HomeMy WebLinkAboutOrdinance #4040 ORDINANCE NO. 4040
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION
ORDINANCE TITLED SITE STANDARDS
(ZONING TEXT AMENDMENT NO. 12-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach
Planning Commission and Huntington Beach City Council have held separate, duly noticed public
hearings to consider Zoning Text Amendment No. 12-001, which amends Chapter 230 of the Huntington
Beach Zoning and Subdivision Ordinance relating to citywide development standards; and
After due consideration of the findings and recommendations of the Planning Commission and all
other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent
with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as
follows:
SECTION 1. That Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance
titled Site Standards is hereby amended to read as set forth in Exhibit A.
SECTION 2. All other provisions of Chapter 230 not modified herein shall remain in full force
and effect.
SECTION 3. This ordinance shall become effective immediately 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 3rd day of November , 2014.
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May'F
AT EST: INITIATED AND APPROVED:
Ci lerk DirecVor of Tanning and Building
REV APPROVED: AP VED, TO FORM:
Ci er ity A A rney
Exhibit A: Chapter 230
144361/112606
E,XHIBIT A
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Chapter 230 SITE STANDARDS
Note
* Note: §230.06 deleted by Ord.3724; §230.20 repealed by Ord.3961.
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.
Article I. Residential Districts
230.04 Front and Street Side Yards in Developed Areas
Where lots comprising 60% 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. (3334-
6/97)
230.06 Reserved
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.Timing.Accessory structures shall not be established or constructed prior to the start of
construction of a principal structure on a site, except that construction trailers may be placed on a
site at the time site clearance and grading begins and may remain on the site only for the duration of
construction.
B.Location.Except as provided in this section, accessory structures shall not occupy a required
front, side or street side yard or court.An accessory structure shall be set back five feet from the rear
property line except no setback is required for accessory structures, excluding garages and carports,
which abut an alley.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 1
Minor accessory structures may be located in required side and rear yard setbacks provided that the
structure is located in the rear two-thirds of the lot and a minimum five foot clearance is maintained
between said structure and dwelling if it is located in the required side yard. Minor accessory
structures that are decorative such as landscape garden walls,fire pits,freestanding
barbecues/fireplaces, sculptures,and fountains may be located anywhere on the property provided:
1. They do not exceed six feet in height or exceed 42 inches in height when located within
the front yard setback; and
2. A minimum five-foot clearance is maintained between said structure and the dwelling if
it is located in a required side yard; and
3. Rock formations shall be set back one foot from the side and/or rear property lines for
each foot of rock formation height,maximum five-foot setback required.
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C.Maximum Height. Fifteen feet, except a detached garage for a single-family or multi-family
dwelling may exceed the maximum height when it,is designed to be architecturally compatible with
the main dwelling and does not include habitable floor area.
D.Maximum Size in RL District. In an RL District,the total gross floor area of accessory
structures, including garages, more than four feet in height that are not attached to a dwelling shall
not exceed 600 square feet or 10% of lot area,whichever is more.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 2
E.Patio Covers.A patio cover open on at least two sides and complying with all other provisions of
this subsection may be attached to a principal structure provided a five-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. (3710-
6/05)
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 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:
l. The dwelling conforms to the design and development standards for accessory dwelling
units established in subsection B of this section and subsection 230.22(A);
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 will be owner occupied; and
4. Public and utility services including emergency access are adequate to serve both
dwellings.
B.Design and Development Standards.
l. 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 231.18(D).
6. Design. The accessory unit shall be attached to the main dwelling unit in such a mamler
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.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 3
D.Covenant.A covenant with the ownership requirements shall be filed for recordation with the
County Recorder within 30 days of Planning Department plan check approval and issuance of
building permits. Evidence of such filing shall be submitted to the director within 30 days of
approval.
E.Parkland Dedication In Lieu Fee. A parkland dedication in lieu fee shall be assessed as set by
resolution of the City Council pursuant to Section 230.20 and paid prior to issuance of the building
permit. (3334-6/97, 3710-6/05)
230.12 Home Occupation in R Districts
A.Permit Required. A home occupation in an R district shall require a home occupation permit,
obtained by filing a completed application form with the director. If the home occupation involves
instruction and/or service, e.g., music lessons,beauty shop, swimming lessons,then an
administrative permit is required subject to neighborhood notification in compliance with Chapter
241. The director shall approve the permit upon determining that the proposed home occupation
complies with the requirements of this section.
B.Contents of Application.An application for a home occupation permit shall contain:
1. The name, street address, and telephone number of the applicant;
2. A complete description of the proposed home occupation, including number and
occupation of persons employed or persons retailed as independent contractors, amount of
floor space occupied, provisions for storage of materials, and number and type of vehicles
used.
3. For home occupations involving instruction and/or service,neighborhood notification
shall be required in compliance with Chapter 241.
C.Required Conditions.Home occupations shall comply with the following conditions:
1. A home occupation shall be conducted entirely within one room in a dwelling, with the
exception of swimming lessons.No outdoor storage shall be permitted. Garages shall not be
used in connection with such business except to park business vehicles.
2. No one other than a resident of the dwelling shall be employed on site or report to work
at the site in the conduct of a home occupation. This prohibition also applies to independent
contractors.
3. There shall be no display of merchandise, projects, operations, signs or name plates of
any kind visible from outside the dwelling. The appearance of the dwelling shall not be altered,
or shall the business be conducted in a manner to indicate that the dwelling or its premises is
used for a nonresidential purpose, whether by colors,materials, construction, lighting,
windows, signs, sounds or any other means whatsoever.
4. A home occupation shall not increase pedestrian or vehicle traffic in the neighborhood.
5. No commercial vehicle or equipment used in conjunction with the home occupation shall
be parked overnight on an adjacent street or in any yard visible from the street.
6. No motor vehicle repair for commercial purposes shall be permitted.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 4
7. A home occupation shall not include an office or salesroom open to visitors, and there
shall be no advertising of the address of the home occupation.
8. Where a home occupation involves swimming instruction in an outdoor swimming pool,
each swimming class shall be limited to four students,and no more than two vehicles shall be
used to transport students to such classes.
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,
and/or all,conditions of an administrative permit, shall be revoked by the director after 30 days
written notice unless the home occupation is altered to comply. (3710-6/05)
230.14 Affordable Housing Density Bonus
A.When a developer of a residential property which is zoned and general planned to allow five or
more dwelling units proposes to provide affordable housing,he or she may request a density bonus
and incentives or concessions 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.Affordability Requirements.
1. Percentage of Affordable Units Required.To qualify for a density bonus and incentives
or concessions,the developer of a residential project shall elect at least one of the following:
a. Provide at least 10% of the total units of the housing development for lower
income households, as defined in Health and Safety Code Section 50079.5; or
b. Provide at least five percent of the total units of the housing development for
very low income households, as defined in Health and Safety Code Section 50105; or
C. Provide a senior citizen housing development as defined u7 Civil Code Sections
51.3 and 51.12, or mobilehome park that limits residency based on age requirements for
housing for older persons pursuant to Civil Code Sections 798.76 or 799.5; or
d. Provide at least 10% of the total dwelling units in a common interest
development as defined in Civil Code Section 1351 for persons and families of moderate
income,as defined in Section 50093 of the Health and Safety Code,provided that all
units in the development are offered to the public for purchase.
The density bonus shall not be included in the total number of the housing units when
determining the number of housing units required to be affordable.Remaining units may
be rented, sold or leased at"market" rates.
2. Duration of Affordability.
a. An applicant shall agree to,and City shall ensure, continued affordability of all
low and very low income units that qualified the applicant for the award of the density
bonus for 30 years or a longer period of time if required by a construction or mortgage
financing assistance program,mortgage insurance program, or rental subsidy program.
b. Where there is a direct financial contribution to a housing development pursuant
to Government Code Section 65915 through participation in cost of infrastructure, write-
Huntington Beach Zoning and,5ubdivision Ordinance Chapter 230 Page 5
down of land costs, or subsidizing the cost of construction,the City will assure continued
availability for low-and moderate-income units for 30 years. The affordability agreement
required by Section 230.14(B)(4) shall specify the mechanisms and procedures necessary
to carry out this section.
C. An applicant shall agree to, and the City shall ensure that, the initial occupant of
the moderate-income units that are directly related to the receipt of the density bonus in
the common interest development, as defined in Section 1351 of the Civil Code, are
persons and families of moderate income, as defined in Section 50093 of the Health and
Safety Code. The City shall enforce an equity-sharing agreement, unless it is in conflict
with the requirements of another public funding source of law. The following shall apply
to the equity-sharing agreement:
i. Upon resale,the seller of the unit shall retain the value of any improvements,the
down payment, and the seller's proportionate share of appreciation. The City shall
recapture any initial subsidy and its proportionate share of appreciation,which shall
then be used within three years for any of the purposes described in subdivision(e)
of Section 33334.2 of the Health and Safety Code that promote homeownership.
ii. The City's initial subsidy shall be equal to the fair market value of the home at
the time of initial sale minus the initial sale price to the moderate-income
household,plus the amount of any down payment assistance or mortgage assistance.
If upon resale the market value is lower than the initial market value,then the value
at the time of the resale shall be used as the initial market value.
iii.The City's proportionate share of appreciation shall be equal to the ratio of the
initial subsidy to the fair market value of the home at the time of initial sale.
3. Affordable Unit Distribution and Product Mix. Affordable units shall be located
throughout the project and shall include a mixture of unit types in the same ratio as provided
throughout the project.
4. AffordabilityAgreement.Affordability shall be guaranteed through an affordability
agreement executed through the developer and the City. Said agreement shall be recorded on
the subject property with the Orange County Recorder's Office prior to the issuance of
building permits and shall become effective prior to final inspection of the first unit. The
subject agreement shall be legally binding and enforceable on the property owner(s) and any
subsequent property owners)for the duration of the agreement. The agreement shall include,
but not be limited to,the following items:
a. The duration of the affordability and the number of the affordable units;
b. The method in which the developer and the City are to monitor the affordability
of the subject affordable units and the eligibility of the tenants or owners of those units
over the period of the agreement;
C. The method in which vacancies will be marketed and filled;
d. A description of the location and unit type(bedrooms, floor area, etc.)of the
affordable units within the project; and
e. Standards for maximum qualifying household incomes and standards for
maximum rents or sales prices.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 6
5. City Action.Pursuant to this section the City shall:
a. Grant a density bonus and at least one of the concessions or incentives identified
in subsection D of this section unless the City makes a written finding pursuant to
subsection J of this section.
C.Calculation of Density Bonus.
1. The amount of density bonus to which the applicant is entitled shall vary according to the
amount by which the project's percentage of affordable housing exceeds the percentage
established in subsection B of this section.
a. For housing developments meeting the low income criteria of subparagraph
230.14(B)(1)(a),the base density bonus of 20% shall be increased by one and one-half
percent for every one percent increase in the percentage of low income units above 10%.
The maximum allowable density bonus shall be 35%.
b. For housing developments meeting the very low income criteria of subparagraph
230.14(B)(1)(b),the base density bonus of 20% shall be increased by two and one-half
percent for every one percent increase in the percentage of very low income units above
five percent. The maximum density bonus shall be 35%.
C. For housing developments meeting the senior citizen housing criteria of
subparagraph 230.14(B)(1)(c), the density bonus shall be 20%.
d. For housing developments meeting the moderate income criteria of subparagraph
230.14(B)(1)(d),the base density bonus of five percent shall be increased by one percent
for every one percent increase in the percentage of moderate income units over 10%. The
maximum density bonus shall be 35%.
2. All density calculations resulting in fractional units shall be rounded up to the next whole
number. The granting of a density bonus shall not be interpreted, in and of itself, to require a
general plan amendment, local coastal plan amendment, zoning change, or other discretionary
approval.As used in subsection B of this section, "total units" does not include units permitted
by a density bonus awarded pursuant to this section.
3. The developer may request a lesser density bonus than the project is entitled to, but no
reduction will be permitted in the number of required affordable units pursuant to paragraph
230.14(B)(1).
4. Reductions in Density Within the Coastal Zone.In reviewing residential development
application for low-and moderate-income housing, as defined in Government Code Section
65589.5(h)(3),the City may not require measures that reduce residential densities below the
density sought by an applicant if the density sought is within the permitted density or range of
density established by local zoning plus the additional density permitted under Government
Code Section 65915, unless the City makes a finding, based on substantial evidence in the
record,that the density sought by the applicant cannot feasibly be accommodated on the site in
a manner that is in conformity with the certified Local Coastal Program.
D.Incentives and Concessions.
1. Types of Incentives or Concessions. The City shall grant an incentive or concession to
the developer.An incentive or concession includes, but is not limited to,the following:
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 7
a. A reduction in site development standards or modification of zoning code
requirements or architectural design requirements that exceed the minimum building
standards approved by the California Building Standards Commission as provided in Part
2.5 (commencing with Section 18901)of Division 13 of the Health and Safety Code,
including,but not limited to, a reduction in setback and square footage requirements and
in the ratio of vehicular parking spaces that would otherwise be required that results in
identifiable, financially sufficient, and actual cost reductions.
i. At the request of the developer,the City will permit a vehicular parking ratio,
inclusive of handicapped and guest parking, for a development meeting the criteria
of subsection B of this section at ratios that shall not exceed:
(A) Zero to one bedroom: one onsite parking space.
(B) Two to three bedrooms: two onsite parking spaces.
(C) Four or more bedrooms: two and one-half onsite parking spaces.
ii. If the total number of parking spaces required for a housing development is other
than a whole number,the number shall be rounded up to the next whole nw-nber.
For purposes of this section only, a housing development may provide on-site
parking through tandem parking or uncovered parking but not through on-street
parking.
b. 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.
G. Other regulatory incentives or concessions proposed by the developer or the City
that result in identifiable, financially sufficient, and actual cost reductions.
2. Number of Incentives and Concessions. An applicant for a density bonus shall receive the
following number of incentives or concessions:
a. One incentive or concession for projects that included at least 10% of the total
units for lower income households, at least five percent for very low income households,
or at least 10% for persons and families of moderate income in a common interest
development.
b. Two incentives or concessions for projects that include at least 20% of the total
units for lower income households, at least 10% for very low income households, or at
least 20%for persons and families of moderate income in a common interest
development.
G. Three incentives or concessions for projects that include at least 30% of the total
units for lower income households, at least 15% for very low income households, or at
least 30% for persons and families of moderate income in a common interest
development.
3. Requirements for Incentives and Concessions Within the Coastal Zone.Within the
coastal zone, any incentive or concession or combination of incentives and concessions must
be consistent with the requirements of the certified land use plan.
Huntington Beach Zoning and Subdivision.Ordinance Chapter 230 Page 8
E.Waiver or Reduction of Development Standards.An applicant may,submit to the City a
proposal for the waiver or reduction of development standards. The applicant shall show that the
waiver or modification is necessary to make the housing units economically feasible.
F. Donation or Transfer of Land.A developer may donate or transfer land in lieu of constructing
the affordable units within the project pursuant to Govenunent Code Section 65915(h).
G.Child Care Facilities.
1. When a developer proposes to construct a housing development that includes affordable
units that conform to subsection B of this section and includes a child care facility that will be
located on the premises of,as part of, or adjacent to the housing development,the City shall
grant either of the following:
a. An additional density bonus that is an amount of square feet of residential space
that is equal to or greater than the amount of square feet in the child care facility.
b. An additional concession or incentive that contributes significantly to the
economic feasibility of the construction of the child care facility.
2. A housing development shall be eligible for the density bonus or concession described in
this section if the City makes all of the following findings:
a. The child care facility will remain in operation for a period of time that is as long
as or longer than the period of time during which the density bonus units are required to
remain affordable pursuant to paragraph(B)(2) of this section.
b. Of the children who attend the child care facility,the percentage of children of
very low income households, lower income households, or moderate income households
shall be equal to or greater than the percentage of dwelling units that are required to be
affordable to very low income households, low income households, or moderate income
households.
3. "Child care facility," as used in this section, means a child day care facility other than a
family day care home, including,but not limited to, infant centers,preschools, extended day
care facilities, and school age child care centers.
H.Procedure.
1. In addition to submitting all documentation required to apply for a conditional use permit,
a developer requesting a density bonus 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 units to qualify
for a density bonus.
b. 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.
C. A description of the requested incentive or concessions that the developer
requests.
d. A calculation of the density bonus allowed.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 9
2. All subsequent City review of and action on the applicant's proposal for a density bonus
and/or consideration of any requested incentives or concessions 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
concurrently with the development proposal.No project shall be deemed approved until the
affordability agreement has been approved by the City Council.
4. The Planning Commission/City Council may place reasonable conditions on the granting
of the density bonus and any other incentives as proposed by the applicant; however, such
conditions must not have the effect, individually or cumulatively, of impairing the objective of
California Government Code Section 65915 et seq., and this section, of providing affordable
housing for qualifying residents.
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 pennit,
environmental analysis, and/or any other entitlements required.
I. Required Findings for Approval.
1. Densi. Bonus. In granting a conditional use permit for a density bonus,the Planning
Commission/City Council shall make all of the following findings:
a. The proposed project,which includes a density bonus, can be adequately
serviced by the City and county water, sewer, and storm drain systems without
significantly unpacting the overall service or system.
b. The proposed project,which includes a density bonus,will not have a significant
adverse impact on traffic volumes and road capacities, school enrollments, or recreational
resources.
C. The proposed project,which includes a density bonus, is compatible with the
physical character of the surrounding area.
d. The proposed project,which includes a density bonus, is consistent with the
overall intent of the General Plan.
e. If located within the coastal zone,the proposed project which includes a density
bonus will be consistent with the requirements of the certified land use plan and will not
result in the fill, dredge, or diking of a wetlands.
J. Required Finding for Denial.
1. Concessions or Incentives. The City shall grant the concession or incentive requested by
the applicant unless the City makes a written finding, based upon substantial evidence, of one
or more of the following:
a. The concession or incentive is not required in order to provide affordable housing
costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the
targeted units to be set as specified in California Government Code Section 65915(c).
Huntington Peach Zoning and Subdivision Ordinance Chapter 230 Page 10
b. The concession or incentive would have a specific adverse impact, as defined in
paragraph(2) of subdivision(d) of California Government Code Section 65589.5, upon
public health and safety or the physical enviromnent or on any real property that is listed
in the California Register of Historical Resources and for which there is no feasible
method to satisfactorily mitigate or avoid the specific adverse impact without rendering
the development unaffordable to low and moderate-income households.
C. The concession or incentive is inconsistent with the requirements of the certified
Land Use Plan. (3710-6/05, 3764-3/07,Res. 2009-36-9/09)
230.16 Manufactured Homes
A.General Requirements. Manufactured homes may be used for residential purposes if such
manufactured home conforms to the requirements of this section and is located in an R district.
Manufactured homes also may be used for temporary uses, subject to the.requirements of a
temporary use permit issued under Chapter 241.
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 two 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;
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 11
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.
230.18 Subdivision Sales Offices and Model Homes
Subdivision sales offices and model homes in conjunction with an approved subdivision is permitted with
the following requirements.
A.The office shall be discontinued within 30 days following sale of the last on site unit. A cash
bond shall be posted with the City in the amount of$1,000.00 for the sales office and$1,000.00 for
each model home to guarantee compliance with the provisions of this code.
B.The developer or contractor shall furnish a site plan showing the placement of the sales office and
all model signs,parking signs,directional signs,temporary structures,parking and landscaping.
C.No sales office shall be converted or expanded into a general business office for the contractor or
developer. (3525-2/02)
230.20 Reserved
230.22 Residential Infill Lot Developments
The following residential infill requirements are intended to minimize impacts on contiguous developed
single family residential property and provide standards that insure compatibility and appropriate design
for projects located within existing residential neighborhoods,unless to do so would contravene the terms
of an existing development agreement. Infill development site plans and building design shall be
harmonious and compatible with streets, driveways,properly lines, and surrounding neighborhood.
Compatibility considerations should include,but not be limited to, lot size, lot frontages,building layout,
building configuration and design,building materials,product type, grade height and building height
relative to existing dwellings, and visual intrusion concerns. The Director of Planning and Building shall
cause all requests for entitlements,plan check and issuance of building permits for residential infill lot
development to be reviewed in accordance with these requirements.
A.Privacy Design Standards.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 12
1. New residences and accessory dwelling units shall off-set windows from those on
existing residences to insure maximum privacy. The use of translucent glass or similar
material, shall be used for all bathroom windows facing existing residences. Consider locating
windows high on elevations to allow light and ventilation, and insure privacy.
2. Minimize the canyon effect between houses by clipping roof elevations on side yards.
Provide roof line variations throughout a multi-dwelling infill development.
3. Provide architectural features(projections, off-sets)to break up massing and bulk.
4. Upper story balconies shall be oriented toward the infill house's front or rear yard areas, a
public street or permanent open space.
B.Noise Considerations. 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 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.
1. Ten 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 Planning and Building 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 Planning and Building to
call for viewing plans;
e. The date by which any comments must be received in writing by the Department
of Planning and Building.This date shall be 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 10 working days from plan check(plan review) submittal to provide
comments regarding the application to the director. All decisions of the director regarding the
application shall be final. (3301-11/95, 3710-6/05)
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 13
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 prior to Planning Commission
action. 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 Planning Commission
prior to development approval:
1. Architectural features and general appearance of the proposed development shall enhance
the orderly and harmonious development of the area or the community as a whole.
2. Architectural features and complementary colors shall be incorporated into the design of
all exterior surfaces of the building in order to create an aesthetically pleasing project.
3. All vehicular access ways shall be designed with landscaping and building variation to
eliminate an alley-like appearance.
C.Development Standards. The following standards shall apply to all small lot developments:
Minimum building site or lot size 3,100 sq. ft. (3,400 sq. ft. avg.)
Minimum lot frontage 40 ft.
Cul-de-sac and knuckle 30 ft.
Maximum height
Dwellings 30 ft.; max. 2 stories except 3rd level permitted
<500 sq. ft.; min. 5/12 roof pitch; no decks above
the second story
Accessory structures 15 ft.
Minimum setbacks
Front
Dwelling 15 ft. + offsets in front fagade
Covered porches(unenclosed) 10 ft.
Garage 18 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
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 14
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 coverage 50%+5%for covered porches,patio covers,
balconies.
Maximum floor area ratio(FAR) 0.7
Minimum interior garage Min. 400 sq.ft.
Dimension (width x depth) Min. 18 ft.wide
Minimum building separation to accessory building 6 ft.
Open space
Common recreational area(project) Projects of 20 units or more: 150 sq.ft./unit; min.
5,000 sq. ft.; min. 50 ft. dimension.
Projects less than 20 units:min. 600 sq. ft. private
and/or common per unit.Private open space
excludes side and front yard setback areas. 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 street
side of curb is encouraged; however shall not
encroach into the min. 24-foot-wide drive aisle. See
Ch. 232,Landscaping.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 15
230.26 Affordable Housing
A.Purpose.
1. The purpose and intent of this chapter is to implement the goals, objectives and policies
of the City's Housing Element. It is intended to encourage low and moderate income housing,
which is integrated, compatible with and complements adjacent uses, and is located in close
proximity to public and commercial-services.
2. The affordable housing program is one tool the City utilizes to meet its cominitment to
provide housing affordable to all economic sectors,and to meet its regional fair-share
requirements for construction of affordable housing.
3. As a result of being located within a redevelopment area and/or specific plan area,
additional restrictions or requirements may apply.
B.Applicability. This section shall apply to new residential projects three or more units in size.
1. A minimum of 10% of all new residential construction shall be affordable housing units.
The whole number established by dividing the total unit count proposed by 10 shall be
affordable housing units unless paragraph(13)(4) of this section applies.Any fractional amount
may be paid with an equivalent in-lieu fee.
2. Rental units included in the project shall be made available to low-income households as
defined by Health and Safety Code Section 50079.5, or a successor statute. Rental units
included in the project may be made available to moderate income households as defined by
Health and Safety Code Section 50093, or a successor statute if the moderate income units are
located on-site within the project.
3. For sale units included in the project shall be made available to moderate income
households, as defined by Health and Safety Code Section 50093, or a successor statute.
4. Developers of residential projects consisting of 30 or fewer units may elect to pay a fee in
lieu of providing the units on-site to fulfill the requirement of this section, unless the affordable
housing requirement is outlined as part of a specific plan project.
5. Developers of residential projects may elect to provide the affordable units at an off-site
location pursuant to subsection B of this section unless otherwise outlined as part of a specific
plan project. If affordable units are off-site,they must be under the full control of the applicant,
or other approved parry.
6. New residential projects shall include construction of an entirely new project or new units
added to an existing project. For purposes of detennining the required number of affordable
housing units, only new units shall be counted.
C.Pees in Lieu of Construction.
1. Fees paid to fulfill the requirements of this section shall be placed in the City's affordable
housing trust fund,the use of which is governed by subsection E of this section.
2. The amount of the in-lieu fees shall be calculated using the fee schedule established by
resolution of the City Council.
3. One hundred percent of the fees required by this section shall be paid prior to issuance of
a building permit.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 16
4. Fees paid as a result of new residential projects shall be based upon the total number of
the new residential units which are to be constructed.
D.Off-Site Construction of Affordable Units.Except as may be required by the California Coastal
Act and/or the Government Code Section 65590 or a successor statute, developers may provide the
required affordable housing off-site,at one or several sites,within the City of Huntington Beach.
1. Off-site projects may be new construction or substantial rehabilitation, as defined by
Government Code Section 33413 affordable housing production requirements, of existing non-
restricted units conditioned upon being restricted to long-term affordability.At risk units
identified in the Housing Element or mobile homes may be used to satisfy this requirement.
2. All affordable off-site housing shall be constructed or rehabilitated prior to or
concurrently with the primary project. Final approval(occupancy) of the first market rate
residential unit shall be contingent upon the completion and public availability, or evidence of
the applicant's reasonable progress towards attainment of completion,of the affordable units.
E.Miscellaneous Provisions.
1. The conditions of approval for any project that requires affordable units shall specify the
following items:
a. The density bonus being provided pursuant to Section 230.14, if any;
b. The number of affordable units;
C. The number of units at each income level as defined by the Health and Safety
Code; and
d. A list of any other incentives offered by the City.
2. An affordable housing agreement outlining all aspects of the affordable housing
provisions shall be executed between the applicant and the City and recorded with the Orange
County Recorder's Office, or the applicable in-lieu fee shall be paid in full,prior to issuance of
the first building permit.
3. The agreement shall specify an affordability term of not less than 55 years for rental
housing or 45 years for ownership housing.
4. All affordable on-site units in a project shall be constructed concurrently with or prior to
the construction of the primary project units unless otherwise approved through a phasing plan.
Final approval(occupancy)of the first market rate residential unit shall be contingent upon the
completion and public availability, or evidence of the applicant's reasonable progress towards
attaimment of completion, of the affordable units.
5. All affordable units shall be reasonably located throughout the project unless otherwise
designed through a master plan, shall contain on average the same number of bedrooms as the
market rate units in the project, and shall be comparable with the market rate units in terms of
exterior appearance, materials and finished quality.
6. Affordable housing trust funds shall be used for projects which have a minimum of 50%
of the dwelling units affordable to very low-and low-income households,with at least 20%of
the units available to very low-income households. Concurrent with establishing the annual fee
schedule pursuant to subsection C of this section,the City Council shall by resolution set forth
the permitted uses of affordable housing trust funds. All units that obtain affordable housing
trust funds shall maintain the affordability of the units for a minimum of 55 years. The funds
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 17
may, at the discretion of the City Council,be used for pre-development costs, land or air rights
acquisition, rehabilitation, land write downs,administrative costs, gap financing, or to lower
the interest rate of construction loans or permanent financing.
7. New affordable units shall be occupied in the following manner:
a. If residential rental units are being demolished and the existing tenant(s)meets
the eligibility requirements,he/she shall be given the right of first refusal to occupy the
affordable unit(s); or
b. If there are no qualified tenants, or if the qualified tenant(s)chooses not to
exercise the right of first refusal, or if no demolition of residential rental units occurs,
then qualified households or buyers will be selected.
F. Price of Affordable Units.Affordable housing cost shall be calculated in accordance with Health
and Safety Code Section 50052.5 standards for ownership units and Health and Safety Code Section
50053 standards for rental units. This methodology is fully described in the City's adopted housing
policies.
G.Reduced Fees for Affordable Housing.Projects that exceed inclusionary requirements on-site
will be eligible for reduced City fees,pursuant to an affordable housing fee reduction ordinance,
upon adoption by the City Council.
H.Annual Program Review and Periodic Adjustment of the Fee. Within 180 days after the last
day of each fiscal year,the City Council shall review the status of the City's affordable housing trust
fund, including the amount of fees collected, expenditures from the affordable housing trust fund,
and the degree to which the fees collected pursuant to this chapter are assisting the City to provide
and encourage low and moderate income housing. The fee shall be updated annually using the Real
Estate and Construction Report published by the Real Estate Research Council of Southern
California. The fee change shall be based on the percentage difference in the new home prices in
Orange County published in the fourth quarter report for the then current year versus the
immediately preceding year. (3687-12/04, 3827-4/09, 3829-6/09, 3879-6/10)
230.28 Reserved
230.30 Reserved
Article IL Nonresidential Districts
230.32 Service Stations
The following supplemental development standards shall apply to the service station use classification.
A.Minimum parcel size: 22,500 square feet.
B.Minimum frontage: 150 feet and located at the intersection of arterial highways.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 13
C.Site Layout. Conditions of approval of a conditional use permit may impose restrictions on
outdoor storage and display and location of pump islands,canopies and service bay openings and.
require buffering, screening, lighting, or planting areas necessary to avoid adverse impacts on
properties in the surrounding area.
D.Design Standards.
1. In reviewing proposals, emphasis shall be placed on quality design of building materials
and landscape features. Service stations shall be designed so that form and scale are
harmonious and consistent with the character of the specific site,the adjacent uses and
structures, and the general neighborhood.
2. The location,number, and design of driveways as well as on- and off-site traffic
circulation impacts shall be analyzed.
3. Service bay openings shall be designed to minimize the visual intrusion on surrounding
streets and properties. A maximum of three service bays shall be permitted per site,none of
which shall face a public right-of-way.
4. Lighting shall be of low profile design, indirect or diffused, and shall create no negative
impact on surrounding uses.
5. A minimum 10%of the site shall be landscaped. Landscaping plans shall conform to all
applicable provisions of Chapter 232 as well as conform to the following requirements:
a. A three-foot wide planter(inside dimension)along interior property lines shall be
provided, except at vehicular circulation openings. Additional landscaping may be
required to screen service bays from surrounding properties.
b. A 600-square-foot planter with a minimum dimension of 20 feet shall be
provided at the corner of intersecting streets.
C. A total of 70 square feet of planting area shall be located adjacent to and on the
street side of the main building.
6. Buildings shall conform to the setback regulations stated for the district in which the site
is located.Pump islands and canopy structures shall maintain the following minimum setbacks
from street side property lines:
a. Pump island: 20 feet.
b. Canopy: 10 feet with ground clearance of 12 feet.
E. Storage of Materials and Equipment. The provisions of Section 230.74,Outdoor Facilities,
shall apply, except that a display rack for automobile products no more than four feet wide may be
maintained at each pump island of a service station and a single tire storage display no more than
eight feet high and 16 feet long may be located on the site of a service station. If display racks are
not located on pump islands,they shall be placed within three feet of the principal building,and
shall be limited to one per street frontage. Outside storage of motor vehicles for more than 24 hours
(seven days if the vehicle is actively being serviced) is prohibited, except as provided for truck and
utility trailer rentals. The location of display racks and vending machines shall be specified by the
conditional use permit.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 19
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 Housing of Goods
All goods,wares,merchandise,produce, and other commodities which are stored or offered for sale or
exchange in the commercial and industrial districts shall be housed in permanent buildings except as
otherwise provided by this code.
230.36 Transportation Demand Management
A.Purpose and Intent. It is the purpose and intent to implement the requirements of Governmment
Code Section 650893(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:
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.
Building Size. 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.
Carpool. Two to six persons traveling together in a single vehicle.
Employee.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.
Employer.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.
Mixed Use Development.New development projects that integrate any one of these land uses with
another: residential, office, commercial, industrial and business park.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 20
Tenant.The lessee of facility space at a development project who may also serve as an employer.
Transportation Demand Management(TDM). The implementation of programs, plans or policies
designed to encourage changes in individual travel behavior. TDM can include an emphasis on
alternative travel modes to the single occupant vehicle(SOV) such as carpools,vanpools and transit;
and reduction of VMT and the number of vehicle trips.
Vanpool.A vehicle occupied by seven or more persons traveling together.
Worksite.A building or group of buildings which are under common ownership and the place of
employment, base of operation, or predominate location of an employee or group of employees.
C.Applicability.
1. These provisions apply to commercial, industrial, institutional, or other uses which are
determined to employ 100 or more persons, as determined by the employee generation factors
specified under paragraph 4 of this subsection. This includes any permit for existing facilities
that already have 100 or more employees or will have 100 or more employees.
2. These provisions apply to all districts, planned communities and specific plan areas
including those covered by development agreements. These provisions shall supersede other
ordinances with which there is a conflict.
3. Notwithstanding paragraph 1 of this subsection,the following uses and activities shall be
specifically exempt from the provisions of this section:
a. Temporary construction activities on any affected project, including activities
performed by engineers, architects, contract subcontractors and construction workers.
b. Other temporary use classifications or as authorized by the director when such
temporary activities are for a period not to exceed 30 days and held no more than once a
year.
4. Employee generation factors shall be based on one of the following:
a. Employment projections developed by the property owner, subject to approval by
the director;
b. Building sizes shall be considered equivalent to the 100 employee threshold as
follows:
Building Size(in Sq.Ft.)
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
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 21
* 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'
Type of Use Percent of Total Parking Devoted
to 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 one for every 20 employees.
b. Separate shower facilities shall be provided at a minimum rate of two per 100
employees.
I Bicycle Parking.
a. Bicycle parking facilities shall be provided at the minimum rate of one bicycle
parking space for every 20 employees or fraction thereof, in a secure location, and in
close proximity to employee entrances, for use by employees or tenants who commute to
the site by bicycle.
b. A bicycle parking facility shall be a stationary object to which the user can lock
the bicycle frame and both wheels with a user provided six-foot cable and lock.
4. Commuter Information Areas.A commuter information area shall be provided to offer
employees appropriate information on alternative transportation modes. This area shall be
Huntinaton beach Zoning and Subdivision Ordinance Chapter 230 Page 22
centrally located and accessible to all employees or tenants and shall be sufficient size to
accommodate such information on alternative transportation modes.
5. Passenger Loading Areas.Unless determined unnecessary by the decision maker, per
Title 24,passenger loading areas to embark and disembark passengers from rideshare vehicles
and public transportation shall be provided as follows:
a. Passenger loading area shall be large enough to accommodate the number of
waiting vehicles equivalent to one percent of the required parking for the project.
b. The passenger loading areas shall be located as close as possible to the identified
employee entrance(s), and shall be designed in a manner that does not impede vehicular
circulation in the parking area or in adjoining streets.
6. Parking for Vanpool Vehicles. Unless determined unnecessary by the decision maker, per
Title 24,parking for vanpool vehicles shall be provided as follows:
a. The number of vanpool parking spaces shall be at least one percent of the
employee carpool parking spaces and reserved for such by marking the spaces"Vanpool
Only."
b. For parking structures,vanpool vehicle accessibility shall include minimum
seven-foot-two-inch vertical clearance.
C. Vanpool parking spaces shall be located near identified employee entrance(s) or
other preferential locations.
7. Bus Stops.Unless determined unnecessary by the decision maker, per Title 24,bus
shelter, pullouts, and pads shall be provided as necessary in consultation with affected transit
service providers.
230.38 Game Centers
The following supplemental requirements shall apply to the operation of game centers, including
mechanical or electronic games or any other similar machine or device, in order to control the location
and hours of operation of game centers so as not to allow school children to play the games during school
hours or to encourage minors to congregate in areas close to commercial establishments that sell alcoholic
beverages. The following conditions shall apply:
A.Neighborhood Notification. Submit a request to the director with neighborhood notification
pursuant to Chapter 241.
B.Adult Manager. At least one adult manager shall be on the premises during the time a game
center is open to the public.
C.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 9:00 p.m. on nights preceding school days, or after 10:00 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.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 23
D.Locational Criteria. A game center shall not be pennitted 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.
E.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. (3710-6/05)
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 pen-nit 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;
C. Administrative or operations building: 15 feet.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 24
3. Any lighting used for nighttime operations shall be directed away from adjacent
properties and public rights-of-way.
4. A telephone shall be provided on or adjacent to the heliport,helipad or helistop.
5. Helipads or helistops intended for emergency use shall have a landing pad with a
standard landing area designated and the words"Emergency Only."The initial direction of the
departure routes shall be indicated on the takeoff and landing area.
D.Application Requirements. The following additional information shall be submitted with a
conditional use permit application:
1. An area map, at a scale of 1"= 800' showing existing land use within a two-mile radius
of the facility site and the proposed flight paths.
2. A plot plan of the site and vicinity, including all land within a 400-foot radius of the
takeoff and landing area,that shows clearly the height of the takeoff and landing area;the
height of existing, approved and proposed structures and trees within 50 feet of the approach
and takeoff flight paths; and the maximum allowable building height under existing zoning.
3. A description of the proposed operations, including the type of use, names and
descriptions of helicopters expected to use the facility, and anticipated number and timing of
daily flights.
4. A helicopter noise study including a map of the approach and departure flight paths at a
scale of V= 800' showing existing day/night average noise levels in decibels(LDN noise
contours), fature day/night average noise levels with the proposed facility and anticipated
flight operations, and single event maximum sound levels associated with the types of
helicopters expected to use the facility. (3710-6/05)
230.42 Bed and Breakfast Inns
A.Permit Required. The Zoning Administrator may approve a conditional use permit for a bed and
breakfast inn in any C District and RMH A District after a duly noticed public hearing upon finding
that:
1. The bed and breakfast inn will be operated by a property owner living on the premises;
2. The bed and breakfast inn conforms to the design and development standards of
subsection B of this section and is compatible with adjacent buildings in terms of building
materials,colors and exterior finishes; and
3. Public and utility services,including emergency access, are adequate to serve the bed and
breakfast inn.
B.Design and Development Standards.
1. Minimum Size and Maximum Number of Guest Rooms. The inn shall contain at least
2,000 square feet,but no more than six rooms shall be rented for lodging.
2. Parkin : The requirements of Chapter 231 shall apply.
3. Ste. 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 two square feet identifying
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 25
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. (3710-6/05)
230.44 Recycling Operations
Collection containers shall be permitted for charitable organizations such as Goodwill.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 person shall be permitted to reside in any unit, excluding the
manager's unit and up to 25% 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 24-hour manager is required in every SRO project. hi 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 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.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 26
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.
B.Unit Requirements.
l. Minimum unit size shall be 250 square feet except double occupancy units shall be a
minimum of 400 square feet.
2. Maximum unit size shall be 300 square feet excluding 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, counter top (minimum 16"x
24"),refrigerator, and stove/oven unit and/or microwave;
b. If stoves/oven units are not provided in each unit,then stoves/oven units shall be
provided in a common kitchen area(s).
C. Bathrooms shall contain a lavatory,toilet, and shower or bathtub.
d. Each unit shall have a minimum 48 cubic feet of closet/storage space.
C.Project Requirements.
1. Common recreational space shall be provided in each project as follows:
a. Minimum common recreational space shall be 400 square feet.
b. For projects exceeding 30 units, an additional 10 square feet of recreational space
per unit is required.
Units that are 400 square feet or greater shall have a minimum of 15 square feet of
recreational space per unit.
C. Common recreational space may be indoor or outdoor provided there is at least
40% allotted toward indoor space and 40% outdoor space;the balance may be either
indoors or outdoors.
d. Common recreational space may be in separate areas provided each space is not
less than 200 square feet in size and has no less than a 10-foot dimension.
2. A single controlled entryway for routine ingress and egress shall be situated adjacent to
and in full view of the manager's desk.
3. A secured office area shall be incorporated in the facility for the storage of confidential
resident records and security office personnel.
4. Mailboxes shall 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 least one handicapped accessible unit shall be required for every 20 units.
7. Laundry facilities shall be provided in a separate room in a location near the common
indoor recreational space. Washers and dryers may be coin operated.
8. A cleaning supply storeroom and/or utility closet with at least one laundry tub with hot
and cold water on every floor shall be provided on every floor.
9. Storage Lockers.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 27
a. Storage lockers shall be provided in a secured area.
b. The cumulative total of locker space shall be no less than a ratio of 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 stall per five 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 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. (3494-5/01)
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
i nprovements 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. Densib3iding Areas.Maximum density for horse facilities shall be determined by the
following criteria:
a. Maximum density shall be 25 horses per acre.
b. Minimum riding area shall be 5,000 square feet per 15 horses. For facilities with
over 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 15 horses.
C. Exercise rings shall have no dimension less than 30 feet.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 28
d. The minimum arena size shall be 10,000 square feet with no dimension less than
80 feet.
3. Maximum Building Height. Maximum building height shall be 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
residential zone or use: 300 feet
5. Corral Design. Corrals designed for one horse shall comply with the following
requirements. Corrals designed for more than one horse shall provide a minimum area per
horse as indicated below.All corrals, racks and stalls shall be of compatible design,materials
to be approved by the fire department.
a. Corral size: 288 square feet; minimum dimension: 12 feet.
Shelter size: 96 square feet; minimum dimension: 8 feet.
b. Each corral shall have an approved water system with automatic drinking
controls provided.
C. Box stalls may be provided in lieu of horse corrals. Such stalls shall be a
minimum of 144 square feet with no dimension less than 12 feet.
6. Wash Rack. One wash rack per 35 horses or fraction thereof shall be provided subject to
the following requirements. Wash racks designed for more than one horse shall provide a
minimum area per 35 horses as indicated below:
a. Individual wash racks shall be six by eight feet.
b. Each wash rack shall have an approved watering system and be connected to a
sewer facility with a back siphon device at the water source.
C. A concrete slab floor shall be provided.
C.Insect and Rodent Control.
l. Feed mangers or boxes shall not be placed near water sources.
2. Nonleak valves shall be provided for all troughs, bowls, cups and other water sources.
3. Automatic valves or sanitary drains shall be provided for large troughs or cups.
4. Grading in paddocks and corrals shall be properly integrated into a master drainage plan
to prevent ponding of water. Shelters shall be sloped away from the center of the corrals, or
rain gutters shall be installed to the exterior of the corral.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 29
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 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 watclunan on
duty 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 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-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 10-foot wide(inside dimension)planter along all property
lines.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 30
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 be permitted as
temporary uses only upon approval of conditional use permit by the Zoning Administrator for a
period of time not to exceed 10 years. One year extension of time may be granted after public
hearing by the Zoning Administrator.
B.Location Considerations. The Zoning Administrator shall consider the following issues when
evaluating a proposed conditional use permit:
1. The site's proximity to residences, schools,hospitals and other noise sensitive uses.
2. The potential adverse impacts on traffic circulation and pedestrian safety.
3. The site's proximity to other indoor swap meets/flea markets to avoid overconcentration
of facilities.
4. The site's proximity to businesses processing hazardous materials.
C.Location Criteria. Indoor swap meet/flea market uses shall only be allowed on property located
adjacent to arterial streets.
D.Minimum Building Size. Minimum building gross floor area shall be 100,000 square feet.
E. Miscellaneous Requirements.
1. Ancillary Uses.Ancillary uses may be permitted as included on the approved site plan.
Such uses shall be included as part of the initial conditional use pen-nit requirements or shall be
subject to new entitlement if proposed after the initial application has been filed.
2. Signs.s. Individual vendors shall not be permitted any outdoor signs, including temporary.
Signs shall comply with the standards outlined in Chapter 233.
3. Parking. Parking shall comply with the standards outlined in Chapter 231.
230.52 Emergency Shelters
Emergency shelters may be permitted subject to the following requirements:
A.A single emergency shelter for 50 occupants, or a combination of multiple shelters with a
combined capacity not to exceed 50 occupants, shall be permitted. Religious assembly uses within
an industrial zone may establish emergency shelters for up to 30 occupants provided they meet the
minimum development standards of the zone in which they are located.
B.Stays at the emergency shelter facility shall be on a first-come first-serve basis with clients
housed on-site. Clients must vacate the facility by 8:00 a.m. each day and have no guaranteed bed
for the next night.
C.Maximum stay at the facility shall not exceed 120 days in a 365-day period.
D.A minimum distance of 300 feet shall be maintained from any other emergency shelter, as
measured from the property line.
E.An on-site client intake and waiting area shall be provided in a location not adjacent to the public
right-of-way, be fully screened from public view, and provide consideration for weather events
Huntington Beach Zoning and Subdivision Ordinance Chapter_30 Page 31
including shade and rain cover. The waiting area shall contain a minimum area of 10 square feet per
bed.
F. Any provision of on-site outside storage shall be fully screened from public view.
G.Exterior lighting shall be provided for the entire outdoor area of the site consistent with the
Huntington Beach Zoning and Subdivision Ordinance.
H.A minimum of one staff person per 15 beds shall be awake and on duty during facility hours of
operation.
I. On-site parking shall be provided at the ratio of one space per staff member,plus one space for
every five beds and an additional one-half space for each bedroom designated for families with
children.
J. A safety and security plan shall be submitted to the Director of Planning for review and approval.
The site-specific safety and security plan shall describe the following:
1. Both on and off-site needs, including,but.not limited to,the separation of individual male
and female sleeping areas,provisions of family sleeping areas, and associated provisions of
management.
2. Specific measures targeting the minimizing of client congregation in the vicinity of the
facility during hours that clients are not allowed on-site. Goals and objectives are to be
established to avoid disruption of adjacent and nearby uses.
3. Provisions of a system of management for daily admittance and discharge procedures.
4. Any counseling programs are to be provided with referrals to outside assistance agencies,
and provide an annual report on a facility's activity to the City.
5. Clients are to be appropriately screened for admittance eligibility.
6. Refuse collections schedule to provide the timely removal of associated client litter and
debris on and within the vicinity of the facility.
K.A proposed emergency shelter offering immediate and short-term housing may provide
supplemental services to homeless individuals or families. These services may include, but are not
limited to,the following:
1. An indoor and/or outdoor recreation area.
2. A counseling center for job placement, educational,health care, legal or mental services,
or similar services geared toward homeless clients.
3. Laundry facilities to serve the number of clients at the shelter.
4. Kitchen for the preparation of meals.
5. Dining hall.
6. Client storage area(i.e., for the overnight storage of bicycles and personal items). (3861-
2/10)
230.54 Reserved
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 32
230.56 Reserved
230.58 Reserved
230.60 Reserved
Article III. All Districts
230.62 Building Site Required
No building or structure shall be erected or moved onto any parcel of land in the City except on a lot
certified in compliance with the Subdivision Map Act and local subdivision and zoning provisions at time
of creation or on a parcel created as a result of a public taking.No building or structure shall be altered or
enlarged to increase the gross floor area by more than 50%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
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 33
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.
230.68 Building Projections Into Yards and Courts
Projections into required yards and courts shall be permitted as follows:
Allowable Projections in Feet'
Street Side
Front Yard Side Yard Yard Rear 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 3 4 5
subterranean garages, decks, and patios not
more than 3 feet in height serving only the
first floor
Stairs, canopies, awnings and uncovered 4 2b 4 4b
porches more than 3 feet in height
Bay windows 2.5 2.5b 2.5 2.5
Balconies 3 2b 3 3
Covered patios 0 0 5° 5
Notes:
a No individual projection shall exceed 1/3 of the building length,and the total of all projections shall not exceed 2/3 of the
building length on which they are located.
b A 30-inch clearance from the property line shall be maintained.
No projection shall extend more than 1/2 the width of the street side yard.
230.70 Measurement of Height
This section establishes standards for determining compliance with the maximum building height limits
prescribed for each zoning district or as modified by an overlay district.
A.Datum(100) shall be set at the highest point of the curb along the front property line. If no curb
exists, datum shall be set at the highest centerline of the street along the front property line.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 34
B.The differential between top of subfloor and datum shall be a maximum of two feet as determined
by Public Works. In the event that any subfloor, stemwall or footing is proposed greater than two
feet above datum, the height in excess shall be deducted from the maximum allowable ridgeline
height.
C.Lots with a grade differential of three feet or greater between the high point and the low point,
determined before rough grading, shall be subject to conditional use permit approval by the Zoning
Administrator. Conditional use permit approval shall be based upon a building and grading plan
which terraces the building with the grade and which is compatible with adjacent development.
230.72 Exceptions to Height Limits
Chimneys;vent pipes; cooling towers; flagpoles; towers; spires; domes; cupolas;parapet walls not more
than four 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. (3334-
6/97, 3568-9/02)
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 of this section, 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.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 35
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. (3525-2/02)
230.76 Screening of Mechanical Equipment
A.General Requirement.
1. Except as provided in subsection B of this section, 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.
2. 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 set back 15 feet from
the exterior edges of the building.
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 vaults or other location approved by the director. Backflow prevention
devices shall not be located in the front yard setback and shall be screened from view.
C.Screening Specifications.A mechanical equipment plan shall be submitted to the director to
ensure that the mechanical equipment is not visible from a street or adjoining lot.
230.78 Refuse Storage Areas
Refuse storage area screened on three sides by a six-foot masonry wall and equipped with a gate, or
located within a building, shall be provided prior to occupancy for all multi-family residential,
commercial, industrial,and public/sernipublic uses. Locations,horizontal dimensions, and general design
parameter of refuse storage areas shall be as prescribed by the director. The trash area shall not face a
street or be located in a required setback. The design and materials used in such trash enclosures shall
harmonize with the main structure.
230.80 Antennae
A.Purpose. The following provisions are established to regulate installation of antennae to protect
the health, safety, and welfare of persons living and working in the City and to preserve the aesthetic
value and scenic quality of the City without imposing unreasonable limitations on, prevent the
reception of signals, or imposing excessive costs on the users of the antennae.
B.Permit Required. Approval by the director shall be required for the installation of an antenna or
satellite antenna to ensure compliance with the locational criteria. Construction shall be subject to
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 36
the provisions of the Uniform Building Code and National Electrical Code, as adopted by the City.
Within the coastal zone, approval of a coastal development permit shall be required for installation
of any antenna that meets the definition of development in Section 245.04 unless it is exempt
pursuant to Section 245.08.
C.Locational Criteria—Satellite Antennae. A satellite antenna may be installed on a lot in any
zoning'district if it complies with the following criteria:
1. Number. Only one satellite antenna may be permitted on a residential lot.
2. Setbacks.Interior side and rear property lines, 10 feet, except that no setback shall be
required in interior side and rear setback areas if the antenna or satellite antenna does not
exceed six feet in height.No antenna or satellite antenna shall be located in a required front
yard. When roof mounted,the antenna or satellite antenna shall be located on the rear one half
of the roof.
3. Maximum Height.
a. The maximum height of a satellite antenna shall not exceed 10 feet if installed on
the ground or the maximum building height for the district in which the satellite antenna
is located, if roof mounted.
b. The maximum height of an antenna shall not exceed the maximum building
height for the district in which the antenna is located.
4. Maximum Dimension. The maximum diameter of a satellite antenna shall not exceed 10
feet in all districts with the exception that the diameter may be increased in nonresidential
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 seven feet high so that the base and support structure are not visible from beyond the
boundaries of the site at a height-of-eye six 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. (3334-6/97, 3568-9/02)
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 37
230.82 Performance Standards for AII.Uses
A.Applicability and Compliance. The development standards set forth in this section apply to
every use classification in every zoning district unless otherwise specifically provided. The director
may require evidence of ability to comply with development standards before issuing an entitlement.
B.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.Water Quality.Every use must comply with rules, regulations and standards of the federal
government; State and Regional Water Quality Control Boards; Orange County Municipal NPDES
stormwater permit(Santa Ana Regional Water Quality Control Board Order No. R8-2009-0030,
dated May 22, 2009, or any amendment to or re-issuance thereof);the City of Huntington Beach
Municipal Codes, including Chapters 14.24, 14.25, and 17.05;.and the California Coastal Act,where
applicable. An applicant for a zoning permit, building permit, or a coastal development permit must
demonstrate.compliance with aforementioned rules,regulations and standards prior to penult
approval. General Plan and Local Coastal Program goals, objectives and policies shall be
incorporated into water quality management programs prepared for development projects as
applicable and to the maximum extent practicable.A Water Quality Management Plan,prepared by
a registered California civil engineer, shall be required for all projects that may adversely impact
water quality(including, but not limited to projects identified in the Orange County Municipal
NPDES stormwater permit as priority development projects and projects creating more than 2,500
square feet of impervious surface that are within 200 feet of, or drain directly to,resource protection
areas, and/or water bodies listed on the Clean Water Act Section 3030(d) list of impaired waters).
D.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.
E.Archaeological/Cultural Resources.
1. Within the coastal zone, applications for grading or any other development that have the
potential to impact significant archaeological/cultural resources shall be preceded by a coastal
development permit application for implementation of an Archaeological Research Design
(ARD). This is required when the project site contains a mapped archaeological site,when the
potential for the presence of archaeological/cultural resources is revealed through the CEQA
process, and/or when archaeological/cultural resources are otherwise known or reasonably
suspected to be present.A coastal development permit is required to implement an ARD when
such implementation involves development(e.g.,trenching,test pits, etc.). No development,
including grading, may proceed at the site until the ARD, as reflected in an approved coastal
development permit, is fully implemented. Subsequent development at the site shall be subject
to approval of a coastal development permit and shall be guided by the results of the approved
ARD.
2. Archaeological Research Desi na(ARD). The ARD shall be designed and carried out with
the goal of determining the full extent of the on-site archaeological/cultural resources and shall
include,but not be limited to, postulation of a site theory regarding the archaeological and
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 38
cultural history and pre-history of the site, investigation methods to be implemented in order to
locate and identify all archaeological/cultural resources on site(including but not limited to
trenching and test pits), and a recognition that alternative investigation methods and mitigation
may become necessary.should resources be revealed that indicate a deviation from the initially
espoused site theory.The ARD shall include a mitigation plan based on comprehensive
consideration of a full range of mitigation options based upon the archaeological/cultural
resources discovered on site as a result of the investigation. The approved ARD shall be fully
implemented prior to submittal of any coastal development permit application for subsequent
grading or other development of the site. The ARD shall also include recommendations for
subsequent construction phase monitoring and mitigation should additional
archaeological/cultural resources be discovered.
3. The ARD shall be prepared in accordance with current professional practice, in
consultation with appropriate Native American groups as identified by the Native American
Heritage Commission(NAHC) and the State Historic Preservation Officer, subject to peer
review, approval by the City of Huntington Beach, and, if the application is appealed, approval
by the Coastal Commission. The peer review committee shall be convened in accordance with
current professional practice and shall be comprised of qualified archaeologists.
4. Mitigation Plan. The ARD shall include appropriate mitigation measures to ensure that
archaeological/cultural resources will not be adversely impacted. These mitigation measures
shall be contained within a Mitigation Plan.The Mitigation Plan shall include an analysis of a
full range of options from in-situ preservation,recovery, and/or relocation to an area that will
be retained in permanent open space. The Mitigation Plan shall include a good faith effort to
avoid impacts to archaeological/cultural resources through methods such as,but not limited to,
project redesign, capping, and placing an open space designation over cultural resource areas.
5. A coastal development permit application for any subsequent development at the site
shall include the submittal of evidence that the approved ARD, including mitigation, has been
fully implemented. The coastal development permit for subsequent development of the site
shall include the requirement for a monitoring plan for archaeological and Native American
monitoring during any site grading, utility trenching or any other development activity that has
the potential to uncover or otherwise disturb archaeological/cultural resources as well as
appropriate mitigation measures for any additional resources that are found. The monitoring
plan shall specify that archaeological monitor(s) qualified by the California Office of Historic
Preservation(OHP) standards, and Native American monitor(s)with documented ancestral ties
to the area appointed consistent with the standards of the Native American Heritage
Commission(NAHC) shall be utilized. The monitoring plan shall include,but not be limited
to: (a)procedures for selecting archaeological and Native American Monitors; (b)monitoring
methods; (c)procedures that will be followed if additional or unexpected
archaeological/cultural resources are encountered during development of the site including, but
not limited to,temporary cessation of development activities until appropriate mitigation is
determined.
6. Furthermore,the monitoring plan shall specify that sufficient archaeological and Native
American monitors must be provided to assure that all activity that has the potential to uncover
or otherwise disturb cultural deposits will be monitored at all times while those activities are
occurring. The monitoring plan shall be on-going until grading activities have reached sterile
soil.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 39
7. The subsequent mitigation shall be prepared in consultation with Native American
Heritage Commission(NAHC),Native American trial group(s)that-have ancestral ties to the
area as determined by the NAHC, and the State Historic Preservation Officer, subject to peer
review.
8. All required plans shall be consistent with the City of Huntington Beach General Plan
and Local Coastal Program and in accordance with current professional practice, including but
not limited to that of the California Office of Historic Preservation and the Native American
Heritage Commission,and shall be subject to the review and approval of the City of
Huntington Beach and, if appealed,the Coastal Commission. (3835-7/09, 3903-11/11)
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.
2. Exterior building alterations or additions for a residential use which do not exceed a third
of the value of the building, as defined in the Uniform Building Code, and add no additional
residential units.
3. Fences and walls.
4. Temporary uses, as specified in this code.
5. Horticultural Uses.The dedication herein required may be reviewed at the time of
entitlement.Upon request by the applicant, a temporary postponement,not to exceed one year,
may be granted upon consideration of the following criteria:
a. Type of horticultural use proposed.
b. Duration(temporary or permanent).
G. Vehicular access and effect of the proposed use on traffic in the vicinity of the
site.
d. Relationship between the proposed requirements and an anticipated expanded
use.
e. Dedication shall not be required.for any purpose not reasonably related to such
horticultural use.
C.Dedication Determinants.Right-of-way dedication width shall be determined by either of the
following:
1. Department of Public Works standard plans; or
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 40
2. A precise plan of street,highway or alley alignment.
D.Improvements.
1. No building permit shall be issued by the Building Division until an application for
pen-nit has been filed, street improvements plans and specifications have been submitted for
plan check, and all fees, established by resolution of the City Council,have been paid. The
Building Division shall issue such building permit after determining that the work described in
the application and the accompanying plans conforms to requirements of the Huntington Beach
Building Code and other pertinent laws and ordinances.
2. The Building Division shall make a frame inspection, as required by the Huntington
Beach Building Code,at which time all off-site improvements,including curbs, gutters, and
street paving, shall be completed.
3. Improvements required by this code may be deferred in the following instances and upon
adherence to the following requirements and regulations:
a. Where the grade of the abutting right-of-way has not been established prior to the
time when on-site structures qualify for final release for occupancy.
b. Where a drainage system would be delayed by the installation of improvements.
C. Where an agreement is entered into with the City to install improvements by a
date certain, said agreement shall be secured by a bond or deposit equal to 150%of the
City's estimate(including inflation estimates) of the required improvements. Such bond
or cash shall be deposited with the City Treasurer.
d. Where the developer has agreed with the City in writing that the deposit required
by paragraph 3 of this subsection may be used by the City after an agreed upon tune 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 nonrefundable 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 10 feet of street paving to ineet 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
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 41
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.
I. 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 st.
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 tune.
C.Site Standards.
1. Storage and display of products shall be set back not less than 10 feet from edge of street
pavement, and shall not encroach into the public right-of-way.
2. A minimum of 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$500.00
cash bond shall be posted with the City to ensure removal of any 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 cleared of all
debris and restored to the condition prior to the establishment within 10 calendar days of Halloween,
Christmas, or the expiration of the time limit for single season agricultural product.
230.88 Fencing and Yards
No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard
area for any other structure on the same or an adjacent lot. In all districts, minimum setback lines shall be
measured from the ultimate right-of-way line. Diagrams A, B, C and D are hereby adopted to illustrate the
provisions of this chapter. Where any discrepancy occurs between the diagrams and the printed text,the
text shall prevail. Yards and fencing shall comply with the following criteria in all districts or as
specified.
A.Permitted Fences and Walls.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 42
1. Fences or walls a maximum of 42 inches in height may be located in any portion of a lot,
except screen walls on lots in the RMH-A subdistrict shall be set back a minimum of three feet
from the front property line. Fences or walls exceeding 42 inches in height may not be located
in the required front yard, except as pennitted elsewhere in this section.
2. Fences or walls a maximum of six feet in height may be located in required side and rear
yards, except as excluded in this section. Fences or walls exceeding six feet in height may be
located in conformance with the yard requirements applicable to the main structure except as
provided for herein or in the regulations of the district in which they are located.
a. Fences and walls located adjacent to arterials along the rear and/or street side
yard property lines, and behind the front setback, may be constructed to a maximum total
height of eight feet including retaining wall with the following:
i. The proposed building materials and design shall be in conformance with the
Urban Design Guidelines.
ii. Extensions to existing wall(s) shall require submittal of engineering calculations
to the Building and Safety Department.
iii.The property owner shall be responsible for the care and maintenance of
landscape area(s)and wall(s) and required landscape area(s).
iv.Approval from Public Works Department.
b. Exception. A maximum two-foot lattice extension(wood or plastic)that is
substantially open may be added to the top of the six foot high wall or fence on the
interior property line without building permits so long as notification to the adjacent
property owners is provided.
3. Fences or walls in the rear yard setback area of a through lot shall not exceed 42 inches in
height. This subsection shall not apply to lots abutting arterial highways.
4. In the RL District,garden or wing walls or fences equal in height to the first floor double
plate, but not exceeding nine feet, which are perpendicular to and entirely within a side yard
may be constructed to the interior side property line and to within five feet of the exterior side
property line provided they are equipped with a three-foot gate or accessway.
5. When residential property abuts open or public land or property zoned or used for office,
commercial,or industrial purposes, an eight-foot high solid masonry or block wall may be
constructed on the common side or rear property line.
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 42 inches in height may be permitted
at a reduced front setback of six 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 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 feet along the driveway and 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:
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 43
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 salve 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 feet or less or protects a cut below the
existing grade, such retaining wall may be topped with a six-foot 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 24 inches as measured from the
adjacent curb and may be topped with a maximum 18-inch decorative wall or fence for a
total height of 42 inches.
d. i. The maximum height of a retaining wall on the front property line shall be 36
inches as measured from the top of the highest adjacent curb. Subject to the
director's approval, a maximum 42-inch high wall or fence may be erected above
the retaining wall with a minimum three-foot setback from the front property line.
ii. In the RMH-A subdistrict,the maximum height of a retaining wall on the front
property line shall be 18 inches as measured from the top of the highest adjacent
curb. Subject to the director's approval, a second retaining wall up to 18 inches in
height may be erected above the 18-inch high retaining wall with a minimum three-
foot front setback.A wall or fence up to 42 inches in height may be erected on top
of the retaining wall with the minimum three-foot front setback(see exhibit below).
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* See maximum building height in Chapter 210.
e. All retaining walls abutting a street shall be waterproofed to the satisfaction of
the director.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 44
f. Retaining wall and fence combinations over eight feet in height shall be
constructed with a variation in design or materials to show the distinction.Retaining wall
and fence combinations over six feet in height shall be designed without decorative block
or cap block, except if equal in strength to the main portion of the fence.
8. The height of any fence, wall or hedge located in the front yard setback shall be measured
from top of the highest adjacent curb.All other fence heights shall be measured from existing
grade.
9. Any fence or wall located on the front property line shall be approved by the Department
of Public Works.
10. In the industrial districts,nine-foot-high fences maybe permitted in the side and rear
setbacks up to the front building line subject to plan review approval by the director.
11. Deviations from the maximum height requirements for walls as prescribed by this section
may be permitted subject to an approval of conditional use permit by the Zoning
Administrator.
12. Within the coastal zone,no gate, fence or wall shall be permitted that restricts or
obstructs public access to the shore.
B.Required Walls.
1. When office, commercial or industrial uses abut property zoned or used for residential, a
six-foot-high solid six-inch concrete block or masonry wall shall be required. If a wall meeting
these standards already exists on the abutting residential property, protection from vehicle
damage shall be provided by a method approved by the director. The maximum fence height
shall be eight feet at the common property line, subject to the same design standards and
setback requirements as specified for six-foot-high fences.
2. Industrial screening walls abutting arterial highways shall be architecturally compatible
with surrounding properties, constructed of a minimum six-inch wide decorative masonry
block, and designed with landscape pockets at 35-foot intervals along the street side sufficient
in size to accommodate at least one 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 42 inches in height may be located within the triangular area formed by measuring 10 feet
from the intersection of the rear and street side property lines(see Diagram Q.
2. On corner lots, no fence,wall, landscaping,berming, sign, or other visual obstruction
between 42 inches and seven feet in height as measured from the adjacent curb elevation may
be located within the triangular area formed by measuring 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 feet shall be permitted(see Diagram A).
3. Visibility of a driveway crossing a street or alley property line or of intersecting
driveways shall not be blocked between a height of 42 inches and seven feet within a triangular
area formed by measuring 10 feet from intersecting driveways or street/alley and driveway
except in situations where the garage is constructed with less than a ten foot setback from the
alley right-of-way. In those situations the measurement of the visibility triangle shall start at
each corner or side of the garage door,measured perpendicular to the rear property line, then
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 45
measured ten feet away from the edge of the garage door and parallel to the rear property line
(typically the alley right-of-way). The maximum height of any structures or landscaping
within this triangular zone shall be 42 inches high(see Diagram D).
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Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 46
HIS HE COINER LOT
OR4ER LOT
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Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 47
Street or Alley(ROW)
10ft 10ft.
PL 5ft.to 10 ft:
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Diagram D
(3334-6/97, 3410-3/99, 3525-2/02, 3710-6/05, 3730-3/06)
230.90 Contractor Storage Yards/mulching Operation
Contractor 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 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.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 48
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:
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, II or III waste, as defined by
the California Administrative Code, has been deposited either legally or illegally on or into the
land, including but not limited to landfill, surface impoundment,waste piles, land spreading,
dumps,and coburial with municipal refuse.
B.Operations Plan.
1. No person shall conduct any excavation activity at any land disposal site in the City of
Huntington Beach without first submitting to the City an operations plan approved by the
director. Such plan shall include complete information regarding the identity, quantity and
characteristics of the material being excavated, including a chemical analysis performed by a
laboratory acceptable to the City,together with the mitigation measures that will be used to
insure that health hazards, safety hazards, or nuisances do not result from such activity.
2. Mitigation measures contained in the operations plan may include gas collection and
disposal of waste, encapsulation, covering waste, chemical neutralization, or any other
measures deemed necessary by the City.
3. Ambient air quality monitoring, as well as other monitoring or testing deemed reasonably
necessary, shall be included in the operations plan.
C.Approval of Operations Plan.
1. The City shall not approve an operations plan unless such plan includes provisions for the
immediate cessation of excavation activity when the operator, or any agent thereof, of a land
disposal site has been notified by the City that a nuisance, health, or safety hazard has or is
about to occur as a result of such activity therein.
2. Upon determination by any government agency that a nuisance, safety, or health problem
exists on any land disposal site in the City,mitigation measures, contained in the operations
plan, shall be implemented immediately.
D.Hazardous Waste Sites.For any land disposal site determined to be a hazardous waste site by
the State Department of Toxic Substances Control and/or the City of Huntington Beach,the
following additional measures shall be taken prior to excavation of such site:
1. All property owners within a half mile radius of the site shall receive written notice of all
public hearings to be held regarding proposed excavation on the site. The cost of preparing and
mailing such notice shall be paid by the operator/applicant.
2. A type of bond, acceptable to the City Attorney, shall be posted by the operator/applicant
insuring that necessary funds are available to restore the site to a safe condition if excavation is
prematurely terminated.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 49
3. Excavation of the site shall be performed in accordance with the requirements of the State
Department of Health Services, and any other public agency with jurisdiction over hazardous
waste sites.
E. Operations Plan Contents. The operations plan shall contain the following:
1. A plan establishing lines of authority and responsibility between public agencies and the
operator/applicant, or his/her agents, during excavation. The plan shall contain specific
procedures to be followed by all responsible parties involved with the excavation.
2. A plan containing specific measures to monitor air quality to be uriplemented 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 Toxic Substances Control, 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 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. (3710-6/05)
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 Design Criteria. Cart and kiosk uses shall conform to the following:
1. 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
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 50
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 feet in width excluding any wheels,
eight feet in length including any handle, and no more than six 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.
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 its 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 signposts, light standards,
parking meters, benches, phone booths,newsstands, utilities and landscaping;
6. Motor vehicle activity in the adjacent roadway including but not limited to bus stops,
truck loading zones, taxi stands,hotel zones, passenger loading or parking spaces;
7. Pedestrian traffic volumes; and
8. Handicapped accessibility.
C.Operating Requirements—Provisions and Conditions.
1. During hours of operation,the cart or kiosk must remain in the location specified on the
approved site plan.
2. A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles.
3. The cart or kiosk operator shall pay all fees and deposits required by the Huntington
Beach Municipal Code prior to the establishment of the use.
4. All provisions of the Huntington Beach Municipal Code which are not in conflict with
this section shall apply. "
5. The prices of items sold from a cart or kiosk must appear in a prominent,visible location
in legible characters. The price list size and location shall be reviewed and approved by the
Planning Director.
6. The sale of alcoholic beverages shall be prohibited.
7. The number of employees at a cart or kiosk shall be limited to a maximum of two persons
at any one time.
8. Fire extinguishers may be required at the discretion of the Fire Department.
9. All cart and kiosk uses shall be self contained for water,waste, and power to operate.
10. A cart or kiosk operator shall provide a method approved by the Planning Director for
disposal of business related wastes.
D.Parking. Additional parking may be required for cart or kiosk uses by the Planning Director.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 51
E.Review; Revocation. The Planning Department shall conduct a review of the cart or kiosk
operation at the end of the first six-month period of operation. At that time, if there has been a
violation of the terms and conditions of this section or the approval, the approval shall be considered
for revocation.
F. Neighborhood Notification. Pursuant to Chapter 241. (3249-6/95, 3482-12/00, 3525-2/02)
230.96 Wireless Communication Facilities
A.Purpose. This Section of the Zoning Code is to protect public safety, general welfare,and quality
of life by regulating the location, height and physical characteristics and provide for orderly and
efficient placement of Wireless Communications Facilities in the City of Huntington Beach.
Because of the potential negative aesthetic impacts of Wireless Communications Facilities,
including visual blight and diminution of property value,the City endeavors to locate antennas
within commercial, industrial and other non-residential zones, screen them from view, and
encourage co-location with other Wireless Communication Facilities. However, the Federal
Telecommunications Act, specifically 47 U.S.C. Section 332(c)(7),preempts local zoning where a
Wireless Facility is necessary to remedy a significant gap in the Wireless Provider's service.
Consequently,where the City determines that the Facility does not satisfy City planning and zoning
standards, the Wireless Provider may then choose to establish Federal preemption because(1)a
significant gap in wireless coverage exists, and(ii)there is a lack of feasible alternative site
locations.A myriad of factors are involved in detennining if a gap is significant, such as: whether
the gap affects a commuter highway; the nature and character of the area and the number of
potential users affected by the alleged lack of service; whether the signal is weak or nonexistent,and
whether the gap affects a commercial district. Consequently,the City will require scientific evidence
from an expert in the field demonstrating the existence of a significant gap in service, and a lack of
feasible alternative sites. The applicant will be required to pay for the cost of said expert opinion.
B.Definitions. For the purpose of this Section,the following definitions for the following teens
shall apply:
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 or placement of multiple Wireless
Communication Facilities which are either owned or operated by more than one service
provider at a single location and mounted to a common supporting structure, wall or building.
3. Completely Stealth.Any Wireless Communication Facility that has been designed to
completely screen all aspects of the facility including appurtenances and equipment from
public view. Examples of completely stealth facilities may include, but are not limited to,
architecturally screened roof mounted antennas, fagade mounted antennas treated as
architectural elements to blend in with the existing building, church steeples, fire towers, and
flag poles and light standards of a typical diameter.
4. Ground Mounted Facility. Any wireless antenna that is affixed to a pole,tower or other
freestanding structure that is specifically constructed for the purpose of supporting an antenna.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 52
5. Microwave Commmunication. The transmission or reception of radio communication at
frequencies of a microwave signal(generally, in the 3 GHz to 300 GHZ frequency spectrum).
6. Modified Facility. An existing Wireless Communication Facility where the antennas
and/or supporting structure are proposed to be altered in any way from their existing condition,
including like-for-like replacement but excluding co-location.
7. Pre-existing Wireless Facility. Any Wireless Communication Facility for which a
building pen-nit or conditional use permit has been properly issued prior to the effective date of
this ordinance, including permitted wireless antennas that have not yet been constructed so
long as such approval is current and not expired.
8. Public Right-of-Way_. The area across, along,beneath, in, on, over,under,upon, and
within the dedicated public alleys, boulevards, courts,lanes,places,roads, sidewalks, streets,
ways,private streets with public access easements within the City's boundaries, and City
owned properties, as they now exist or hereafter will exist.
9. Roof Mounted.Any wireless antenna directly attached or affixed to the roof of an
existing building,water tank,tower or structure other than a telecommunications tower.
10. Stealth Techniques. Any Wireless Communication Facility, including any appurtenances
and equipment,which is designed to blend into the surrounding environment.Examples of
Stealth Technique include,but are not limited to, monopalms/monopmes.
11. Utility Mounted. Any wireless antenna mounted to an existing above-ground structure
specifically designed and originally installed to support utilities such as but not limited to
electrical power lines, cable television lines,telephone lines,non-commercial wireless service
antennas, radio antennas, street lighting but not traffic signals,recreational Facility lighting, or
any other utility which meets the purpose and intent of this definition.
12. Wall Mounted.Any wireless antenna mounted on any vertical or nearly vertical surface
of a building or other existing structure that is not specifically constructed for the purpose of
supporting an antenna(including the exterior walls of a building, an existing parapet,the side
of a water tank, the face of a church steeple, or the side of a freestanding sign) such that the
highest point of the antenna structure is at an elevation equal to or lower than the highest point
of the surface on which it is mounted.
13. Wireless Communication Facility or Facility or Wireless Antenna.An antenna structure
and any appurtenant facilities or equipment that transmits electronic waves or is used for the
transmission or receipt of signals that are used in connection with the provision of wireless
communication service, including,but not limited to digital, cellular and radio service.
C.Applicability. This ordinance shall apply to all Wireless Communication Facilities which are
erected, located, placed or modified within the City of Huntington Beach.
D.Exceptions. The following Wireless Communication Facilities shall be exempt from this
Ordinance.
1. Any Facility, which is subject to a previously approved and valid entitlement, may be
modified within the scope of the applicable permit without complying with these regulations.
However,modifications outside the scope of the valid entitlement or any modification to an
existing facility that does not have a previously approved and valid entitlement is subject to the
requirements of this ordinance.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 53
2. Any antenna structure that is one meter(39.37 inches)or less in diameter that 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.
3. 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.
4. 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.
5. Any antenna structure used by authorized amateur radio stations licensed by the FCC.
E.Process to Install and Operate Wireless Communication Facilities.
No Facility shall be installed anywhere in the City without first securing either a Wireless Permit or
a Conditional Use Permit as required below.
1. Wireless Permit Application. The applicant shall apply to the Planning and Building
Department for a Wireless Permit by submitting a completed Wireless Permit Application
("Application") and paying all required fees. The Application shall be in the form approved by
the Director, and at a minimum shall provide the following information:
a. Precise location of the Facility.
b. Evidence that the Facility is compatible with the surrounding enviromment or that
the facility is architecturally integrated into a structure.
C. Evidence that the facility is 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).
d. Evidence that the massing and location of the proposed facility are consistent
with surrounding structures and zoning districts.
e. Evidence that no portion of the Facility will encroach over property lines.
f. Property owner authorization or evidence of fee ownership of property where the
Facility will be installed. In the case of City-owned property or any public right-of-way,
the applicant shall provide a license, lease, franchise, or other similar agreement from the
City to place any Facility over,within, on, or beneath City property or right-of-way.
g. Locations of all other Wireless Antennas within 1,000 feet of a proposed ground
mounted facility. Co-location of ground mounted facilities shall be required where
feasible whenever such a facility is proposed within 1,000 feet of any existing Wireless
Antenna.
h. Any other relevant information as required by the Director of Planning and
Building.
The Planning and Building Department will initially review and determine if the Application is
complete. The City may deem the Application incomplete and require re-submittal if any of
the above information is not provided.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 54
2. Director Approval. Following submittal of a complete Application,the City will
determine whether the Facility may be approved by the Director or whether a Conditional Use
Permit or other entitlement is required. Wireless Permit applications will be processed based
upon the location and type of antemlas defined in herein. Although said classifications are
assigned at project intake, a re-evaluation of antenna classifications may occur at any point in
the process including at the time of review by the Director,Zoning Administrator,Planning
Commission or City Council.
A Facility not subject to any other discretionary approval may be administratively approved by
the Director by issuing a Wireless Permit if it is:
a. Co-located on an existing approved Wireless Facility, does not exceed the
existing Wireless Facility heights, and employs Stealth Techniques such that the co-
located Wireless Facility is compatible with surrounding buildings and land uses; or
b. A modified Facility that complies with the base district height limit plus up to an
additional 10 feet of height as permitted in Section 230.72 and compatible with
surrounding buildings and land uses by incorporating stealth techniques; or
C. A Facility that complies with the base district height limit plus up to an additional
10 feet of height as permitted in Section 230.72, is Completely Stealth and is not ground
or utility mounted.
The Director may require conditions of approval of the Facility in order to minimize adverse
health, safety and welfare impacts to the community.
A decision of the Director to grant a Wireless Permit shall become final ten(10) days
following the date of the decision unless an appeal to the Planning Commission is filed as
provided in Chapter 248 of the Huntington Beach Zoning and Subdivision Ordinance
(HBZSO).
The Director shall issue findings of approval that the Facility meets the above criteria and is
not a detriment to the health, safety and welfare of the community.
3. Zoning-Administrator Approval. In the event the Director determines that the applicant
does not meet the requirements for Director approval of a Wireless Permit,then the applicant
shall apply for a Conditional Use Permit(CUP)to the Zoning Administrator pursuant to
Chapter 241 of the HBZSO.Notwithstanding any other provisions of the HBZSO, any new
ground or utility mounted wireless facilities shall be required to obtain a CUP. CUP
applications shall also include the same information required under subsection E.1.
The Zoning Administrator may require, as a condition of approval of the CUP that the
applicant minimize significant adverse impacts to the community and public visual resources
by incorporating one or more of the following into project design and construction:
a. Completely Stealth installations;
b. Stealth Techniques;
C. Co-location and locating Facilities within existing building envelopes;
d. Colonization or landscaping to minimize visual prominence; and/or
e. Removal or replacement of Facilities that are obsolete.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 55
Further conditions of approval of a facility CUP may be imposed as provided in Chapter 241
of the HBZSO. The Zoning Administrator's decision may be appealed to the Planning
Commission in accordance with Chapter 248 of the HBZSO.
4. Design Review. Design review shall be required for any Wireless Communication
Facilities pursuant to the HBZSO as well as those located on public right-of-way and on or
within 300 feet of a residential district or use in the City.
Notwithstanding any other provisions of the HBZSO,design review is not required for
Wireless Communication Facilities that may be approved by the Director pursuant to
subsection E.2(Director Approval) above and have all appurtenant facilities and equipment
located underground or within an existing building or existing enclosure.
F. Applicant May Assert Federal Preemption At Time of Appeal To Planning_Commission.
1. If the decision on the Wireless Permit or Conditional Use Permit is appealed(either by
applicant or an aggrieved party)to the Planning Commission,the Applicant may assert that
Federal Law preempts the City from denying the application because denial would effectively
prohibit Wireless Service. The applicant shall pay a Denial of Effective Service appeal fee in
an amount to be established by City Council Resolution,which amount shall be the estimated
cost for the City to retain an independent, qualified consultant to evaluate any technical aspect
of a proposed Wireless Communications Facility, including, but not limited to, issues
involving whether a significant gap in coverage exists.A Denial of Effective Service appeal
must be submitted prior to the expiration of the appeal period for a Wireless Permit or
Conditional Use Permit.
2. The Director shall establish the form of the Denial of Effective Service appeal. At a
minimum, the Applicant shall provide the following information as part of its appeal:
In order to prevail in establishing a significant gap in coverage claim the applicant shall
establish at minimum the following based upon substantial evidence:
a. Evidence demonstrating the existence and nature of a significant gap in service in
the vicinity of the proposed Facility, including but not limited to whether the gap pertains
to residential in-building, commercial in-building coverage, in-vehicle coverage,and/or
outdoor coverage.
b. Evidence demonstrating that the applicant has pursued other feasible sites for
locating the Facility, but that they are unavailable on commercially practicable terms.
C. Evidence demonstrating the radio frequency signal strength transmission
requirements and objectives that the applicant has established for the Southern California
region, and for the City of Huntington Beach.
d. Radio frequency propagation maps demonstrating actual transmission levels in
the vicinity of the proposed Facility site, and any alternative sites considered.
e. Radio frequency drive tests demonstrating actual transmission levels in the
vicinity of the proposed Facility site, and any alternative sites considered.
f. Reports regarding the applicant's monthly volume of mobile telephone calls
completed,not completed, dropped,handed-off,not handed-off, originated and not
originated for the signal area to be covered by the proposed Facility.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 56
g. Any proprietary information disclosed to the city or the consultant is deemed not
to be a public record, and shall remain confidential and not to be disclosed to any third
party without the express consent of the applicant,unless otherwise required by law. In
the event the applicant does not provide this information,the City may conclusively
presume that no denial of effective service exists.
All of the information noted above shall be submitted to the City within 30 days of the filing of
the Denial of Effective Service appeal unless an extension is granted by the Director.
3. The Denial of Effective Service appeal shall be considered concurrently with the
Wireless Permit or CUP appeal hearing before the Planning Commission.Prior to the
scheduling of the public hearing on the Wireless Permit or CUP appeal,the City Attorney shall
be authorized to issue administrative subpoenas to compel production of such documents,
testimony and other evidence relevant to the applicant's denial of effective service claims.
G.Wireless Communication Facility Standards.The following standards shall apply to all wireless
communication facilities:
1. Screenip-9.All screening used in conjunction with a wall or roof mounted Wireless
Antenna shall be compatible with the architecture of the building or other structure to which it
is mounted, including color,texture and materials.All ground or utility mounted facilities shall
be designed to blend into the surrounding enviromnent,or architecturally integrated into a
building or other concealing structure.
2. Equipment/Accessoa Structures. All equipment associated with the operation of the
Wireless Antenna, including but not limited to transmission cables, shall be screened in a
manner that complies with the development standards of the zoning district in which such
equipment is located and Section 230.76. 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. Chain link fencing and barbed wire
are prohibited.
3. General Provisions. All Wireless Communication Facilities shall comply with the
Huntington Beach Urban Design Guidelines.
4. Building Codes: To ensure the structural integrity of Wireless Communication Facilities,
the owners of a Facility shall ensure that it is maintained in compliance with standards
contained in applicable state or local building codes and the applicable standards for facilities
that are published by the Electronic Industries Association, as amended from time to time.
5. Co-Location: Co-location of ground mounted facilities shall be required where feasible
whenever such a facility is proposed within 1,000 feet of any existing Wireless Antenna.
6. Federal and State Requirements: All Wireless Communication Facilities must meet or
exceed current federal and state laws, standards and regulations of the FCC, and any other
agency of the federal or state government with the authority to regulate Wireless
Communication Facilities.
7. Interference: To eliminate interference, at all times, other than during the.24-hour cure
period,the applicant shall comply with all FCC standards and regulations regarding
interference and the assignment of the use of the radio frequency 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 MHz voice and data radio frequency systems. The
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 57
applicant shall cease operation of any Wireless Antenna causing interference with the City's
facilities immediately upon the expiration of the 24-hour cure period until the cause of the
interference is eliminated.
8. Li htin : 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.
9. Maintenance: All facilities and appurtenant equipment including landscaping shall be
maintained to remain consistent with the original appearance of the Wireless Antenna. Ground
mounted facilities shall be covered with anti-graffiti coating.
10. Monitoring: 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.
11. Ste: The Wireless Antenna shall not bear any signs or advertising devices other than
owner identification, certification,warning, or other required seals of signage.
12. Landscapin?: Landscape planting, irrigation and hardscape improvements may be
imposed depending on the location,the projected vehicular traffic,the impact on existing
facilities and landscape areas, and the visibility of the proposed Wireless Antenna. Submittal
of complete landscape and architectural plans.for review and approval by the Directors of
Public Works and Planning and Building Departments may be required.
13. UtilityAgreement: If the proposed facility will require electrical power or any other
utility services to the site,the applicant will be required to furnish the City's Real Estate
Services Manager either a drafted utility franchise agreement between the City of Huntington
Beach-and the applicant to place those lines in the public right-of-way, or a written statement
from the utility company that will be supplying the power or other services,that they accept all
responsibility for those lines in the public right-of-way.
H.Facilities in the Public Right-of-Way.Any Wireless Communication Facility to be placed over,
within, on or beneath the public right-of-way shall comply with the Undergrounding Ordinance
(Chapter 17.64 of HBMC).
I. Facility Removal. Wireless communication facilities affecting the public view and/or located in
areas designated Water Recreation, Conservation, Parks and Shoreline, and Public Right of Ways
shall be removed in its entirety within six(6)months of termination of use and the site restored to its
natural state.
J. Cessation of Operation.
1. Abandonment. Within thirty(30)calendar days of cessation of operations of any
Wireless Communication Facility approved under this Section,the operator shall notify the
Director in writing. The Wireless Antenna shall be deemed abandoned pursuant to the
following sections unless:
a. The City has determined that the operator has resumed operation of the Wireless
Communication Facility within six(6)months of the notice; or
b. The City has received written notification of a transfer of the Wireless
Communication Facility.
2. City Initiated-Abandonment: A Wireless Antenna that is inoperative or unused for a
period of six(6)continuous months shall be deemed abandoned. Written notice of the City's
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 58
determination of abandonment shall be provided to the operator of the Wireless Antenna and
the owner(s) of the premises upon which the antenna is located. Such notice may be delivered
in person, or mailed to the address(es) stated on the permit application, and shall be deemed
abandoned at the time delivered or placed in the mail.
3. Removal of Abandoned Wireless Antenna: The operator of the Wireless Antenna and the
owner(s) of the property on which it is located, shall within thirty(30)calendar days after
notice of abandonment is given either(1)remove the Wireless Antenna in its entirety and
restore the premises, or(2)provide the Director with written objection to the City's
determination of abandonment.
a. Any such objection shall include evidence that the Wireless Antenna 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.
b. At any time after thirty-one(31)calendar days following the notice of
abandonment, or immediately following a notice of determination by the Director, if
applicable,the City may remove the abandoned Wireless Antenna 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 Antenna(or any part thereof).
The owner of the premises upon which the abandoned Antenna was located, and all prior
operators of the Antenna, 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 Wireless Antenna, convert
it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City.
(3568-9/02, 3779-10/07,3934-4/12)
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 59
Ord. No. 4040
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on October 20, 2014, and was again read to said City Council at a
regular meeting thereof held on November 3, 2014, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on November 13,2014.
In accordance with the City Charter of said City ojow)We JAmo
Joan L. Flynn, City Clerk City Perk and ex-officio erk
Senior Deputy Citv Clerk of the City Council of the City
of Huntington Beach, California