i _ .
10' 10' — _ _ 10' _ 10 . 1O�_ 10'
230—tb
S'I'REEVALLEY
DIAGRAM B
ord/04zoning/chap 230/4/5/04 19
Ord 3645
REVERSE CORNER LOT
CORNER LOT INTERIOR LOT CORNER LOT ABUTTING ALLEY
as' o �••• o '�•
26 26 r1,1 X
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I
it
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THROUGH THROUGH LOT
CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WAIL
" .A A 42 inch high fence may be constructed on any portion of the lot.
3'
�f
j ® Indicates that portion of the lot on which a
6 foot high fence may be constructed.
"A" Indicates minimum front yard setback.
i
2
u Diagram C
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60314 G+DPA UW230-$WAM/
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 property may be permitted subject to the
following:
A. Initial approval shall be for a maximum of two (2) years. The use shall be eligible for a
maximum of three one year extensions by the Planning Commission.
B. The development shall comply with parking, access and setback requirements contained in
Chapter 231.
230.92 Landfill Disposal Sites
Excavation of landfills or land disposal sites shall be subject to the requirements of this section.
These provisions are not intended to apply to grading and surcharging operations, permitted
under Appendix Chapter 70 of the Uniform Building Code. Permits for grading on previously
approved development projects shall be subject to approval of the Director.
A. Land Disposal Site/Definitions. The following words and phrases shall be construed as
defined herein unless a different meaning is apparent from the context:
ord/04zoning/chap 230/4/5/04 40
Ord 3645
1. 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, 1I or III waste, a defined by
the California Administrative Code, has been deposited either legally or ill e ally on or
into the land, including but not limited to landfill, surface impoundment, aste piles, land
spreading, dumps, and coburial with municipal refuse.
B. Operations Plan.
1. No person shall conduct any excavation activity at any land dispo al site in the City of
Huntington Beach without first submitting to the City an operat" ns plan approved by the
Director. Such plan shall include complete information regar ng the identity, quantity
and characteristics of the material being excavated, includin a chemical analysis
performed by a laboratory acceptable to the City, together ith the mitigation measures
that will be used to insure that health hazards, safety haz ds, or nuisances do not result
from such activity.
2. Mitigation measures contained in the operations pla ay include gas collection and
disposal of waste, encapsulation, covering waste, c mical neutralization, or any other
measures deemed necessary by the City.
3. Ambient air quality monitoring, as well as othe monitoring or testing deemed reasonably
necessary, shall be included in the operations Ian.
C. 'Approval of Operations Plan.
1. The City shall not approve an operation plan unless such plan includes provisions for the
immediate cessation of excavation acti rty when the operator, or any agent thereof, of a
land disposal site has been notified by he City that a nuisance,health, or safety hazard
has or is about to occur as a result o such activity therein.
2. Upon determination by any gove ent agency that a nuisance, safety, or health problem
exists on any land disposal site i the City, mitigation measures, contained in the
operations plan, shall be imple ented immediately.
D. Hazardous Waste Sites. For any and disposal site determined to be a hazardous waste site by
the State Department of Toxic ubstances Control and/or the City of Huntington Beach, the
following additional measure shall be taken prior to excavation of such site:
1. All property owners wi in a half mile radius of the site shall receive written notice of all
public hearings to be eld regarding proposed excavation on the site. The cost of
preparing and maili such notice shall be paid by the operator/applicant.
2. A type of bond, a eptable to the City Attorney, shall be posted by the operator/applicant
insuring that nec ssary funds are available to restore the site to a safe condition if
excavation is p maturely terminated.
3. Excavation the site shall be performed in accordance with the requirements of the State
Departmen of Toxic Substances Control, and any other public agency with jurisdiction
over haza ous waste sites.
E. O erations Ian Contents. The operations plan shall contain the following:
1. A p n establishing lines of authority and responsibility between public agencies and the
op rator/applicant, or his agents, during excavation. The plan shall contain specific
procedures to be followed by all responsible parties involved with the excavation.
ord/04zoning/chap 230/4/5/04 41
Ord 3645
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.
3. 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.
F. Exemptions. The following activities shall be exempt from the requirements of this section
unless otherwise determined by the Director:
1. The drilling of holes up to twenty-four (24) inches in diameter for telephone or power
transmission 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.
G. Excavation Activity Prohibited.
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 section 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.
230.94 Carts and Kiosks. Carts and kiosks may be permitted on private property zoned for
commercial purposes, subject to approval by the Planning Director and compliance with this
section. Carts and kiosks may be permitted as a temporary use on public property subject to
Specific Event approval pursuant to Chapter 5.68.
A. Location and Desip-n Criteria. Cart and kiosk uses shall conform to the following:
l. No portion of a cart or kiosk shall overhang the property line.
2. The cart or kiosk shall not obstruct access to or occupy a parking space; obstruct access to
a parked vehicle, impede the delivery of materials to an adjoining property, interfere with
access to public property or any adjoining property, or interfere with maintenance or use
of street furniture. If any existing parking spaces will be displaced or partially or totally
blocked by the proposed cart or kiosk, those spaces must be replaced on-site at a one-to-
one (1:1)ratio.
3. The cart or kiosk shall not exceed a maximum of four (4) feet in width excluding any
wheels, eight (8) feet in length including any handle, and no more than six (6) feet in
height excluding canopies, umbrellas or transparent enclosures unless a larger size is
approved.
4. A limit of one cart or kiosk shall be allowed for each commercial business that meets the
above locational and design criteria.
ord/04zoning/chap 230/4/5/04 42
Ord 3645
B. Factors to Consider. The following factors shall be considered regarding the location and the
design of cart or kiosk uses including:
1. Appropriateness of the cart or kiosk design, color scheme, and character of' s location;
2. Appropriateness and location of signing and graphics;
3. The width of the sidewalk or pedestrian accessway;
4. The proximity and location of building entrances;
5. Existing physical obstructions including, but not limited to s' nposts, light standards,
parking meters, benches, phone booths,newsstands, utilitie and landscaping;
6. Motor vehicle activity in the adjacent roadway includin ut not limited to bus stops,
truck loading zones, taxi stands, hotel zones, passenge loading or parking spaces;
7. Pedestrian traffic volumes; and
8. Handicapped accessibility.
C. Operating Requirements-Provisions and Conditi s.
l. During hours of operation,the cart or kios must remain in the location specified on the
approved site plan.
2. A cart or kiosk operator shall not sell or solicit from motorists or persons in vehicles.
3. The cart or kiosk operator shall pay 11 fees and deposits required by the Huntington
Beach Municipal Code prior to th establishment of the use.
4. All provisions of the Huntingt Beach Municipal Code which are not in conflict with
this section shall apply.
5. The prices of items sold fr a cart or kiosk must appear in a prominent, visible location
in legible characters. The rice list size and location shall be reviewed and approved by
the Planning Director.
6. The sale of alcoholic everages shall be prohibited.
7. The number of em loyees at a cart or kiosk shall be limited to a maximum of two (2)
persons at any o time.
8. Fire extinguis rs may be required at the discretion of the Fire Department.
9. All cart and iosk uses shall be self contained for water, waste, and power to operate.
10. A cart or iosk operator shall provide a method approved by the Planning Director for
disposa of business related wastes.
D. Parking. dditional parking may be required for cart or kiosk uses by the Planning Director.
E. Revie Revocation. The Planning Department shall conduct a review of the cart or kiosk
oper tion at the end of the first six (6) month period of operation. At that time, if there has
be a violation of the terms and conditions of this section or the approval, the approval shall
b considered for revocation.
ord/04zoning/chap 230/4/5/04 43
Ord 3d4a
F. Neighborhood Notification.: Pursuant to Chapter 241.
230.96 Wireless Communication Facilities
A. Purpose. All wireless communication facilities shall comply with these requirements and
guidelines in order to regulate the location and design of wireless facilities for the protection of
public safety, general welfare, and quality of life in the City of Huntington Beach.
B. Permit Required.
`1 1. Administrative approval by the Director may be granted for proposed wireless
communication facilities (including but not limited to ground mounted, co-located, wall,
roof, or utility mounted)that are:
a. Co-located to approved facilities at existing heights or complies with the base district
height limit for modified facilities, and compatible with surrounding buildings and
land uses by incorporating stealth techniques; or
b. Completely stealth facilities and complies with the base district height limit; or
c. Facilities in non-residential districts and in compliance with the maximum building
height permitted within the zoning district; and
1. Screened from view and not visible from beyond the boundaries of the site at eye
level (six feet); or
2. Substantially integrated with the architecture of the existing building or structure
to which it is to be mounted; or
3. Designed to be architecturally compatible with surrounding buildings and land
uses by incorporating stealth techniques.
2. Conditional use permit approval by the Zoning Administrator shall be required for all
proposed wireless communication facilities (including but not limited to ground mounted,
co-located, wall, roof or utility mounted) that are:
a. Exceeding the maximum building height permitted within the zoning district; or
b. Visible from beyond the boundaries of the site at eye level (six feet); or
c. Not substantially integrated with the architecture of the existing building or structure
to which it is to be mounted; or
d. Not designed to be architecturally compatible with surrounding buildings and land
uses; or
e. Facilities in residential districts that do not meet B.La or B.Lb.
3. Design review shall be required for wireless communication facilities located in
redevelopment areas, on public right-of-ways, in OS-PR and PS zones, in areas subject to
specific plans, on or within 300 feet of a residential district, and in areas designated by
the City Council. Design review is not required for wireless communication facilities that
comply with section B.1.
C. Definitions. For the purpose of this section, the following definitions for the following terms
shall apply:
ord/04zoning/chap 230/4/5/04 44
Ord 3645
1. Accessory Structure.' Any structure or equipment that is to be located ancillary.to an
antenna or antennas in the establishment and operation of a wireless communication
facility.
2. Co-Location or Co-Located. The location of multiple antennas which are either o ed or
operated by more than one service provider at a single location and mounted to common
supporting structure, wall or building.
3. Completely Stealth Facility. Any stealth facility that has been designed to ompletely
screen all aspects of the facility including appurtenances and equipment om public
view. Examples of completely stealth facilities may include,but are n limited to
architecturally screed roof-mounted antennas, facade mounted ante s treated as
architectural elements to blend with the existing building, flagpoles church steeples, fire
towers, and light standards.
4. Ground Mounted Facility. Any wireless antenna that are affix d to a pole,tower or other
freestanding structure that is specifically constructed for the urpose of supporting an
antenna.
5. Microwave Communication. The transmission or recep on of radio communication at
frequencies of a microwave signal (generally, in the 3 Hz to 300 GHz frequency
spectrum).
6. Pre-existiny, Wireless Facility. Any wireless corn unication facility for.which a building
permit or conditional use permit has been prope y issued prior to the effective date of
this ordinance, including permitted facilities t t have not yet been constructed so long as
such approval is current and not expired.
7. Roof Mounted. Any wireless antenna dir tly attached or affixed to the roof of an
existing building, water tank, tower or st cture other than a telecommunications tower.
8. Stealth Facility or Techniques. Any reless communication facility, which is designed
to blend into the surrounding enviro ent, typically, one that is architecturally integrated
into a building or other concealing tructure. See also definition of completely stealth
facility.
9. Telecommunication Facility. wireless communication facility that is either wall
mounted,utility mounted, or oof mounted.
10. Utility Mounted. Any wir ess antenna mounted to an existing above-ground structure
specifically designed an originally installed to support utilities such as but not limited to
electrical power lines, c ble television lines, telephone lines, non-commercial wireless
service antennas, radi antennas, street lighting, recreational facility lighting, traffic
signal'equipment or ny other utility which meets the purpose and intent of this
definition.
11. Wall Mounted. ny wireless antenna mounted on any vertical or nearly vertical surface
of a building o other existing structure that is not specifically constructed for the purpose
of supportin n antenna (including the exterior walls of a building, an existing parapet,
the side of ater tank, the face of a church steeple, or the side of a freestanding sign)
such that t e highest point of the antenna structure is at an elevation equal to or lower
than the ghest point of the surface on which it is mounted.
12. Wirel s Communication Facility or Facility. An anf'enna structure and any appurtenant
facil' ies or equipment that are used in connection with the provision of wireless
ca munication service, including, but not limited to digital,'cellular and radio service.
ord/04zoning/chap 230/4/5/04 45
Ord 3645
D. Applicability.
1. All wireless communication facilities which are erected, located, or modified within the
City of Huntington Beach on or following the effecti've date of section 230.96 shall
comply with these guidelines, subject to the categorical exemptions under subparagraph
(3) of this section, provided that:
a. All facilities, for which applications were determined complete by the Planning
Department prior to the effective date of this section, shall be exempt from these
regulations and guidelines.
b. All facilities for which Building and Safety issued building permits prior to the
effective date of section 230.96 shall be exempt from these regulations and
guidelines, unless and until such time as subparagraph(2) of this section applies.
c. Any facility, which is subject to a previously approved and valid conditional use
permit, may be modified within the scope of the applicable permit without complying
with these regulations and guidelines.
2. All facilities for which building permits and any extension thereof have expired shall
comply with the provisions of section 230.96.
3. The following uses shall be exempt from the provisions of section 230.96 until pertinent
federal regulations are amended or eliminated. See Section 230.80 (Antennae) for
additional requirements.
a. Any antenna structure that is one meter(39.37 inches) or less in diameter and is
designed to receive direct broadcast satellite service, including direct-to-home
satellite service for television purposes, as defined by Section 207 of the
Telecommunication Act of 1996, Title 47 of the Code of Federal Regulations, and any
interpretive decisions thereof issued by the Federal Communications Commission
(FCC).
b. Any antenna structure that is two meters (78.74 inches) or less in diameter located in
commercial or industrial zones and is designed to transmit or receive radio
communication by satellite antenna.
c. Any antenna structure that is one meter (39.37 inches) or less in diameter or diagonal
measurement and is designed to receive Multipoint Distribution Service, provided that
no part of the antenna structure extends more than five (5) feet above the principle
building on the same lot.
d. Any antenna structure that is designed to receive radio broadcast transmission.
e. Any antenna structure used by authorized amateur radio stations licensed by the FCC.
E. Facility Standards.
1. Aesthetics:
a. Facility: All screening used in conjunction with a wall or roof mounted facility shall
be compatible with the architecture of the building or other structure to which it is
mounted, including color, texture and materials. All ground mounted facilities shall
be designed to blend into the surrounding environment, or architecturally integrated
into a building or other concealing structure.
b. Equipment/Accessory Structures: All equipment associated with the operation of the
facility, including but not limited to transmission cables, shall be screened in a
ord/04zoning/chap 230/4/5/04 46
Ord 3645
manner that'complies with the development standards of the zoning district.in which
such equipment is located. Screening materials and support structures housing
equipment shall�be architecturally compatible with surrounding structures by
duplicating materials and design in a manner as practical as possible. If chain 1' is
used, then it must be vinyl coated and not include barbed wire.
c. General Provisions: All Wireless Communication Facilities shall comply , ith the
Huntington Beach Urban Design Guidelines.
2. Building Codes: To ensure the structural integrity of wireless communi ation facilities,
the owners of a facility shall ensure that it is maintained in complianc with standards
contained in applicable state or local building codes and the applica a standards for
facilities that are published by the Electronic Industries Associatio , as amended from
time to time.
3. Conditions of Approval: Acceptance of conditions by the ap icant and property owner
shall be ensured by recordation of the conditions on the pro erty title.
4. Federal Requirements: All Wireless Communication F ilities must meet or exceed
current standards and regulations of the FCC, and any ther agency of the state or federal
government with the authority to regulate wireless c munication facilities.
5. Interference: To eliminate interference the folio ng provisions shall be required for all
wireless communication facilities regardless of ze:
a. Prior to issuance of a building permit, th applicant must submit the following
information to the Police Department f review:
1. All transmit and receive frequen es;
2. Effective Radiated Power(ERP ;
3. Antenna height above ground and
4. Antenna pattern, both horiz tal and vertical (E Plane and H Plane).
b. At all times, other than durin the 24-hour cure period,the applicant shall comply
with all FCC standards and egulations regarding interference and the assignment of
the use of the radio freque cy spectrum. The applicant shall not prevent the City of
Huntington Beach or the countywide system from having adequate spectrum capacity
on the City's 800 MH oice and data radio frequency systems. The applicant shall
cease operation of an facility causing interference with the City's facilities
immediately upon t expiration of the 24-hour cure period until the cause of the
interference is eli nated.
c. Before activati its facility, the applicant shall submit to the Police and Fire
Departments ost-installation test to confirm that the facility does not interfere with
the City of ntington Beach Public Safety radio equipment. The Communications
Division of he Orange County Sheriff's Department or Division-approved contractor
at the exp se of the applicant shall conduct this test. This post-installation testing
process all be repeated for every proposed frequency addition and/or change to
confi the intent of the "frequency planning" process has been met.
d. The pplicant shall provide to the Planning Department a single point of contact
(in uding name and telephone number) in its Engineering and Maintenance
D partments to whom all interference problems may be reported to insure continuity
n all interference issues.- The contact person shall resolve all interference complaints
within 24 hours of being notified.
ord/04zoning/chap 230/4/5/04 47
Ord 3645
e. The applicant shall insure that lessee or other user(s) shall comply with the terms and
conditions of this permit, and shall be responsible for the failure of any lessee or other
users under the control of the applicant to comply.
6. Lighting_ All outside lighting shall be directed to prevent"spillage" onto adjacent
properties, unless required by the FAA or other applicable authority, and shall be shown
on the site plan and elevations.
7. Maintenance: All facilities and appurtenant equipment shall be maintained to remain
consistent with the original appearance of the facility. Ground mounted facilities shall be
covered with anti-graffiti coating.
8. Monitoring: For all wireless communication facilities, the applicant shall provide a copy
of the lease agreement between the property owner and the applicant prior to the issuance
of a building permit.
9. Sim.ns: The facility shall not bear any signs or advertising devices other than certification,
warning, or other required seals of signage.
F. Site Selection. For all wireless communication facilities, the applicant shall provide
documentation that demonstrates the following:
1. Compatibility with the surrounding environment or architecturally integrated into a
structure.
2. Screened or camouflaged by existing or proposed topography, vegetation, buildings or
other structures as measured from beyond the boundaries of the site at eye level (six feet).
3. Massing and location of the proposed facility are consistent with surrounding structures
and zoning districts.
4. No portion of a wireless communication facility shall project over property lines.
G. Facilities in the Public Right-of-Way. Any wireless communication facility to be placed
over, on or beneath the public right-of-way shall comply with the following standards:
l. Any wireless communication facilities to be constructed on or beneath the public right-of-
way must have a franchise agreement with the City or the owner that has a wireless
franchise agreement with the City, or the applicant must provide documentation
demonstrating that the applicant is a state-franchised telephone corporation exempt from
local franchise requirements.
2. All equipment associated with the operation of a facility, including but not limited to
transmission cables, shall be placed underground in those portions of the street, sidewalks
and public rights-of-way where cable television, telephone or electric lines are
underground. At no time shall equipment be placed underground without appropriate
conduit. �.
3. The City Engineer shall approve the location and method of construction of all facilities
located within public rights-of-way.
4. All wireless communication facilities shall be subject to applicable City permit and
inspection fees, including, but not limited to, those pertaining to encroachment permits
and all applicable fees.
5. Any wireless communication facility installed, used or maintained within the public
rights-of-way shall be removed or relocated when made necessary by any"project." For
purposes of this section, project shall mean any lawful change of grade, alignment or
ord/04zoning/chap 230/4/5/04 48
Ord 3645
width of any public right-of-way, including but not limited to, the construction of any
subway or viaduct that the City may initiate either through itself, or any redevelopme
agency, community facility district, assessment district, area of benefit, reimbursem t
agreement or generally applicable impact fee program.
6. Wireless communication facilities may be installed on existing utility poles, c duits and
other facilities of a public utility, with the approval of the City Engineer, pro ided a
franchise agreement exists allowing wireless installation.
7. Prior to the approval of any required building permits or entitlements ( onditional Use
Permits,Variances, etc.)the applicant shall have a franchise agreeme approved by the
City Council.
H. Facilities on Public Property. Any wireless communication facility t be placed over, on or
beneath public property shall comply with the following standards:
I. Wireless communication'facilities shall be installed in accor ance with all applicable City
codes and ordinances, including, but not limited to, stand ar s for paving in the event that
any undergrounding of utilities is required.
2. Any wireless communication facilities to be construct on or beneath public property
must have a lease agreement with the city.
I. Additional Requirements.
1. Landscaping: Landscape planting, irrigation d hardscape improvements may be
imposed depending on the location, the proje ed vehicular traffic, the impact on existing
facilities and landscape areas, and the visibi ty of the proposed facility. Submittal of
complete landscape and architectural plan for review and approval by the Directors of
Public Works and Planning may be requi ed. Public Works inspectors may require
additional improvements during install ion based on facility impacts.
2. Utility Agreement: If the proposed f cility will require electrical power or any other
utility services to the site, the appli ant will be required!to furnish the City's Real Estate
Services Manager, either a drafte utility franchise agreement between the City of
Huntington Beach and the appli t to place those lines in the public right-of-way, or a
written statement from the util' y company-who will be supplying the power or other
services,that they accept all r sponsibility for those lines in the public right-of-way.
J. Facility Removal.
I. Cessation of Operation: Within thirty (30) days of cessation of operations of any wireless
communication facilit approved under this section, the operator shall notify the Planning
Department in writin . The facility shall be deemed abandoned pursuant to the following
sections unless:
a. The City has etermined that the operator has resumed operation of the wireless
communica on facility within six (6) months of the notice; or
b. The City as received written notification of a transfer of wireless communication
operato s.
2. Abando ent: A facility that is inoperative or unused,for a period of six (6) continuous
mont shall be deemed abandoned. Written notice of the City's determination of
aba onment shall be provided to the operator of the facility and the owner(s) of the
pr ises upon which the facility is located. Such notice may delivered in person, or
ailed to the address(es) stated on the facility permit application, and shall be deemed
abandoned at the time delivered or placed in the mail.
ord/04zoning/chap 230/4/5/04 49
Ord 3645
3. Removal of Abandoned Facility: The operator of the facility and the owner(s)of the
property on which it is located, shall within thirty(30) days after notice of abandonment
is given either (1) remove the facility and restore the premises, or(2) provide the ,
Planning Department with written objection to the City's determination of abandonment.
Any such objection shall include evidence that the facility was in use during the relevant
six- (6) month period and that it is presently operational. The Director shall review all
evidence, determine whether or not the facility was properly deemed abandoned, and
provide the operator notice of its determination.
4. Removal by Cites At any time after thirty-one (31) days following the notice of
abandonment, or immediately following a notice of determination by the Director, if
applicable, the City may remove the abandoned facility and/or repair any and all damage
to the premises as necessary to be in compliance with applicable codes. The City may,
but shall not be required to, store the removed facility(or any part thereof). The owner of
the premises upon which the abandoned facility was located, and all prior operators of the
facility, shall be jointly liable for the entire cost of such removal, repair,restoration
and/or storage, and shall remit payment to the City promptly after demand thereof is
made. The City may, in lieu of storing the removed facility, convert it to the City's use,
sell it, or dispose of it in any manner deemed appropriate by the City.
SECTION 2. 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 day of , 2004.
Mayor
ATTEST:
APPROVED AS TO FORM:
City Clerk
�I S City A orney
REVIEWED AND APPROVED: INITI TED AND APPROVED:
City Administrator Director of Planning
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ord/04zoning/chap 230/4/5/04 50