HomeMy WebLinkAboutOrdinance #4096 ORDINANCE NO. 4096
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTIONS 230.10D, 230.22D, 230.46A7, 230.46C10, 230.52J, 230.94, 230.96E1
OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED
SITE STANDARDS
(ZONING TEXT AMENDMENT NO. 16-001)
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. 16-001, which amends Chapter
230 of the Huntington Beach Zoning and Subdivision Ordinance relating to the amended name of
the "Department of Planning and Building" to the "Department of Community Development"
and the associated change of the department head title from "Director of Planning and Building"
to "Director of Community Development".
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. Section 230.101) of the Huntington Beach Zoning and Subdivision
Ordinance titled Site Standards is hereby amended to read as follows:
D.Covenant. A covenant with the ownership requirements shall be filed for recordation
with the County Recorder within 30 days of Community Development Department plan
check approval and issuance of building permits. Evidence of such filing shall be submitted
to the director within 30 days of approval.
SECTION 2. Section 230.22D of the Huntington Beach Zoning and Subdivision Ordinance
titled Site Standards is hereby amended to read as follows:
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 Community Development by first class mail. The
notice of application shall include the following:
a. Name of applicant;
b. Location of planned development, including street address (if known)
and/or lot and tract number;
C. Nature of the planned development, including maximum height and square
footage of each proposed infill dwelling unit;
d. The City Hall telephone number for the Department of Community
Development_to call for viewing plans;
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e. The date by which any comments must be received in writing by the
Department of Community Development. 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.
SECTION 3. Section 230.46A7 of the Huntington Beach Zoning and Subdivision
Ordinance titled Site Standards is hereby amended to read as follows:
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 Community Development Department-and Office of Business
Development, which includes the range of monthly rents, the monthly income of
residents, occupancy rates, and the number of vehicles owned by residents.
SECTION 4. Section 230.46C10 of the Huntington Beach Zoning and Subdivision
Ordinance titled Site Standards is hereby amended to read as follows:
10. All common indoor space areas shall have posted in a conspicuous location a
notice from the Department of Community D eve Iopment_regarding contact procedures
to investigate housing code violations.
SECTION 5. Section 230.52J of the Huntington Beach Zoning and Subdivision
Ordinance titled Site Standards is hereby amended to read as follows:
J. A Safety and Security Plan shall be submitted to the Director of Community
Development 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 ari ival report on a facility's activity to the City.
5. Clients are to be appropriately screened for admittance eligibility.
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6. Refuse collections schedule to provide the timely removal of associated client
litter and debris on and within the vicinity of the facility.
SECTION 6. Section 230.94 of the Huntington Beach Zoning and Subdivision
Ordinance titled Site Standards is hereby amended to read as follows:
230.94 Carts and Kiosks
Carts and kiosks may be permitted on private property zoned for commercial purposes, subject to
approval by the Community Development 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 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.
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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 Community Development 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 Community
Development Director for disposal of business related wastes.
D.Parking. Additional parking may be required for cart or kiosk uses by the Community
Development Director.
E.Review; Revocation. The Department of Community Development 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.
SECTION 7. Section 230.96E1 of the Huntington Beach Zoning and Subdivision
Ordinance titled Site Standards is hereby amended to read as follows:
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 Community
Development 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 environment
or that the facility is architecturally integrated into a structure.
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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 Community
Development,
The Community Development 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.
SECTION 8. This ordinance shall become effective immediately 30 days after its
adoption.
PASSED AND ADOPTED by t�e City C uncil of the City of Huntington Beach at a
regular meeting thereof held on the 4l 'day of 2016.
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ST INITI PROVED:0F*11t
City Clerk Director o Community Development
REV D APPROVED: APPR O F
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C i t ana er ty Attorney
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Ord. No. 4096
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly appointed, 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 September 6, 201.6, and was again read to said City
Council at a Regular meeting thereof held on September 19, 2016, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: Sullivan
ABSTAIN: None
I,Robin Estanislau,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
Wave on September 29,2016. n _
In acc�e with the City Charter of said City.
Robin Estanislau, City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California