HomeMy WebLinkAboutCity Council - 2004-80 Also see Reso. 2004-73
RESOLUTION NO. 2004-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE BY AMENDING SECTIONS 230.96, 231.04, 231.18
AND 254.08 THEREOF TO CONFORM LCP AMENDMENT NO. Oft /-63
TO MODIFICATIONS MADE BY THE CALIFORNIA COASTAL COMMISSION
WHEREAS, pursuant to the State Planning and Zoning Law, the Huntington Beach City
Council has held a public hearing relative to amending the Huntington Beach Zoning and Subdivision
Ordinance wherein all information presented at said hearing was carefully considered, and after due
consideration of the findings and all evidence presented to the City Council, the City Council found
that such amendment to the Huntington Beach Zoning and Subdivision Ordinance was proper, and
consistent with the Huntington Beach General Plan and Huntington Beach Local Coastal Program,
NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby resolve as
follows:
SECTION 1. The proposed amendment to the Huntington Beach Zoning and Subdivision
Ordinance as identified on the attached Exhibit A and incorporated by this reference as though fully set
forth herein, is hereby adopted and approved.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 20th day of September , 200 4 .
M ar
REVIEWED AND APPROVED: APPROVED AS TO FORM:
t City Ad inistrator �41 it Attorn y
4 INIT ED AND AP OVED:
Pe—ctor of 1 ng
04re5oaanena zso 1
Resolution No. 2004-80
Resolution No. 2004-80
LEGISLATIVE DRAFT -�aar
Chapter 23-0 Site Standards
(3249-6/95,3 30 1-1 1195,3334-6/97,3410-3199,3455-5100,3482-12/00,3494-5101,3525-2102, 3568-9/02.EMG 3594-11102,6MG
3595-12102)
Sections:
230.02 Applicability
Residential Districts
230.04 Front and Street Side Yards in Developed Areas
230.06 Religious Assembly Yard Requirements
230.08 Accessory Structures
230.10 Accessory Dwelling Units
230.12 Home Occupation in R Districts
230.14 Affordable Housing-Incentives/Density Bonus
230.16 Manufactured Homes
230.18 Subdivision Sales Offices and Model Homes
230.20 Payment of Park Fee
230.22 Residential Infill Lot Developments
230.24 Small Lot Development Standards (3455.5/00)
230.26 (Reserved)
230.28 (Reserved)
230.30 (Reserved)
Non-Residential Districts
230.32 Service Stations
230.34 Housing of Goods
230.36 Transportation Demand Management
230.38 Game Centers
230.40 Helicopter Takeoff and Landing Areas
230.42 Bed and Breakfast Inns
230.44 Recycling Operations
230.46 Single Room Occupancy
230.48 Equestrian Centers
230.50 Indoor Swap Meets/Flea Markets
230.52 (Reserved)
230.54 (Reserved)
230.56 (Reserved)
230.58 (Reserved)
230.60 (Reserved)
All Districts
230.62 Building Site Required
230.64 Development on Substandard Lots
230.66 Development on Lots Divided by District Boundaries
230.68 Building Projections into Yards and Courts
230.70 Measurement of Height
230.72 Exceptions to Height Limits
230.74 Outdoor Facilities
legisdriVCHP 230 icp amend
Resolution -8a
on No. 2004
230.76 Screening of Mechanical Equipment
230.78 Refuse Storage Areas
230.80 Antennae
230.82 Performance Standards for All Uses
230.84 Dedication and Improvements
230.86 Seasonal Sales
230.88 Fencing and Yards
230.90 Contractor Storage Yards/Mulching Operations
230.92 Landfill Disposal Sites
230.94 Carts and Kiosks
230.96 Wireless Communication Facilities
230.02 Applicability
This chapter contains supplemental land use and development standards, other than parking and
loading, landscaping and sign provisions,that are applicable to sites in all or several districts.
These standards shall be applied as specified in Title 21: Base Districts, Title 22: Overlay
Districts, and as presented in this chapter.
Residential Districts
230.04 Front and Street Side Yards in Developed Areas
Where lots comprising 60 percent of the frontage on a blockface in an R district are improved
with buildings that do not conform to the front yard requirements, the Planning Commission may
adopt by resolution a formula or procedure to modify the front and street side yard setback
requirements. The Planning Commission also may modify the required yard depths where lot
dimensions and topography justify deviations. Blocks with such special setback requirements
shall be delineated on the zoning map. Within the coastal zone any such setback modifications
adopted by the Planning Commission shall be consistent with the Local Coastal Program. (3334-
6/97)
230.06 Religious Assembly Yard Requirements
Yards, height and bulk, and buffering requirements shall be as specified by a conditional use
permit,provided that the minimum interior side yard and rear yard shall each be 20 feet. Yards
adjoining street property lines shall not be less than required for a permitted use.
230.08 Accessory Structures
A. Ti. •mini. 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.
Location. Except as provided in this section, accessory structures shall not occupy a required
front, side or street side yard or court, or project beyond the front building line of the
principal stricture on a site. An accessory structure shall be setback 5 feet from the rear
property line except no setback is required for accessory structures, excluding garages and
carports, which abut an alley. No accessory structures shall be permitted off-site.
C. Maximum Height. 15 feet, except a detached garage for a single family dwelling may exceed
the maximum height when it is designed to be architecturally compatible with the main
dwelling and does not include habitable floor area.
JegisdrR/CHP 230]ep amend 2
Rjesolution No. 2004-&Q,
D. Maximum Size in RL District. In an RL district, the total gross floor area of accessory
structures more than 4 feet in height that are not attached to a dwelling shall not exceed 600
square feet or 10 percent of lot area, whichever is more.
E. Patio Covers. A patio cover open on at least 2 sides and complying with all other provisions
of this subsection may be attached to a principal structure provided a 5-foot clearance to all
property lines is maintained.
P. Decks. Ad eck 30 inches or less in height may be located in a required.yard.
G. Separation. The distance between buildings on the same lot shall not be less than 10 feet.
230.10 Accessory Dwelling Units
A. Permit Required. Accessory dwellings may be permitted in all R districts on lots with a
single family dwelling subject to a conditional use permit issued by the Zoning
Administrator. Applications shall be submitted to the Director accompanied by the required
fee, plans and elevations showing the proposed accessory dwelling and its relation to the
principal dwelling, descriptions of building materials, landscaping and exterior finishes to be
used and parking to be provided, and any other information required by the Director to
determine whether the proposed unit conforms to all requirements of this code. The Zoning
Administrator shall approve a conditional use permit for an accessory dwelling unit after a
duly noticed public hearing upon finding that:
1. The dwelling conforms to the design and development standards for accessory dwelling
units established in Subsection(C) of this section;
2. The accessory unit maintains the scale of adjoining residences and is compatible with the
design of existing dwellings in the vicinity in terms of building materials, colors and
exterior finishes;
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.
1. Minimum Lot Size. 6,000 square feet.
2. Maximum Unit Size. The maximum square footage of the accessory dwelling unit shall
not exceed 650 square feet and shall not contain more than one bedroom.
3. Required Setbacks. Accessory dwelling units shall comply with minimum setbacks of
Chapter 210.
4. Height and Building Coverage. The basic requirements of Chapter 210 shall apply unless
modified by an overlay district.
5. Parkin. All parking spaces shall comply with Section 231.18D. (3334-6197)
6. Desim. The accessory unit shall be attached to the main dwelling unit in such a manner
as to create an architecturally unified whole,not resulting in any change to the visible
character of the street. The entrance to the accessory unit shall not be visible from the
street in front of the main dwelling unit. Building materials, colors and exterior finishes
should be substantially the same as those on the existing dwelling.
legisdrfUCHP 230 1cp amend 3
Resolution No. 2004-80
C. Ownership. The second unit shall not be sold separately from the main dwelling unit.
D. Conditions Recorded. The conditional use permit and conditions of approval shall be filed
for record with the County Recorder within 30 days of approval. Evidence of such filing
shall be submitted to the Director within 30 days of approval.
E. Parkland Dedication In-lieu Fee. A parkland dedication in-lieu fee shall be assessed at 25
percent of the fee for a single family residence as set by resolution of the City Council and
paid prior to issuance of the building permit.
23012 Home Occupation in R Districts
A. Permit Required. A home occupation in an R district shall require a Home Occupation
Permit, obtained by filing a completed application form with the Director. The Director shall
approve the permit upon determining that the proposed home occupation complies with the
requirements of this section.
B. Contents of Application. An application for a Home Occupation Permit shall contain:
l. The name, street address, and telephone number of the applicant;
2. A complete description of the proposed home occupation, including number and
occupation of persons employed or persons retained as independent contractors, amount
of floor space occupied, provisions for storage of materials, and number and type of
vehicles used.
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.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 non-residential purpose,whether by colors,materials, construction,
lighting, windows, signs, sounds or any other means whatsoever.
4. A home occupation shall not increase pedestrian or vehicle traffic in the neighborhood.
5. No commercial vehicle or equipment used in conjunction with the home occupation shall
be parked overnight on an adjacent street or in any yard visible from the street.
6. No motor vehicle repair for commercial purposes shall be permitted.
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. A conditional use permit shall be issued by the Zoning Administrator when a home
occupation involves instruction and/or service, e.g. music lessons, beauty shop,
swimming lessons. Where a home occupation involves swimming instruction in an
IegisdrWCHP 230 icp amend 4
Resolution No. 2004-80
outdoor swimming pool, each swimming class shall be limited to 4 students, and no more
than 2 vehicles shall be used to transport students to such classes.
9. Any authorized City employee may inspect the premises of a home occupation upon 48
hours notice to ascertain compliance with these conditions and any requirements of this
code. The permit for a home occupation that is not operated in compliance with these
provisions shall be revoked by the Director after 30 days written notice unless the home
occupation is altered to comply.
230.14 Affordable Housing Incentives/Density Bonus
A. When a developer of a residential property which is zoned and general planned to allow five
(5) or more dwelling units proposes to provide affordable housing, he or she may request a
density bonus and/or other incentive through a conditional use permit subject to the
provisions contained in this section. A density bonus request pursuant to the provisions
contained within this section shall not be denied unless the project is denied in its entirety.
B. The City may grant incentives to the developer. An incentive includes, but is not limited to,
the following
1. A density bonus.
2. A reduction in site development standards or architectural design requirements which
exceed the minimum building standards contained within the Uniform Building Code as
adopted by the City including, but not limited to, a reduction in setback, lot coverage,
floor area ratio,parking and open space requirements.
3. Approval of mixed use zoning in conjunction with the housing project if commercial,
office, industrial, or other land uses will reduce the cost of the housing development and
if the commercial, office, industrial, or other land uses are compatible with the housing
project and the existing or planned development in the area where the proposed housing
project will be located.
4. A reduction in development and/or processing fees.
5. Other regulatory incentives or concessions proposed by the developer or the City which
result in identifiable cost reductions.
6. Financial assistance by the City, i.e., housing set-aside funds.
7. Other incentives mutually agreeable to the City and developers consistent with all City,
State and Federal laws, rules, standards, regulations and policies.
C. Target rents/mortgage ygMents.
I. For the purpose of this section, units designated for moderate income household shall be
affordable at a rent or mortgage payment that does not exceed twenty-five percent(25%)
of the gross family income.
2. For the purpose of this section, units designated for lower income households shall be
affordable at a rent or mortgage payment that does not exceed thirty percent (30%)of
sixty percent (60%) of the Orange County median income as defined by the State of
California Department of Housing and Community Development.
3. For the purpose of this section, those units designated for very low income households
shall be affordable at a rent or mortgage payment that does not exceed thirty percent
(30%) of fifty percent (50%) of the Orange County median income as defined by the State
of California Department of Housing and Community Development.
legisdrft/CHP 230 lep amend 5
Resolution No. 2004-80
i
D. Affordability requirements.
1. Percentage of affordable units re uired. To qualify for a density bonus and/or other
incentives, the developer of a residential project must agree to one of the following:
a. Provide at least twenty percent(20%) of the total units of the housing development
for lower income households; or
b. Provide at least ten percent(10%) of the total units of the housing development for
very low income households; or
c. Provide at least fifty percent(50%) of the total units of the housing development for
qualifying senior residents.
The density bonus shall not be included when determining the number of housing units
required to be affordable. Remaining units may be rented, sold, or]eased at "market"
rates.
If a developer is granted a density bonus in excess of twenty-five percent (25%), those
additional units above the twenty-five percent (25%) may be required to be maintained
affordable for "moderate income" households.
2. Duration of affordability. Units required to be affordable as a result of the.granting of a
density bonus and other incentives shall remain affordable for thirty(30)years. If the
City does not grant at least one concession or incentive pursuant to this chapter in
addition to the density bonus, or provides other incentives in lieu of the density bonus,
those units required to be affordable shall remain so for ten (10)years.
3. Affordable unit distribution and 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.
Affordability agreement. Affordability shall be guaranteed through an"Affordability
Agreement" executed between the developer and the City. Said agreement shall be
recorded on the subject property with the Orange County Recorder's Office as provided in
Section 65915, et seq. of the California Government Code, prior to the issuance of
building permits and shall become effective prior to final inspection of the first unit. The
subject agreement shall be legally binding and enforceable on the property owner(s) and
any subsequent property owner(s) for the duration of the agreement. The agreement shall
include, but is not Iimited to, the following items:
a. The number of and duration of the affordability for 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.
5. Ci1y action. Pursuant to this section the City shall:
EegisdrfUCHP 730 kep amend 6
Resolution No. ?004-80
a. Grant a density bonus and at least one of the concessions or incentives identified in
Section 230.18B unless the City makes a written finding that the additional
concession or incentive is not required in order for rents or mortgage payments to
meet the target rates; or
b. Provide other incentives of equal value to a density bonus as provided in Section
65915, et seq. of the California Government Code. The value of the other incentives
shall be based on the land cost per dwelling unit.
E. Procedure.
1. In addition to submitting all documentation required to apply for a conditional use permit,
a developer requesting a density bonus or other incentive pursuant to this section shall
include the following in the written narrative supporting the application:
a. A general description of the proposed project, general plan designation, applicable
zoning, maximum possible density permitted under the current zoning and general
plan designation and such other information as is necessary and sufficient. The
property must be zoned and general planned to allow a minimum of five (5)units to
qualify for a density bonus.
b. A calculation of the density bonus allowed.
c. In the case that the developer requests the City to modify development standards as
another incentive, a statement providing a detailed explanation as to how the
requested incentive will enable the developer to provide housing at the target rents or
mortgage payments. Modification of development standards will be granted only to
the extent necessary to achieve the housing affordability goals set forth herein.
d. A statement detailing the number of density bonus units being proposed over and
above the number of units normally permitted by the applicable zoning and general
plan designations.
2. All subsequent City review of and action on the applicant's proposal for a density bonus
and/or consideration of any requested other incentives shall occur in a manner concurrent
with the processing of the conditional use permit and any other required entitlements, if
any. If the developer proposes that the project not be subject to impact fees or other fees
regularly imposed on a development of the same type, final approval will be by the City
Council.
3. The Planning Commission/City Council shall review the subject Affordability Agreement
concurrently with the development proposal. No project shall be deemed approved until
the Affordability Agreement has been approved by the appropriate reviewing body.
4. The Planning Commission/City Council may place reasonable conditions on the granting
of the density bonus and any other incentives as proposed by the applicant. However,
such conditions must not have the effect, individually or cumulatively, of impairing the
objective of California Government Code Section 65915 et seq., and this section, of
providing affordable housing for qualifying residents, lower or very low income
households in residential projects.
5. A monitoring fee, as established by resolution of the City Council, shall be paid by the
applicant to the City prior to issuance of a certificate of occupancy for the first unit. This
fee shall be in addition to any other fees required for the processing of the conditional use
permit, environmental analysis, and/or any other entitlements required.
F. Required findings for qpproval.
legisdrPrlCHP 230 lcp amend 7
Resolution No. 2004-80
1. Density 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
impacting the overall service or system.
b. The proposed project, which includes a density bonus, will not have a significant
adverse impact on traffic volumes and road capacities, school enrollments, or
recreational resources.
c. The proposed project which includes a density bonus is compatible with the physical
character of the surrounding area.
d. The proposed project which includes a density bonus is consistent with the overall
intent of the General Plan.
e. If located within the coastal zone, the proposed project which includes a density
bonus will not result in the fill, dredge, or diking of a wetlands. (3334-6197)
2. Other incentives. A request for an additional incentive shall not be denied by the
Planning Commission or City Council unless a finding is made that the incentive is not
necessary to the establishment of affordable units. In granting any other incentives as
defined in this section, the Planning Commission/City Council shall be required to make
all of the following findings:
a. The granting of the proposed other incentive(s) will not have an adverse impact on the
physical character of the surrounding area.
b. The granting of the proposed other incentive(s) is consistent with the overall intent of
the General Plan.
c. The granting of the proposed other incentive(s)will not be detrimental to the general
health, welfare, and safety of persons working or residing in the vicinity.
d. The granting of the proposed other incentive(s)will not be injurious to property or
improvements in the vicinity.
e. The granting of the proposed other incentive(s) will not impose an undue financial
hardship on the City.
f. If the other incentive is a modification of development standards, the granting of the
other incentive is necessary to achieve the target affordable rents/mortgage payments
for the affordable units.
g. The granting of the proposed other incentive will not result in the filling or dredging
of wetlands. (3334-6197)
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 Iocated 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
legisdrWCHP 2301cp amend 8
Resolution No. 2004-80
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.
i. 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. Desi€m Criteria: Manufactured homes shall be compatible in design and appearance with
residential structures in the vicinity and shall meet the following standards:
a. Each manufactured house must be at least 16 feet wide;
b. It must be built on a permanent foundation approved by the Building Official;
c. It must have been constructed after June 1, 1979, and must be certified under the
National Manufactured Home Construction and Safety Act of 1974;
d. The unit's skirting must extend to the finished grade;
e. Exterior siding must be compatible with adjacent residential structures, and shiny or
metallic finishes are prohibited;
f. The roof must have a pitch of not fewer than 2 inches vertical rise per 12 inches
horizontal distance, with eave overhangs a minimum of 12 inches;
g. The roof must be of concrete or asphalt tile, shakes or shingles complying with the
most recent editions of the Uniform Building Code fire rating approved in the City of
Huntington Beach;
h. The floor must be no higher than 20 inches above the exterior finished grade; and
i. Required enclosed parking shall be compatible with the manufactured home design
and with other buildings in the area.
C. Cancellation of State Registration. Whenever a manufactured home is installed on a
permanent foundation, any registration of said manufactured home with the State of
California shall be canceled,pursuant to state laws and standards. Before occupancy, the
owner shall provide to the Director satisfactory evidence showing: that the state registration
of the manufactured house has been or will, with certainty,be canceled; if the manufactured
house is new and has never been registered with the state, the owner shall provide the
Director with a statement to that effect from the dealer selling the home.
230.15 Subdivision Sales Offices and Model Homes
Subdivision sales offices and model homes in conjunction with an approved subdivision is
permitted with the following requirements. (3525-2/02)
A. The office shall be discontinued within 30 days following sale of the last on--site unit. A cash
bond shall be posted with the City in the amount of$1,000 for the sales office and$1,000 for
each model home to guarantee compliance with the provisions of this code.
Iegisdrft/CHP 230 lop amend 9
Rg, Jution No. 2004-$0
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.
230.20 Payment of Park Fee
As a condition of development approval, all new commercial and industrial development and all
new residential development not covered by Chapter 254 of Title 25, Subdivision Ordinance,
except for mobile home parks, shall pay a park fee. The fees shall be paid and calculated
according to a schedule adopted by City Council resolution. (EMG 3594-11102,EMG 3596-12/02)
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. (3301-11195)
Infill development site plans and building design shall be harmonious and compatible with
streets, driveways,property 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 Community
Development shall cause all requests for plan check and issuance of building permits for
residential infill lot development to be reviewed in accordance with these requirements.
(3301-11195)
A. Privacy Design Standards.
1. New residences 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. (3301-11/95)
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 30 1-1 1195)
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. (3301-11195)
B. Noise Considerations.
1. Swimming pool/hot tub equipment, air conditioning equipment, and other permanently
installed motor driven equipment shall be located to minimize noise impacts on
contiguous residences. (3309-11195)
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
legisdrWCHP 230 tep amend 10
Resolution No. 2004-80
height of the existing contiguous grades shall demonstrate to the Community
Development Director and the City Engineer that the additional fill is not detrimental to
surrounding properties in terms of compatibility and drainage issues. (33o1-111$5)
D. Public Notification Requirements.
Ten (10)working days prior to submittal for plan check(plan review)the applicant shall
give notice of the application to adjacent property owners and the City of Huntington
Beach, Department of Community Development by first class mail. The notice of
application shall include the following: (33o1-1vs5)
a. Name of applicant;
b. Location of planned development, including street address (if known) and/or lot and
tract number; (3301-11195)
c. Nature of the planned development, including maximum height and square footage of
each proposed infill dwelling unit, (3301-11195)
d. The City Hall telephone number for the Department of Community Development to
call for viewing plans;
e. The date by which any comments must be received in writing by the Department of
Community Development. This date shall be ten (10) working days from plan check
(plan review) submittal; and
f. The address of the Department of Community Development.
2. The applicant shall submit a copy of each notice mailed and proof of mailing of the
notice(s) when submitting the application for plan check (plan review). The adjacent
property owners shall have ten(10)working days from plan check (plan review)
submittal to provide comments regarding the application to the Director of Community
Development. All decisions of the Director regarding the application shall be final.
(3301-11195)
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.
legisdrfUCHP 230 lcp amend 1
Resolution No. 2004-80-
3. All vehicular access ways shall be designed with landscaping and building variation to
eliminate an alley-Mike 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
3'd 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 facade
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
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 f1. wide
Minimum Building Separation to 6 ft.
Accessory Building
Open Space
Common recreational area Proiects of 20 units or more:
(project) 150 sq. ft./unit;
min. 5,000 sq. ft.; min. 50 ft. dimension.
Proiects 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
legisdrft/CH P 230 lep amend 12
Resolution No. 2004-80 . ..
developments specified in Chapter 231. In
addition, minimum 1 on-street space per unit for
guest/visitor parking shall be provided.
A parking plan depicting the location of all parking
spaces shall be submitted with the conditional use
permit application.
Street Sections
Streets The city shall review proposed street sections upon
submittal of the tentative map and conditional use
permit applications.
Min. 36 ft. curb to curb may be permitted provided
all units in the development are equipped with
automatic sprinkler systems--On-street parking
shall be provided on both sides of the street.
Sidewalks/Parkways Sidewalks shall be provided on both sides of the
street.
Min. 6 ft. landscape parkways may be provided on
both sides of the street. Sidewalk widths shall be
designed to Public Works Standards.
Walls and Fences Block walls required; may allow wrought iron
element where appropriate
Landscaping Tree wells adjacent to landscape parkways on the
street side of curb is encouraged,however shall not
encroach into the min. 24 foot wide drive aisle.
Also see Chapter 232 Landscaping
230.26 (Reserved)
230.28 (Reserved)
230.30 (Reserved)
Non-Residential Districts
230.32 Service Stations
The following supplemental development standards shall apply to the Service Station use
classification.
A. Minimum parcel size. 22,500 square feet.
B. Minimum frontage. 150 feet and located at the intersection of arterial highways.
C. Site Layout. Conditions of approval of a conditional use permit may impose restrictions on
outdoor storage and display and location of pump islands, canopies and service bay openings
legisdrfUCHP 230]cp amend 13
Resolution No. 2004-80
and require buffering, screening, lighting, or planting areas necessary to avoid adverse
impacts on properties in the surrounding area.
D. Desian standards.
l. 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 3 service bays shall be permitted per site, none of
which shall face a public right-of-way.
4. Lighting shall be of low profile design, indirect or diffused, and shall create no negative
impact on surrounding uses.
5. A minimum 10 percent of the site shall be landscaped. Landscaping plans shall conform
to all applicable provisions of Chapter 232 as well as conform to the following
requirements:
a. A 3.foot-wide planter(inside dimension) along interior property lines shall be
provided, except at vehicular circulation openings. Additional landscaping may be
required to screen service bays from surrounding properties.
b. A 600 square-foot planter with a minimum dimension of 20 feet shall be provided at
the corner of intersecting streets.
c. A total of 70 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:
Pump island: 20 feet
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 4 feet wide may
be maintained at each pump island of a service station and a single tire storage display no
more than 8 feet high and 16 feet long may be located on the site of a service station. If
display racks are not located on pump islands, they shall be placed within 3 feet of the
principal building, and shall be limited to 1 per street frontage. Outside storage of motor
vehicles for more than 24 hours (7 days if the vehicle is actively being serviced) is prohibited,
except as provided for truck and utility trailer rentals. The location of display racks and
vending machines shall be specified by the conditional use permit.
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
legisdrWCHP 230 lcp amend 14
- Resolution
No. 20,614-8G
permit request or shall be subject to a new conditional use permit if proposed subsequent to
the original conditional use permit.
I. 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
Government Code Section 65089.3(a)(2), to mitigate the impacts that development projects
may have on transportation mobility, congestion and air quality, and to promote
transportation demand management strategies.
B. Definitions. For purposes of this Section, the following definitions for the following terms
shall apply:
1. Alternative trans ortation mode: Any mode of travel that serves as an alternative to the
single occupant vehicle. This can include all forms ofridesharing, public transit,
bicycling or walking.
2. Carpool: Two (2)to six (6)persons traveling together in a single vehicle.
3. Employee: Means any person employed by a firm,person(s),business, educational
institution, non-profit agency or corporation, government agency, or other entity which
employs 100 or more persons at a single worksite. "Employee" shall include persons
employed on a full-time,part-time, or temporary basis.
4. Employer: Means any person(s), firm, business, educational institution, government
agency, non-profit agency or corporation, or other entity which employs or houses tenants
that collectively employ 100 or more employees at a worksite on a full and/or
part-time/temporary basis.
4. Building Size: Means the total gross floor area measured in square feet of a building or
group of buildings at a worksite. Includes the total floor area of both new development
and existing facilities.
6. Mixed-Use_Development: Means new development projects that integrate any one of
these land uses with another: residential, office, commercial, industrial and business
park.
7. Tenant: Means the lessee of facility space at a development project who may also serve
as an employer.
legisdrit/CHP 230 lcp amend 15
r, Resolution.No. 2004-80
8. Transportation Demand Management(TDM): Means the implementation of programs,
plans or policies designed to encourage changes in individual travel behavior. TDM can
include an emphasis on alternative travel modes to the single occupant vehicle (SOV)
such as carpools, vanpools and transit; and reduction of VMT and the number of vehicle
trips.
9. Vanpool: Means a vehicle occupied by seven(7) or more persons traveling together.
10. Worksite: Means a building or group of buildings which are under common ownership
and the place of employment, base of operation, or predominate location of an employee
or group of employees.
C. Ayplicability:
1. These provisions apply to commercial, industrial, institutional, or other uses which are
determined to employ 100 or more persons, as determined by the employee generation
factors specified under subsection 4. This includes any permit for existing facilities that
already have 100 or more employees or will have 100 or more employees.
2. These provisions apply to all districts, planned communities and specific plan areas
including those covered by development agreements. These provisions shall supersede
other ordinances with which there is a conflict.
3. Notwithstanding "1" above, the following uses and activities shall be specifically exempt
from the provisions of this section:
a. Temporary construction activities on any affected project, including activities
performed by engineers, architects, contract subcontractors and construction workers.
b. Other temporary use classifications or as authorized by the Planning Commission
/Zoning Administrator 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 square feet)
Type of Use Equivalent to 100 Employees
Office/Professional 35,000
Hospital and Medical/Dental 40,000
Industrial (excluding Warehouses) 50,000
Commercial/Retail 50,000
Hotel 0.8 employees/hotel room
Motel 1.2
Resort Hotel 100,000
Mixed or multiple use
Warehouse 100,000
* The employment projection for a development of mixed or multiple uses shall be
calculated on a case-by-case basis based upon the proportion of development devoted
to each type of use.
legisdrft/CHP 230]cp amend 16
Resolution No. 2.404-90
D. Site development standards: Development projects subject to this section shall comply with
the following site development standards:
1. Parking for Carpool Vehicles
a. The following percentages of the total required parking spaces per Chapter 231 shall
be reserved and designated for employee carpool vehicles by making such spaces
"Carpool Only":
Percent of Total Parking Devoted to
Type of Use _ Employee Carpool Parkin
Office Professional --- 13%
Hospital and Medical/Dental Office 9%
Industrial/Warehouse 14%
Commercial/Retail 5%
Hotel space for every 2 employees
b. Carpool spaces shall be located near the building's identified employee entrance(s) or
at other preferential locations within the employee parking areas as approved by the
Director.
2. Shower and Locker Facilities
Shower and locker facilities shall be provided for use by employees or tenants who
commute to the site by bicycle or walking. The use of such facilities shall be provided at
no cost to the user. The design of such facilities shall be shown on the plot plans in the
permit application and conform to the following:
a. Lockers shall be provided at a minimum ratio of 1 for every 20 employees.
b. Separate shower facilities shall be provided at a minimum rate of 2 per 100
employees.
3. Bicycle Parking
a. Bicycle parking facilities shall be provided at the minimum rate of 1 bicycle parking
space for every 20 employees or fraction thereof, in a secure location, and in close
proximity to employee entrances, for use by employees or tenants who commute to
the site by bicycle.
b. A bicycle parking facility shall be a stationary object to which the user can lock the
bicycle frame and both wheels with a user-provided six (6) foot cable and lock.
4. Commuter Information Areas
A commuter information area shall be provided to offer employees appropriate
information on alternative transportation modes. This area shall be centrally located and
accessible to all employees or tenants and shall be sufficient size to accommodate such
information on alternative transportation modes.
5. Passenger Loading Areas
Unless determined unnecessary by the decision-maker,per Title 24,passenger loading
areas to embark and disembark passengers from rideshare vehicles and public
transportation shall be provided as follows:
legisdrfUCHP 230]cp amend 17
R esolutior:No..,2004-80
a. Passenger loading area shall be large enough to accommodate the number of waiting
vehicles equivalent to 1%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 1% 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 7' 2"
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.
A. Conditional Use Permit Required. Applicants desiring a permit for the purpose of operating
a game center as a business in a C district must obtain a conditional use permit from the
Zoning Administrator. The permit is valid only for the number of games specified; the
installation or use of additional games requires a new or amended permit.
B. Adult 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 p.m. on nights preceding school days, or after 10 p.m. on any night. It is
the responsibility of the owner or manager of the game center to obtain a current schedule of
school days and hours.
D. Locational Criteria. A game center shall not be permitted within 2,500 feet of a school site,
300 feet of the boundary of a residential district, or within 500 feet of a liquor store, a
nightclub, cocktail lounge or bar. The distance shall be measured as walking distance from
the game center to the property line of the school site, the district boundary, or the property
line of the liquor store,nightclubs, cocktail lounge, or bar, as the case may be.
E. Restrictions. The Zoning Administrator may impose reasonable restrictions on the physical
design, location, and operation of a game center and require a special bicycle parking area in
legisdrWCHP 230 Icp amend 18
Resolution No. 2004-80
order to minimize the effects of noise, congregation, parking, and other nuisance factors that
may be detrimental to the public health, safety and welfare of the surrounding community.
230.40 Helicopter Takeoff and Landing Areas
A. Permit Required. A conditional use permit may be issued for the construction and operation
of a heliport, helipad, or helistop if the Planning Commission finds that:
l. The helipad,heliport, or helistop conforms to the locational criteria and standards
established in Subsections (B)and (C)of this section, and the requirements of the
California Department of Transportation, Division of Aeronautics;
2. The heliport, helipad, or helistop is compatible with the surrounding environment; and
3. The proposed operation of the helicopter facility does not pose a threat to public health,
safety or welfare.
The Commission may impose conditions of approval on the conditional use permit to prevent
adverse impacts on surrounding properties. if such impacts can not be mitigated to an
acceptable level,the conditional use permit application shall be denied.
B. Locational Criteria.
1. Minimum Separation. Minimum separation between heliports, helipads, and helistops
shall be 1.5 miles, except for facilities specifically intended for emergency use, such as
medical evacuation or police functions, and temporary landing sites.
2. Protected Areas. No heliport, helipad, or helistop shall be located within 1,000 feet of an
R district or the site of a public or private school, except for heliports or helistops
specifically intended only for emergency or police use. Temporary landing sites within
1,000 feet of a public or private school may be allowed with a temporary use permit
subject to approval of the California Department of Transportation.
C. Site Development Standards.
1. Approach and departure paths 65 feet wide shall be free of obstruction for a minimum
distance of 400 feet.
2. Setbacks from property lines shall be as follows:
a. Takeoff and landing area- 50 feet;
b, Helicopter maintenance facilities - 25 feet;
c. Administrative or operations building - 15 feet.
3. Any lighting used for nighttime operations shall be directed away from adjacent
properties and public rights-of-way.
4. A telephone shall be provided on or adjacent to the heliport,helipad or helistop.
5. Helipads or helistops intended for emergency use shall have a landing pad with a standard
landing area designated and the words "Emergency Only." The initial direction of the
departure routes shall be indicated on the takeoff and landing area.
F. Application Re uirements. The following additional information shall be submitted with a
conditional use permit application:
legisdrft/CHF 230 lep amend 19
_ . Resolution No-200�44
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 1" =800' showing existing day/night average noise levels in decibels (LDN noise
contours), future day/night average noise levels with the proposed facility and anticipated
flight operations, and single-event maximum sound levels associated with the types of
helicopters expected to use the facility.
230.42 Bed and Breakfast Inns
A. Permit Required. The Planning Commission may approve a conditional use permit for a bed
and breakfast inn in any C District and RMH-A District after a duly noticed public hearing
upon finding that:
1. The bed and breakfast inn will be operated by a property owner living on the premises;
1. 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. Parking. The requirements of Chapter 231 shall apply.
3. Signs. The requirements of Chapter 233 apply. In addition, in the RMH-A district, no
identifying sign shall be displayed other than a sign no larger than 2 square feet
identifying the name of the establishment. The face of the sign may be indirectly
illuminated by an exterior light source entirely shielded from view,but no internal
illumination from an interior light source shall be permitted.
230.44 Recycling Operations
Collection containers shall be permitted for charitable organizations such as Goodwill.
Recycling containers shall be permitted as an accessory use to a permitted use. Recycling and
collection containers shall not be located within required parking or landscaped areas or obstruct
pedestrian paths. Recycling as an accessory use shall not exceed 500 square feet including any
required attendant parking space. A recycling operation as a primary use shall comply with the
development standards contained in Chapter 212.
legisdrfUCHP 230 lcp amend 20
Pe9011iTiOn No. 2004-80
230.46 Single Room Occupancy
Single room occupancy(SRO) shall comply with the following requirements:
A. General Provisions.
1. All projects shall comply with the most recently adopted City Building, Plumbing,
Mechanical, Electrical, Fire, and Housing Codes.
2. No more than one (1) person shall be permitted to reside in any unit, excluding the
manager's unit and up to 25 percent of the total number of units which have double
Occupancy. (3494-5101)
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. (3494-5/01)
4. An on-site,twenty-four(24)hour manager is required in every SRO project. In addition,
a manager's unit shall be provided which shall be designed as a complete residential unit,
and be a minimum of 300 square feet in size. (3494-5/01)
5. Rental procedures shall allow for monthly tenancies only; deposit,requirements shall be
specified. (3494-5/01)
6. All units within SRO projects shall be restricted to very low and low income individuals
as defined by the City's housing element, with the exception of the twenty-four(24) hour
manager. Rental rates shall be calculated using a maximum of 30% of income toward
housing expenses based on County of Orange income figures. (3494-5/01)
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. (3494-5101)
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. (3494-5/a1)
B. Unit_Requirements.
1. Minimum unit size shall be 250 square feet except double occupancy units shall be a
minimum of 400 square feet. (3494-5101)
2. Maximum unit size shall be three hundred(300) square feet excluding manager's unit and
double occupancy units. (3494-5101)
3. Each unit shall contain a kitchen and bathroom. (3494.5101)
a. Kitchens shall contain a sink with garbage disposal, counter top (minimum 16"x
24"), refrigerator, and stove/oven unit and/or microwave; (3494-5/01)
b. If stoves/oven units are not provided in each unit, then stoves/oven units shall be
provided in a common kitchen area(s). (3494-5/01)
legisdrWCHP 230 lep amend 21
Resolution No. 200 -80-
c. Bathrooms shall contain a lavatory, toilet, and shower or bathtub.
d. Each unit shall have a minimum forty-eight (48)cubic feet of closet/storage space.
C. Project Requirements.
1. Common recreational space shall be provided in each project as follows:
a. Minimum common recreational space shall be four hundred(400) square feet.
b. For projects exceeding thirty(30) units, an additional 10 square feet of recreational
space per unit is required. (3494-5/01)
Units that are 400 square feet or greater shall have a minimum of 15 square feet of
recreational space per unit. (3494-5/01)
c. Common recreational space may be indoor or outdoor provided there is at least forty
percent (40%) allotted toward indoor space and forty percent (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 two hundred(200) square feet in size and has no less than a ten(10) foot
dimension.
2. A single controlled entryway for routine ingress and egress shall be situated adjacent to
and in full view of the manager's desk.
3. A secured office area shall be incorporated in the facility for the storage of confidential
resident records and security office personnel. (3494-5101)
4. Mailboxes shall be provided for each unit located near the lobby in plain view of the entry
desk. (3494-5/01)
5. Handicap access facilities shall be as required by applicable state or local law. (3494-5/01)
6. At least one handicapped-accessible unit shall be required for every twenty(20)units.
(3494-5101)
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. (3494-5/01)
8. A cleaning supply storeroom and/or utility closet with at least one (1)laundry tub with
hot and cold water on every floor shall be provided on every floor. (3494-5101)
9. Storage Lockers (3494-5/o1)
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 ten (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. (3494-5101)
11. Bicycle stalls shall be provided at a minimum of one (1) stall per five (5) units in a
secured and enclosed and covered area. (3494-5/01)
legisdrWCHP 2301cp amend 22
12. Trash disposal chutes as well as a centralized trash area shall be provided on all
multi-story projects. (3494-5101)
13. A minimum of two (2)pay telephones shall be provided in the lobby area. The telephone
service shall only allow outgoing calls. (3494-5/01)
14. Phone.jack(s) shall be provided in each unit. (3494-5101)
15. A shipping and receiving/maintenance garage shall be provided near a convenient
vehicular access on the ground floor. (3494-5/01)
A. Permit Required. Equestrian centers shall be permitted in the OS-PR and PS districts, subject
to the approval of a conditional use permit by the Planning Commission. Where all off-site
improvements are not provided, initial approval shall be for a maximum period of five years
subject to annual review. One year extensions of time may be granted after public hearing by
the Planning Commission. On requests to allow a facility on a permanent basis,the Planning
Commission shall determine required improvements based on the existing and proposed land
uses and the existing off-site improvements within the area.
B. Design and Development Standards.
1. Minimum Parcel Size/Fronta e. The minimum lot size and lot frontage shall be:
_ Area Frontage _
Temporary facilities: 2 acres 100 feet
Permanent facilities: 5 acres 100 feet
2. Density/Riding Density/Riding Areas. Maximum density for horse facilities shall be determined by the
following criteria:
(a) Maximum density shall be twenty-five (25)horses per acre.
(b) Minimum riding area shall be five thousand(5,000)square feet per fifteen(15)
horses. For facilities with over one hundred(100)horses, two separate arenas shall be
provided. In the alternative, off-site riding area shall be provided adjacent to the
facility at the rate of one acre per fifteen(15) horses.
(c) Exercise rings shall have no dimension less than thirty(30) feet.
(d) The minimum arena size shall be ten thousand (10,000) square feet with no
dimension less than eighty(80) feet.
3. Maximum Building_Height. Maximum building height shall be thirty(30) feet.
4. Required Setbacks.
Front: 50 feet
(30 feet for caretaker's residence)
Interior side: 25 feet
Exterior side: 50 feet
Rear: 2.5 feet
Minimum distance to any 300 feet
residential zone or use:
legisdrft/CHP 230!cp amend 23
Resolu,"on Nz. . ?O04--80
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 twelve (12) feet.
6. Wash rack. One wash rack per thirty-five (35) horses or fraction thereof shall be
provided subject to the following requirements. Wash racks designed for more than one
horse shall provide a minimum area per thirty-five (3 5) horses as indicated below:
(a) Individual wash racks shall be 6 feet by 8 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. .
1. Feed mangers or boxes shall not be placed near water sources.
2. Nonleak valves shall be provided for all troughs,bowls,cups and other water sources.
3. Automatic valves or sanitary drains shall be provided for large troughs or cups.
4. Grading in paddocks and corrals shall be properly integrated into a master drainage plan
to prevent ponding of water. Shelters shall be sloped away from the center of the corrals,
or rain gutters shall be installed to the exterior of the corral.
5. Method of disposal of solid wastes shall be approved by Planning Commission. Trash
disposal areas and dumpsters shall be designated and conveniently located with an
all-weather road access provided.
6. All dry grains shall be stored in rodent-proof metal containers and hay storage shall be
covered. Bulk or commercial amounts of grain or hay shall be located a minimum of fifty
(50) feet away from any horse enclosure.
D. Miscellaneous Operating Requirements.
l. 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.
legisdrft/CHP 230 lcp amend 24
Resolution ltiTo. 20Ct4=8fT
4. A permanent single family residence shall be provided on the site with a watchman on
duty twenty-four(24) hours a day. Two fully enclosed parking spaces shall be provided.
Where a mobilehome is used to satisfy this requirement, one carport space and one open
space shall be permitted.
5. A back-siphoning device shall be installed to protect the public water supply. An
approved pressure vacuum breaker is recommended on the waterline serving the corrals.
The vacuum breaker shall be at least twelve (12) inches above the highest point of water
usage or an approved double-check valve may be used.
6. Security lighting shall be confined to the site and all utilities shall be installed
underground.
7. A log containing the name of every horse, its location in the facility, the owner's name
and address, and the names and addresses of persons to be notified in case of emergency
shall be maintained in the watchman's quarters for ready reference.
8. All fire protection appliances, appurtenances, emergency access, and any other applicable
requirements,pursuant to Huntington Beach Municipal Code Chapter 17.56, shall meet
the specifications of the fire department.
9. The entire site, exclusive of riding areas, shall be fenced in such a manner as to confine
horses within the site in order to protect the perimeter landscaping from damage.
Individual corrals shall be enclosed by a minimum five(5) foot high fence.
E. Off-street Parking and Landscaping.
1. Parking and circulation design shall comply with the standards outlined in Chapter 231.
In addition, the perimeter of the parking area shall be delineated by pilasters or wooden
poles with chain, cable,or heavy rope connectors. The parking lot shall he surfaced in
accord with the specifications of the Department of Public Works.
2. Landscaping, as set out in Chapter 232, shall be provided except that the minimum
landscaped area required shall be a ten (10) foot wide (inside dimension)planter along all
property lines.
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 Planning Commission
for a period of time not to exceed ten(10)years. One year extension of time may be granted
after public hearing by the Planning Commission.
B. Location Considerations: The Planning Commission shall consider the following issues
when evaluating a proposed conditional use permit:
1. The site's proximity to residences, schools,hospitals and other noise sensitive uses.
2. The potential adverse impacts on traffic circulation and pedestrian safety.
3. The site's proximity to other indoor swap meets/flea markets to avoid overconcentration
of facilities.
4. The site's proximity to businesses processing hazardous materials.
legisdrfUCHP 230 lep amend 25
v Res��hitioii P�c�. t 4-80
C. Location Criteria.
1. Indoor swap meet/flea market uses shall only be allowed on property located adjacent to
arterial streets.
D. Minimum Building Size.
1. Minimum building gross floor area shall be one hundred thousand(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 permit requirements or
shall be subject to new entitlement if proposed after the initial application has been filed.
2. Sims.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 (Reserved)
230.54 (Reserved)
230.56 (Reserved)
230.58 (Reserved)
230.60 (Reserved)
All Districts
230.62 Building Site Required
No building or structure shall be erected or moved onto any parcel of land in the city except on a
lot certified in compliance with the Subdivision Map Act and local subdivision and zoning
provisions at time of creation or on a parcel created as a result of a public taking. No building or
structure shall be altered or enlarged to increase the gross floor area by more than 50 percent
within any one-year period except on a legal building site.
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.
legisdrft/CHP 230 lep amend 26
Reso':ution No. 2004-5(�
C. An existing legal lot comprising a minimum size of 5,000 square feet or greater and a
minimum width of 50 feet or greater shall not be considered substandard for purposes of this
section.
230.66 Development on Lots Divided by District Boundaries
The standards applicable to each district shall be applied to the area within that district. No use
shall be located in a district in which it is not a permitted or conditional use. Pedestrian or
vehicular access from a street to a use shall not traverse a portion of the site in a district in which
the use is not a permitted or conditional use.
230.68 Building Projections Into Yards and Courts
Projections into required yards and courts shall be permitted as follows:
ALLOWABLE PROJECTIONS IN FEETa
Front Side Street Side Rear
Yard Yard Yard Yard
Fireplace or chimney 2.5 2.5b 2.5 2.5
Cornice, eaves and 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 porches 4 2b 4 4b
more than 3 feet in height
Bay windows 2.5 2.5b 2.5 2.5
Balconies 3 2b 3 3
Covered patios 0 0 5c 5
Notes: allo individual projection shall exceed 1/3 of the building length, and the total of all
projections shall not exceed 2/3 of the building length on which they are located.
bA 30-inch clearance from the property line shall be maintained.
cNo projection shall extend more than 1/2 the width of the street side yard.
230.70 Measurement of Height
This section establishes standards for determining compliance with the maximum building height
limits prescribed for each zoning district or as modified by an overlay district.
A. Datum (100) shall be set at the highest point of the curb along the front property line. If no
curb exists, datum shall be set at the highest centerline of the street along the front property
line.
B. The differential between top of subfloor and datum shall be a maximum of two (2) feet as
determined by Public Works. In the event that any subfloor, stemwall or footing is proposed
legisdrft/CHP 230!cp amend 27
L. Rcsolution No 2Q0�1-80
greater than two (2) feet above datum, the height in excess shall be deducted from the
maximum allowable ridgeline height.
C. Lots with a grade differential of three (3) feet or greater between the high point and the low
point, determined before rough grading, shall be subject to conditional use permit approval
by the Zoning Administrator. 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 4 feet high; water tanks; fire towers; transmission antennae (including wireless
communication facilities); radio and television antennas (except satellite dish antennae); and
similar structures and necessary mechanical appurtenances (except wind-driven generators) may
exceed the maximum permitted height in the district in which the site is located by no more than
10 feet. The Zoning Administrator may approve greater height with a conditional use permit.
Within the coastal zone exceptions to height limits may be granted only when public visual
resources are preserved and enhanced where feasible. (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, 1L,
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. (3sM-2l02)
B. Permit Conditions: Grounds for Denial. The Zoning Administrator may require yards,
screening, or planting areas necessary to prevent adverse impacts on surrounding properties.
If such impacts cannot be prevented,the Zoning Administrator shall deny the conditional use
permit application.
C. Exceptions. Notwithstanding the provisions of subsections (A) and (B) above, outdoor
storage and display shall be permitted in conjunction with the following use classifications in
districts where they are permitted or conditionally permitted:
1. Nurseries,provided outdoor storage and display is limited to plants, new garden
equipment and containers only; and
2. Vehicle/E ui ment Sales and Rentals provided outdoor storage and display shall be
limited to vehicles, boats, or equipment offered for sale or rent only.
D. Screening. Outdoor storage and display areas for rental equipment and building and
landscaping materials shall be screened from view of streets by a solid fence or wall. The
height of merchandise, materials, and equipment stored or displayed shall not exceed the
height of the screening fence or wall.
230.76 Screening of Mechanical Equipment
A. General Requirement. Except as provided in subsection (B)below, all exterior mechanical
equipment, except solar collectors and operating mechanical equipment in an I District
located more than 100 feet from another zoning district boundary, shall be screened from
legisdrft/CHP 230 lcp amend 28
Resolution No.. 2004-80
view on all sides. Equipment to be screened includes,but is not limited to, heating, air
conditioning,refrigeration equipment, plumbing lines, ductwork, and transformers.
Screening of the top of equipment may be required by the Director, if necessary to protect
views from an R or OS district. Rooftop mechanical equipment shall be setback 15 feet from
the exterior edges of the building.
B. 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. 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
A. Refuse storage area screened on three sides by a 6-foot masonry wall and equipped with a
gate, or located within a building, shall be provided prior to occupancy for all multi-family
residential, commercial, industrial, and public/semipublic uses. Locations, horizontal
dimensions, and general design parameter of refuse storage areas shall be as prescribed by the
Director, subject to appeal to the Planning Commission. The trash area shall not face a street
or be located in a required setback. The design and materials used in such trash enclosures
shall harmonize with the main structure.
230.80 Antennae
A. P. urpose. 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 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. (3334-6/97,3668-9/02)
C. Locational Criteria: Satellite Antennae. A satellite antenna maybe 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 6 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. (3568.9102)
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. (3568-9102)
legis&WCHP 230 lep amend 29
- . Resolution No.,2004-80
b. The maximum height of an antenna shall not exceed the maximum building height for
the district in which the antenna is located. (3568-9/02)
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
non-residential districts if a conditional use permit is approved by the Zoning
Administrator. (3568-9/02)
5. Screening: The structural base of an antenna or satellite antenna, including all bracing
and appurtenances, but excluding the antenna or dish itself, shall be screened from public
view and adjoining properties by walls, fences, buildings, landscape, or combinations
thereof not less than 7 feet high so that the base and support structure are not visible from
beyond the boundaries of the site at a height-of-eye 6 feet or below. (3568-9/02)
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. (3568-9/02)
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. (3568-9/02)
230.82 Performance Standards For All 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. Storage On Vacant Lot. A person may not store,park,place, or allow to remain in any part
of a vacant lot any unsightly object. This does not apply to building materials or equipment
for use on the site during the time a valid building permit is in effect for construction on the
premises.
230.84 Dedication and Improvements
A. Dedication Required. Prior to issuance of a building permit, or prior to the use of land for
any purpose, all real property shall be dedicated or irrevocably offered for dedication which
the City requires for streets, alleys, including access rights and abutters' rights, drainage,
public utility easements, and other public easements. In addition, all streets and alleys shall
1egisdrRICHP 230 1cp amend 30
Resolution No 2004- )
be improved, or an agreement entered into for such improvements including access rights and
abutters' rights, drainage, public utility easements, and other easements.
B. Excelations. 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
(1) year,may be granted upon consideration of the following criteria:
a. Type of horticultural use proposed.
b. Duration(temporary or permanent).
c. Vehicular access and effect of the proposed use on 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
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
permit has been filed, street improvements plans and specifications have been submitted
for plan check, and all fees, established by resolution of the City Council, have been paid.
The Building Division shall issue such building permit after determining that the work
described in the application and the accompanying plans conforms to requirements of the
Huntington Beach Building Code and other pertinent laws and ordinances.
2. The Building Division shall make a frame inspection, as required by the Huntington
Beach Building Code, at which time all off-site improvements, including curbs, gutters,
and street paving, shall be completed.
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.
legisdrfi/CHP 230lep amend 31
I esolutioo N9 ?r404-80
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 percent of
the City's estimate (including inflation estimates) of the required improvements. Such
bond or cash shall be deposited with the City Treasurer.
d. Where the developer has agreed with the City in writing that the deposit required by
subsection(3)of this section may be used by the City after an agreed upon time to
complete the required improvements, the remainder of such deposit, if any, shall be
returned to the developer upon completion of such improvements by the City.
e. The Director of Public Works is authorized to receive applications from persons
desiring waivers of street improvement requirements and to enter into the necessary
written agreements with such applicants. A non-refundable fee set by resolution of
the City Council shall accompany such application.
4. Where construction is limited to one lot and the erection of a detached single family
dwelling thereon, street improvements shall include curb, gutter, sidewalk, street trees,
street lights, sewer and water main extensions, and ten(10) feet of street paving to meet
Department of Public Works standards. Where necessary, temporary paving shall be
installed to join existing street improvements.
230.86 Seasonal Sales
A temporary sales facility for the sale of seasonal products including Christmas trees, Halloween
pumpkins, or a single, season agricultural product not grown on site are permitted adjacent to any
arterial highway in any district and on all church or school sites as a temporary use approved by
the Director and in compliance with the following:
A. Time Limit.
1. A Christmas tree sales facility shall not be open for business during any calendar year
prior to Thanksgiving.
2. A Halloween pumpkin sales facility shall not be open for business during any calendar
year prior to October 1.
3. A single agricultural product sales facility shall be approved for a period of time not to
exceed 90 days.
B. Merchandise to be Sold. A permitted Christmas tree or Halloween pumpkin sales facility
may not sell items not directly associated with that season. Only one single, season
agricultural product may be sold at any one time.
C. Site Standards.
1. Storage and display of products shall be set back not less than ten(10) feet from edge of
street pavement, and shall not encroach into the public right-of-way.
2. A minimum of ten (10) off-street parking spaces shall be provided.
3. Ingress and egress to the site shall be reviewed by the Department of Public Works to
insure that no undue traffic safety hazard will be created.
4. Temporary structures shall comply with Building Division standards.
5. Electrical permit shall be obtained if the facility is to be energized.
legisdrti/CHP 2301cp amend 32
Resolution No. 2004-80
6. The facility shall comply with fire prevention standards as approved and enforced by the
Fire Chief.
D. Bond Required. Prior to issuance of a business license and approval by the Director, a five
hundred dollar($500) cash bond shall be posted with the City to ensure removal of any
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 ten 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 and C are
hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs
between the diagrams and the printed text, the text shall prevail. Yards and fencing shall comply
with the following criteria in all districts or as specified.
A. Permitted Fences and Walls.
1. Fences or walls a maximum of forty-two (42) inches in height may be located in any
portion of a lot, except screen walls on lots in the RMH-A subdistrict shall be set back a
minimum of three (3) feet from the front property line. Fences or walls exceeding
forty-two (42)inches in height may not be located in the required front yard, except as
permitted elsewhere in this Section. (3334-6197,3410-3199)
2. Fences or walls a maximum of six (6) feet in height may be located in required side and
rear yards, except as excluded in this Section. Fences or walls exceeding six(6) feet in
height may be located in conformance with the yard requirements applicable to the main
structure except as 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 (8) feet including retaining wall with the following: (3525-2102)
(1) The proposed building materials and design shall be in conformance with the
Urban Design Guidelines. (3525-2/02)
(2) Extensions to existing wall(s) shall require submittal of engineering
calculations to the Building and Safety Department. (3525-2102)
(3) The property owner shall be responsible for the care and maintenance of
landscape area(s) and wall(s) and required landscape area(s). (3525.2 O2)
(4) Approval from Public Works Department. (3525-2.102)
3. Fences or walls in the rear yard setback area of a through-lot shall not exceed forty-two
(42) inches in height. This subsection shall not apply to lots abutting arterial highways.
4. In the RL district, garden or wing walls or fences equal in height to the first floor double
plate, but not exceeding nine (9) feet, which are perpendicular to and entirely within a
side yard may be constructed to the interior side property line and to within five(5) feet
Eegisdrft/CHP 230 lcp amend 33
Resolution No. 2004-�80
of the exterior side property line provided they are equipped with a three (3) foot gate or
accessway.
5. When residential property abuts open or public land or property zoned or used for office,
commercial, or industrial purposes, an eight (8) foot high solid masonry or block wall
may be constructed on the common side or rear property line.
6. In order to allow variations in the street scene in R districts, fences or walls exceeding
forty-two (42) inches in height may be permitted at a reduced front setback of six (6) feet
subject to plan review approval by the Director in conformance with the following
criteria:
a. The reduced setback shall be only permitted for five (5) or more contiguous lots under
the same ownership and only at the time of initial construction of the dwellings.
b. Such walls shall not encroach into the visibility triangular area formed by measuring
seven and one-half(7.5) feet along the driveway and ten(10) feet along the front
property line at their point of intersection.
c. Such walls shall conform to all other applicable provisions of this section.
7. Retaining walls shall comply with the following:
a. Where a retaining wall is located on the property line separating lots or parcels and
protects a cut below the natural grade, such retaining wall may be topped by a fence,
wall or hedge of the same height that would otherwise be permitted at the location if
no retaining wall existed.
b. Where a retaining wall is on the property line of a rear yard abutting an arterial or
exterior side yard and contains a fill of two (2) ft. or less or protects a cut below the
existing grade, such retaining wall may be topped with a six (6) ft. decorative
masonry wall.
c. Where a retaining wall is on the property line of a rear yard abutting a local street, the
maximum retaining wall height shall be twenty-four(24) inches as measured from the
adjacent curb and may be topped with a maximum eighteen(18) inch decorative wall
or fence for a total height of forty-two (42) inches.
d. (1) The maximum height of a retaining wall on the front property line shall be
thirty-six (36) inches as measured from the top of the highest adjacent curb.
Subject to the Director's approval, a maximum forty-two(42) inch high wall or
fence may be erected above the retaining wall with a minimum three(3) foot
setback from the front property line. (3334-6197,3410-3/99)
(2) In the RMH-A subdistrict, the maximum height of a retaining wall on the front
property line shall be eighteen (18) inches as measured from the top of the
highest adjacent curb. Subject to the Director's approval, a second retaining wall
up to eighteen (18) inches in height may be erected above the eighteen (18) inch
high retaining wall with a minimum three (3) foot front setback. A wall or fence
up to forty-two (42) inches in height may be erected on top of the retaining wall
with the minimum three foot front setback. (See Exhibit below.) (3410-3199)
Required
-�" Tree/Palm
legisdrfUCHP 230]cp amend 34 I
I
Resolution No. 2004-80
Landscaping
i14ax d7"
Max.
�
r i
Max.18" Fj
_P1' Cy
r
Sidewalk/Parkway Max.I R"
*See Maximum building height in Chapter 210
e. All retaining walls abutting a street shall be waterproofed to the satisfaction of the
Director.
f Retaining wall and fence combinations over eight(8) feet in height shall be
constructed with a variation in design or materials to show the distinction. Retaining
wall and fence combinations over six (6) feet in height shall be designed without
decorative block or cap block, except if equal in strength to the main portion of the
fence.
8. The height of any fence, wall or hedge located in the front yard setback shall be measured
from top of the highest adjacent curb. All other fence heights shall be measured from
existing grade.
9. Any fence or wall located on the front property line shall be approved by the Department
of Public Works.
10. In the industrial districts,nine (9) foot high fences may be permitted in the side and rear
setbacks up to the front building line subject to plan review approval by the Director.
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. (3334-6/97)
B. Required Walls.
1. When office, commercial or industrial uses abut property zoned or used for residential, a
six (6) foot high solid six (6) inch concrete block or masonry wall shall be required. If a
wall meeting these standards already exists on the abutting residential property,
protection from vehicle damage shall be provided by a method approved by the Director.
The maximum fence height shall be eight(9) feet at the common property line, subject to
the same design standards and setback requirements as specified for six (6) foot high
fences.
2. Industrial screening walls abutting arterial highways shall be architecturally compatible
with surrounding properties, constructed of a minimum six (6) inch wide decorative
masonry block, and designed with landscape pockets at thirty-five (35) foot intervals
legisdH VCHP 230 lep amend 35
Resolution No. 2004--80
along the street side sufficient in size to accommodate at least one (1) 15-gallon tree.
Approval of a conditional use permit by the Zoning Administrator shall be required prior
to construction of such walls.
C. Visibility.
1. On reverse corner lots and corner lots abutting an alley, no fence, wall or hedge greater
than forty-two (42) inches in height may be located within the triangular area formed by
measuring ten (10) feet from the intersection of the rear and street side property lines.
2. On corner lots, no fence,wall, landscaping, berming, sign, or other visual obstruction
between forty-two (42) inches and seven (7)feet in height as measured from the adjacent
curb elevation may be located within the triangular area formed by measuring twenty-five
(25) feet from the intersection of the front and street side property lines or their
prolongation. Trees trimmed free of branches and foliage so as to maintain visual
clearance below seven(7) feet shall be permitted.
3. Visibility of a driveway crossing a street or alley property line or of intersecting
driveways shall not be blocked between a height of forty-two (42) inches and seven(7)
feet within a triangular area formed by measuring ten (10) feet from intersecting
driveways or street/alley and driveway.
PRpp�R
mow, �T
23o-CORr
DIAGRAM A
. _ . . _ . . _ . . _ . - - - - - . . _ . . _ . . _ . . _ . . ._ .
1 O' 7 O' 10 1 O' 1 O' .10.
;30�tb
legisdrft/CHP 230 Icp amend 36
Resolution No. 2004-80
STREET/ALLEY
DIAGRAM B
REVERSE CORNER LOT
CORNER LOT INTERIOR LOT CORNER LOT ABUTTING ALLEY
f
io i >P
THROUGH THROUGH LOT
CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WALL
A 42 Inch high fence may be constructed on any portion of the lot.
I
® Indicates that portion of the lot on which a
b foot high fence may be constructed.
A" Indicates minimum front yard setback.
uQia ram C
I
I
6,47,91 65CMOiAW37GARJNW
230.90 Contractor's Storage Yards/Mulching Operation
Contractor's storage yards in conjunction with public facility improvement contracts, and
mulching operations on unimproved public or private property may be permitted subject to the
following:
A. Initial approval shall be for a maximum of two (2)years. The use shall be eligible for a
maximum of three one year extensions by the Planning Commission.
B. The development shall comply with parking, access and setback requirements contained in
Chapter 231.
230.92 Landfill Disposal Sites
legisdrR/CHP 230 lep amend 37
Resolution No. 2004-80
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.
l. 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.
3. 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 Health Services and/or the City of Huntington Beach, the following
additional measures shall be taken prior to excavation of such site:
l. 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.
legisdrftlCHP 230 1cp amend 38
Resolution No. 2004-80
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 agents, during excavation. The plan shall contain specific
procedures to be followed by all responsible parties involved with the excavation.
2. A plan containing specific measures to monitor air quality to be implemented during
excavation to prevent the exposure of on-site workers or area residents to unhealthful
vapors from the site. If deemed necessary by the State Department of Health Services,
the plan shall also include specific measures for evacuation of residents in the vicinity of
the site.
3. A plan showing specific routes for vehicles transporting hazardous wastes from the site.
4. A plan containing specific steps for restoration of the site to a safe condition if excavation
is terminated prematurely.
F. Exemptions. The following activities shall be exempt from the requirements of this section
unless otherwise determined by the Director:
1. The drilling of holes up to twenty-four(24) inches in diameter for telephone or power
transmission poles or their footings.
2. The drilling of oil wells, gas wells or landfill gas collection wells or the maintenance of
gas or leachate collection systems.
3. Any excavation activity which has been determined by the Director to pose an
insignificant risk, or any activity which has been covered sufficiently in a plan prepared
for any other agency having jurisdiction over the site.
G. Excavation Activity Prohibited.
i. 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.
23094 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. (3249-6/95; 3482-12/00;3525-2/02)
A. Location and Design Criteria. Cart and kiosk uses shall conform to the following: (3249-6/95)
1. No portion of a cart or kiosk shall overhang the property line. (3249-6/95)
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
1cgisdrft1C1iP 2301cp amend 39
blocked by the proposed cart or kiosk, those spaces must be replaced on-site at a one-to-
one (1:1)ratio. (3249-6t95)
3. The cart or kiosk shall not exceed a maximum of four(4) feet in width excluding any
wheels, eight(8) feet in length including any handle, and no more than six (6) feet in
height excluding canopies, umbrellas or transparent enclosures unless a larger size is
approved. (3249-6195,3525-2102)
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: (3249-6/95,3525-2102)
1. Appropriateness of the cart or kiosk design, color scheme, and character of its location;
(3249-6195)
2. Appropriateness and location of signing and graphics; (3249-6195)
3. The width of the sidewalk or pedestrian accessway; (3249-6195)
4. The proximity and location of building entrances; (3249-6195)
5. Existing physical obstructions including,but not limited to signposts, light standards,
parking meters, benches,phone booths, newsstands,utilities and landscaping; (3249-6/95)
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;
(3249-6l95)
7. Pedestrian traffic volumes; and (3249-6195)
S. Handicapped accessibility. (3249-6/95)
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. (3249-6/95)
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. (3249-6195)
4. All provisions of the Huntington Beach Municipal Code which are not in conflict with
this section shall apply. (3249-6195)
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. (3249-6195;3525-2/02)
6. The sale of alcoholic beverages shall be prohibited. (3249-6195)
7. The number of employees at a cart or kiosk shall be limited to a maximum of two (2)
persons at any one time. (3249-6195)
S. Fire extinguishers may be required at the discretion of the Fire Department. (3249-6/95)
legisdrfl/CHP 230 Icp amend 40
Resolution No. 2004-80
9. All cart and kiosk uses shall be self contained for water,waste, and power to operate.
(3249-6195)
10. A cart or kiosk operator shall provide a method approved by the Planning Director for
disposal of business related wastes. (3249-6/95,3525-2/02)
D. Parking, Additional parking may be required for cart or kiosk uses by the Planning Director.
(3249-6195,3525-2/02)
E. Review: Revocation. The Planning Department shall conduct a review of the cart or kiosk
operation at the end of the first six (6)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. (3249-6/95;3525-2102)
F. Limited Notification. Ten(10) working days prior to submittal for a building permit or
certificate of occupancy, applicant shall notice adjacent property owners and tenants by first
class mail. Notice of application shall include the following: (3525-2/02)
1. Name of applicant. (3525-2/02)
2. Location of planned development or use, including address. (3525-2102)
3. Nature of the proposed development shall be fully disclosed in the notice. (3525-2102)
4. Planning Department phone number and address of City Hall shall be provided in the
notice to call for viewing plans. (3525-2/02)
5. The date by which any comments must be received in writing by the Planning
Department. (3525-2/02)
6. Planning Department shall receive entire list including name and address of those
receiving the mailing. (3525-2/02)
230.96 Wireless Communication Facilities
A. Purpose. All wireless communication facilities shall comply with these requirements and
guidelines in order to regulate the location and design of wireless facilities for the protection
of public safety, general welfare, and quality of life in the City of Huntington Beach. 3568-9/02)
B. Permit Required.
1. Administrative approval by the Director may be granted for proposed wireless
communication facilities (including but not limited to ground mounted, co-located, wall,
roof, or utility mounted) that are: (3568-9102)
a. Co-located to approved facilities at existing heights or complies with the base district
height limit for modified facilities, and compatible with surrounding buildings and
land uses by incorporating stealth techniques; or (3568-9/02)
b. Completely stealth facilities and complies with the base district height limit;or
(3568-9102)
c. Facilities in non-residential districts and in compliance with the maximum building
height permitted within the zoning district; and (3568-9/02)
1. Screened from view and not visible from beyond the boundaries of the site at eye
level (six feet); or (3568-9/02)
legisdrft/CHP 230 lep amend 41
Resolution No. 2004-80
2. Substantially integrated with the architecture of the existing building or structure
to which it is to be mounted; or (3568-9/02)
3. Designed to be architecturally compatible with surrounding buildings and land
uses by incorporating stealth techniques. (3568-9102)
2. Conditional use permit approval by the Zoning Administrator shall be required for all
proposed wireless communication facilities (including but not limited to ground mounted,
co-located, wall, roof or utility mounted) that are: (3568-9102)
a. Exceeding the maximum building height permitted within the zoning district; or
(3568402)
b. Visible from beyond the boundaries of the site at eye level (six feet); or (3568-9102)
c. Not substantially integrated with the architecture of the existing building or structure
to which it is to be mounted; or (3568-9102)
d. Not designed to be architecturally compatible with surrounding buildings and land
Uses; Or (3568-9/02)
e. Facilities in residential districts that do not meet B.La or B.Lb. (3568-9102)
3. Design review shall be required for wireless communication facilities located in
redevelopment areas, on public right-of-ways, in OS-PR and PS zones, in areas subject to
specific plans, on or within 300 feet of a residential district, and in areas designated by
the City Council. Design review is not required for wireless communication facilities that
comply with section B.1. (3568-9/02)
C. Definitions. For the purpose of this section, the following definitions for the following terms
shall apply: (3568-9/02)
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. (3568-9/02)
2. Co-Location or Co-Located. The location of multiple antennas 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. (3568-9/02)
3. Completely Stealth Facility. Any stealth 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 screed roof-mounted antennas, facade mounted antennas treated as
architectural elements to blend with the existing building, flagpoles, church steeples, fire
towers, and light standards. (3568-9102)
4. Ground Mounted Facility. Any wireless antenna that are affixed to a pole, tower or other
freestanding structure that is specifically constructed for the purpose of supporting an
antenna. (3568-9/02)
5. Microwave Communication. The transmission or reception of radio communication at
frequencies of a microwave signal (generally, in the 3 GHz to 300 GHz frequency
spectrum). (3568-9/02)
6. Pre-existing Wireless Facility. Any wireless communication facility for which a building
permit or conditional use permit has been properly issued prior to the effective date of.
IegisdrWCHP 230 Ecp amend 42
Resolution No. 2004-80
this ordinance, including permitted facilities that have not yet been constructed so long as
such approval is current and not expired. (3568-9102)
7. 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.
(3568-9/02)
8. Stealth Facility or Techniques. Any wireless communication facility,which is designed
to blend into the surrounding environment, typically, one that is architecturally integrated
into a building or other concealing structure. See also definition of completely stealth
facility. (3568-9102)
9. Telecommunication Facility. A wireless communication facility that is either wall
mounted, utility mounted, or roof mounted. (3568-9/02)
10. 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, recreational facility Iighting, traffic
signal equipment or any other utility which meets the purpose and intent of this
definition. (3568-9/02)
11. 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. (3568-9/02)
12. Wireless Communication Facility or Facili . An antenna structure and any appurtenant
facilities or equipment that are used in connection with the provision of wireless
communication service, including, but not limited to digital, cellular and radio service.
(3568-9102)
D. Applicability. (3568-9102)
1. All wireless communication facilities which are erected, located, or modified within the
City of Huntington Beach on or following the effective date of section 230.96 shall
comply with these guidelines, subject to the categorical exemptions under subparagraph
(3) of this section, provided that: (3568-9/02)
a. All facilities,for which applications were determined complete by the Planning
Department prior to the effective date of this section, shall be exempt from these
regulations and guidelines. (3568-9102)
b. All facilities for which Building and Safety issued building permits prior to the
effective date of section 230.96 shall be exempt from these regulations and
guidelines, unless and until such time as subparagraph(2) of this section applies.
(3568-9/02)
c. Any facility, which is subject to a previously approved and valid conditional use
permit,may be modified within the scope of the applicable permit without complying
with these regulations and guidelines. (3568-9102)
2. All facilities for which building permits and any extension thereof have expired shall
comply with the provisions of section 230.96. (3568-9/02)
legisdrft/CHP 230 lop amend 43
Resolution No. 2004-80
3. The following uses shall be exempt from the provisions of section 230.96 until pertinent
federal regulations are amended or eliminated. See Section 230.80 (Antennae) for
additional requirements. (3568-9102)
a. Any antenna structure that is one meter(39.37 inches) or less in diameter and is
designed to receive direct broadcast satellite service, including direct-to-home
satellite service for television purposes, as defined by Section 207 of the
Telecommunication Act of 1996, Title 47 of the Code of Federal Regulations, and any
interpretive decisions thereof issued by the Federal Communications Commission
(FCC). (3568-9/02)
b. Any antenna structure that is two meters (78.74 inches) or less in diameter located in
commercial or industrial zones and is designed to transmit or receive radio
communication by satellite antenna. (3568-9102)
c. Any antenna structure that is one meter (39.37 inches) or less in diameter or diagonal
measurement and is designed to receive Multipoint Distribution Service,provided that
no part of the antenna structure extends more than five (5) feet above the principle
building on the same lot. (3558-9102)
d. Any antenna structure that is designed to receive radio broadcast transmission.
(3568-9102)
e. Any antenna structure used by authorized amateur radio stations licensed by the FCC.
(3568-9102)
E. Facility Standards.
1. Aesthetics:
a. Facility: All screening used in conjunction with a wall or roof mounted facility shall
be compatible with the architecture of the building or other structure to which it is
mounted, including color, texture and materials. All ground mounted facilities shall
be designed to blend into the surrounding environment, or architecturally integrated
into a building or other concealing structure. (3568-9/02)
b. Eauipment/Accessoa Structures: All equipment associated with the operation of the
facility, 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. Screening materials and support structures housing
equipment shall be architecturally compatible with surrounding structures by
duplicating materials and design in a manner as practical as possible. If chain link is
used, then it must be vinyl coated and not include barbed wire. (3568-9102)
c. General Provisions: All Wireless Communication Facilities shall comply with the
Huntington Beach Urban Design Guidelines. (3568-9102)
2. 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. (3568-9102)
3. Conditions of Approval Acceptance of conditions by the applicant and property owner
shall be ensured by recordation of the conditions on the property title. (3568-9102)
legisdrft/CHP 230]cp amend 44
Resolution No. 2004-80
4. Federal Requirements: All Wireless Communication Facilities must meet or exceed
current standards and regulations of the FCC, and any other agency of the state or federal
government with the authority to regulate wireless communication facilities. (3568-9/02)
5. Interference: To eliminate interference the following provisions shall be required for all
wireless communication facilities regardless of size: (3568-9/02)
a. Prior to issuance of a building permit, the applicant must submit the following
information to the Police Department for review: (3568-9/02)
1. All transmit and receive frequencies; (3568-9/02)
2. Effective Radiated Power(ERP); (3568-9/02)
3. Antenna height above ground, and (3568-9102)
4. Antenna pattern,both horizontal and vertical (E Plane and H Plane). (3568-9ro2)
b. 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 applicant shall
cease operation of any facility 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. (3568-9102)
c. Before activating its facility,the applicant shall submit to the Police and Fire
Departments a post-installation test to confirm that the facility does not interfere with
the City of Huntington Beach Public Safety radio equipment. The Communications
Division of the Orange County Sheriff's Department or Division-approved contractor
at the expense of the applicant shall conduct this test. This post-installation testing
process shall be repeated for every proposed frequency addition and/or change to
confirm the intent of the "frequency planning"process has been met. (3568-9/02)
d. The applicant shall provide to the PIanning Department a single point of contact
(including name and telephone number) in its Engineering and Maintenance
Departments to whom all interference problems may be reported to insure continuity
on all interference issues. The contact person shall resolve all interference complaints
within 24 hours of being notified. (3568-9102)
e. The applicant shall insure that lessee or rather user(s) shall comply with the terms and
conditions of this permit, and shall be responsible for the failure of any lessee or other
users under the control of the applicant to comply. pms-9ro2)
6. Lighting: All outside lighting shall be directed to prevent"spillage" onto adjacent
properties, unless required by the FAA or other applicable authority, and shall be shown
on the site plan and elevations. (3568-9102)
7. Maintenance: All facilities and appurtenant equipment shall be maintained to remain
consistent with the original appearance of the facility. Ground mounted facilities shall be
covered with anti-graffiti coating. (3568-9/02)
8. Monitoring: For all wireless communication facilities, the applicant shall provide a copy
of the lease agreement between the property owner and the applicant prior to the issuance
of a building permit. (3568-9/02)
9. Signs: The facility shall not bear any signs or advertising devices other than certification,
warning, or other required seals of signage. (3568-9102)
fegisdrft/CHP 230!cp amend 45
Resolution No. 2004-80
F. Site Selection. For all wireless communication facilities, the applicant shall provide
documentation that demonstrates the following: (3568-9/02)
1. Compatibility with the surrounding environment or architecturally integrated into a
structure. (3568-9102)
2. Screened or camouflaged by existing or proposed topography, vegetation, buildings or
other structures as measured from beyond the boundaries of the site at eye level (six feet).
(3568-9102)
3. Massing and location of the proposed facility are consistent with surrounding structures
and zoning districts. (3568-9102)
4. No portion of a wireless communication facility shall project over property lines.
(3568-9/02)
5. Significant adverse impacts to public visual resources shall be
minimized by incorporating one or more of the following into project
design and construction:
a. Co-locating antennas on one structure;
b. Stealth installations
c. Locating,facilities within existing building envelopes;
d. Minimizing visual prominence through colorization or landscaping;
e. Removal of facilities that become obsolete.
6. Wireless communication facilities affecting the ublic viewshed and/or
located in areas designated water Recreation, conservation, Parks and
Shoreline shall be removed within six (6) months of termination of use
and the site restored to its natural state.
G. Facilities in the Public Ri h�Way. Any wireless communication facility to be placed
over, on or beneath the public right-of-way shall comply with the following standards:
(3568-9/02)
1. Any wireless communication facilities to be constructed on or beneath the public right-of-
way must have a franchise agreement with the City or the owner that has a wireless
franchise agreement with the City, or the applicant must provide documentation
demonstrating that the applicant is a state-franchised telephone corporation exempt from
local franchise requirements. (3568-9102)
2. All equipment associated with the operation of a facility, including but not limited to
transmission cables, shall be placed underground in those portions of the street, sidewalks
and public rights-of-way where cable television, telephone or electric lines are
underground. At no time shall equipment be placed underground without appropriate
conduit. (3568-9/02)
3. The City Engineer shall approve the location and method of construction of all facilities
located within public rights-of-way. (3568-9/02)
4. All wireless communication facilities shall be subject to applicable City permit and
inspection fees, including,but not limited to, those pertaining to encroachment permits
and all applicable fees. (3568-9ro2)
5. Any wireless communication facility installed, used or maintained within the public
rights-of-way shall be removed or relocated when made necessary by any"project." For
purposes of this section,project shall mean any lawful change of grade, alignment or
width of any public right-of-way, including but not limited to, the construction of any
legisdrWCHP 230 lep amend 46
Resolution No. 2004-80
subway or viaduct that the City may initiate either through itself, or any redevelopment
agency, community facility district, assessment district, area of benefit, reimbursement
agreement or generally applicable impact fee program. (3568-9/02)
6. Wireless communication facilities may be installed on existing utility poles, conduits and
other facilities of a public utility, with the approval of the City Engineer,provided a
franchise agreement exists allowing wireless installation. (3568-9/02)
7. Prior to the approval of any required building permits or entitlements (Conditional Use
Permits, Variances, etc.)the applicant shall have a franchise agreement approved by the
City Council. (3668-9/02)
H. Facilities on Public Property. Any wireless communication facility to be placed over, on or
beneath public property shall comply with the following standards: (3568-9/02)
1. Wireless communication facilities shall be installed in accordance with all applicable City
codes and ordinances, including, but not limited to, standards for paving in the event that
any undergrounding of utilities is required. (3568-9/02)
2. Any wireless communication facilities to be constructed on or beneath public property
must have a lease agreement with the city. (3ssa-9/02)
I. Additional Requirements.
1. Landscaping_ Landscape planting, irrigation and handscape 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 facility. Submittal of
complete landscape and architectural plans for review and approval by the Directors of
Public Works and Planning may be required. Public Works inspectors may require
additional improvements during installation based on facility impacts. (3568-9/02)
2. Utility Agreement: 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 who will be supplying the power or other
services, that they accept all responsibility for those lines in the public right-of-way.
(3568-9102)
J. Facility Removal.
1. Cessation of Operation: Within thirty(30) days of cessation of operations of any wireless
communication facility approved under this section, the operator shall notify the Planning
Department in writing. The facility shall be deemed abandoned pursuant to the following
sections unless: (3568-9/02)
a. The City has determined that the operator has resumed operation of the wireless
communication facility within six (6) months of the notice; or (3568-9/02)
b. The City has received written notification of a transfer of wireless communication
operators. (3568-9/02)
2. Abandonment: A facility that is inoperative or unused for a period of six(6) continuous
months shall be deemed abandoned. Written notice of the City's determination of
abandonment shall be provided to the operator of the facility and the owner(s) of the
premises upon which the facility is located. Such notice may be delivered in person, or
mailed to the address(es) stated on the facility permit application, and shall be deemed
abandoned at the time delivered or placed in the mail. (3568-9/02)
1cgisdrft/CHP 230 lep amend 47
Resolution No. 2004-80
3. Removal of Abandoned Facility: The operator of the facility and the owner(s) of the
property on which it is located, shall within thirty(30) days after notice of abandonment
is given either(1)remove the facility and restore the premises, or(2)provide the
Planning Department with written objection to the City's determination of abandonment.
Any such objection shall include evidence that the facility was in use during the relevant
six- (b) 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. (3568-9/02)
4. Removal by City: At any time after thirty-one (31) days following the notice of
abandonment, or immediately following a notice of determination by the Director, if
applicable, the City may remove the abandoned facility and/or repair any and all damage
to the premises as necessary to be in compliance with applicable codes. The City may,
but shall not be required to, store the removed facility(or any part thereof). The owner of
the premises upon which the abandoned facility was located, and all prior operators of the
facility, shall be jointly liable for the entire cost of such removal, repair, restoration
and/or storage, and shall remit payment to the City promptly after demand thereof is
made. The City may, in lieu of storing the removed facility, convert it to the City's use,
sell it, or dispose of it in any manner deemed appropriate by the City. (3568-9l0e)
Huntington Beach Zoning and Subdivision Ordinance
Chapter 230 230-51 9102
legisdrft/CHP 230 lcp amend 48
Resolution No.2004-80
LEGISLATIVE DRAFT
Ch�ptelr�;��1 �[3ff;Str����,P�rh>Eri_g anal Loyd+fig Pro�x�i,o>ti<s,zr; � ` � !`
0334-6/97,3378-2/98,3494-5/01,3526-2/02)
Sections:
231.02 Basic Requirements for Off-Street Parking and Loading
231.04 Off--Street Parking and Loading Spaces Required
231.06 Joint Use Parking
231.08 Reduced Parldng for Certain Uses
231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area
231.12 Parking Spaces for the Handicapped
231.14 Parking Space Dimensions
231.16 Application of Dimensional Requirements
231.18 Design Standards
231.20 Compact Parking
231.22 Driveways;Visibility
231.24 Landscape Improvements
231.26 Parking Area Plan Required
231.28 Oceanside or On-Street Parking within the Coastal Zone
231.02 Basic Requirements for Off-Street Parking and Loading
A. When Required. At the time of initial occupancy of a site, construction of a structure,
or major alteration or enlargement of a site or structure,off-street parking facilities and
off-street loading facilities shall be provided in accord with this chapter and parking
area landscaping shall be provided in accord with Chapter 232. For the purposes of
these requirements, "major alteration or enlargement" shall mean a change of use, an
expansion of greater than 50 percent of the existing space in a non-residential building
or an addition of bedrooms or units in a residential building. A change in occupancy
that does not involve a change in the use classification is not considered a change m use
for purposes of this requirement unless the change in occupancy involves an
intensification of use or an.increase m parking demand. (3334-6/97)
B. Nonconforming Parking_or Loadin;. No existing use of land or structure shall be
deemed to be nonconforming solely because of the lack of off--street parking or loading
facilities required by this chapter,provided that facilities being used for off-street
parking and loading as of the date of adoption of this chapter shall not be reduced in
number to less than that required by this chapter. Expansion of a use with
nonconforming parking shall be subject to the following requirements: (3334-6/97)
1. A multi-family residential use with nonconforming parking may be expanded by
adding bedrooms or additional units provided that the.expansion complies with
current standards contained in this chapter; (3334-&97)
Huntington Beach zoning and Subdivision Ordinance
Chapter 231 231-1 2102
legisdraft/zoning/231 lep amend 1
Resolution No. 2004-80
2. A single-family residence with nonconforming parking may be expanded by
adding bedrooms provided the dwelling complies with current standards
contained in this chapter; and (3334-6/97)
3. A nonresidential use with nonconforming parking may be expanded less than 50
percent of the existing square footage or intensified if additional parking is
provided for the expansion or intensification. Expansions of 50 percent or more
of the existing square footage require the site to be in total compliance with the
current parking standards contained in this chapter. (3334-6197)
C. Spaces Required for Alteration or Enlargement. The number of parking spaces or
loading spaces required for an alteration or enlargement of an existing use or structure,
or for a change of occupancy, shall be in addition to the number of spaces existing prior
to the alteration, enlargement, or change of occupancy unless the preexisting number is
greater than the number prescribed in this chapter. In this case, the number of spaces in
excess of the prescribed minimum shall be counted in determining the required number
of parking or loading spaces. (3334-W97)
D. Spaces Required for Multiple Uses. If more than one use is located on a site, the
number of off-street parking spaces and loading spaces to be provided shall be equal to
the sum of the requirements prescribed for each use. This requirement applies not only
to multiple uses under separate ownership but also to multiple uses in the same
ownership. If the gross floor area of individual uses on the same site is less than that
for which a loading space would be required by Section 231.06A,but the aggregate
gross floor area of all uses is greater than the minimum for which loading spaces would
be required, the aggregate gross floor area shall be used in determining the required
number of loading spaces. (3334-6197)
E. Location and Ownership. Parking facilities required by this chapter shall be on the
same site as the use served, except that an adjacent lot may be used which is in the same
person's possession as the structure or use. Such possession may be by deed or long-
term lease, approved as to form by the City Attorney, and recorded in the Office of the
County Recorder. A copy of the recorded document stipulating the reservation of the
property for parking purposes shall be filed with the City prior to issuance of a building
permit and/or certificate of occupancy, whichever occurs first. No use shall be
continued if the parking is removed from the adjacent lot unless substitute parking is
provided. Parking facilities provided by a parking district or parking authority are not
subject to these locational requirements. (3334-6/97)
1. Parking in Yards in R Districts. The parking of motor vehicles, trailers, campers
and boats shall be prohibited on all landscaped areas within the front one-half of
the lot except as provided below. (3334-6/97)
(a) Oversized vehicles (see Definitions Chapter 203), campers, trailers and
boats on trailers may be parked on the paved driveway area or on a paved
area between the driveway and the nearest side property line provided that
they do not project over any property line and that the area is kept free of
trash, debris and parts. (3334-6197)
(b) Commercial oversized vehicles (see Definitions Chapter 203) or special
purpose machines shall be prohibited in any yard area. (3334-6197)
Huntington Beach Zoning and Subdivision Ordinance
Chapter 231 231-2 6/97
legisdraft/zoning/231 1cp amend 2
Resolution No. 2004-80
2. Parking in Yards in C or I Districts. Required yards may be used for required
parking, subject to the landscaping standards of Chapter 232. (3334-6/97)
3. Access. When a lot abuts an arterial highway and a local street, access to on-site
parking shall be from the local street. When a lot abuts an alley, then access to
parking shall be provided from the alley unless the Planning Commission
approves a different access. When a lot abuts two arterial highways or two local
streets, access shall be subject to the approval of the Director of Public Works.
(3334-6197)
4. Non-residential Parking in R..Districts. Non-residential parking serving adjacent
commercial or industrial uses shall not be located in any R zoned property. (3334-6r97)
F. Computation of Spaces Required. If, in the application of the requirements of this
chapter,a fractional number is obtained, one additional parking space or loading space
shall be required. (3334.6/97)
G. Other Requirements.
1. Any off-street parking or loading facility which is permitted but not required shall
comply with all provisions of this chapter governing location, design,
improvement and operation. (3334-6197)
2. Any motor vehicle incapable of movement by its own power and/or not licensed
to operate on California streets shall be stored either in an enclosed building or
entirely screened from view. (3334-6197)
231.04 Off-Street Parking and Loading Spaces Required
A. Non-residential uses shall provide one loading space (minimum fourteen [14] feet in
width,twenty [20] feet in length, and fourteen [14] feet in height) for each 20,000
square feet, or fraction thereof, of gross floor area; however, a maximum of three (3)
such spaces are required for buildings exceeding 60,000 square feet. No loading space
is required for non-residential uses with less than 20,000 square feet of gross floor area.
(3334-6/97)
B. Off-street parking spaces shall be provided in accord with the following schedule.
References to spaces per square foot are to be computed on the basis of gross floor area,
unless otherwise specified. (3334-6197)
Where the use is undetermined, the approving body shall determine the probable use
and the number of parking and loading spaces required. In order to make this
determination, the Director may require the submission of survey data prepared by a
state-registered traffic engineer for the applicant or collected at the applicant's expense.
Parking spaces over and above the minimum number specified in this section may be
required by the body responsible for reviewing the use itself based on the intensity of
the use. (3334-6197)
Huntington Beach Zoning and Subdivision Ordinance
Chapter 231 231-3 6197
legisdrafl/zoning/231 lcp amend 3
Resolution No. 2004-80
C. The Director may allow a parking reduction for a change of use if the increase in the
required parking is not more than five (5) spaces. The change of use request must be on a
site with two or more uses, have minimum of 50 existing parking spaces and provide an
upgrade of existing landscaping. This same reduction may be considered for uses
complying with State Handicap Re&ulations as mandated by State Law and applicable to
=pment
requirements. This provision shall not apply to applications for
within the coastal zone that necessitate a coastal
development permit. (3626-2/02)
(rest of page not used)
Huntington Beach Zoning and Subdivision Ordinance
Chapter 231 231-4 2/02
legisdraftlzoning/231 lcp amend 4
Resolution No. 2004-80
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (3334-6197)
Use Classiflcation Spaces
Residential
Single-family Dwellings
New construction
0-4 bedrooms 2 enclosed and 2 open
5 or more bedrooms 3 enclosed per unit and 3 open per unit
Existing Dwellings
0-4 bedrooms 2 enclosed and 2 open'
5 or more bedrooms 2 enclosed per unit and 3 open per unit'
In the RMH-A district 2 enclosed spaces per unit with up to three
bedrooms, and I space for each additional
bedroom; 1 additional space per dwelling where
no on-street parking is allowed
Multi-family Dwellings
Studio/one bedroom 1 enclosed space per unit
2 bedrooms 2 spaces (1 enclosed)per unit
3 or more bedrooms 2.5 spaces (I enclosed)per unit
Guests 0.5 space per unit
'Open spaces may be behind any required spaces and/or on a street adjacent to the property.
On-street parking may not be reserved for residents and/or guests but must be available to the
general public on a first-come, first-serve basis.
(rest of page not used)
Huntington Beach Zoning and Subdivision Ordinance
Chapter 231 231-5 6197
legisdraft/znning/231 lep amend 5
Resolution No. 2004-80
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6/97)
Use Classifleation Off-Street Parking Spaces
Senior
Studio/one bedroom 1 covered space per unit
Two bedrooms 1.5 spaces per unit(1 covered)
Manufactured Homes 2 spaces per unit; one covered, and one may be
behind the first
Guest 1 per 3 manufactured homes
Rooming House 1 space per guest room plus
1 space per owner/manager plus
1 space per each 10 guest rooms
Residential Care, Limited 1 per 3 beds
Public and Semi-public
Clubs and Lodges 1 per 35 sq. ft. used for assembly purposes of 1
per 3 fixed seats (18 inches =one seat),
whichever is greater
Cultural Facilities 1 per 300 sq. ft. gross floor area
Day Care, General 1 per staff member plus one per classroom
Government Offices 1 per 250 sq. ft. gross floor area
Heliports As specified by use permit
Hospitals 1 per 1.5 beds
Maintenance and Service Facilities 1 per 500 sq. ft.
Park and Recreation Facilities As specified by conditional use permit for private
facilities
Public Safety Facilities As specified by the conditional use permit
Religious Assembly 1 per 35 sq. ft. of public assembly area, or 1 per 3
fixed seats (18 inches = 1 seat), whichever is
greater
Residential Care, General 1 per 3 beds; plus additional spaces, as specified
by conditional use permit
Schools, Public or Private
Preschools, nursery day care 1 per staff member,plus one per classroom
Elementary,junior high 1.5 per classroom
High school/college 7 per classroom
Huntington Beach Zoning and Subdivision Ordinance
Chapter 231 231-6 6/97
kgisdraftlzoning/231 1cp amend 6
Resolution No. 2004-80
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6/97)
Use Classification Off-Street Parking Spaces
Schools, Public or Private-cont.
Trade schools, music 1 per 35 sq. ft. of instruction area
conservatories
Utilities, Major As specified by.conditional use permit
Commercial
Ambulance Services 1 per 500 sq. ft.;plus 2 storage spaces
Animal Sales and Services
Animal boarding 1 per 200 sq, ft.
Animal grooming 1 per 200 sq. ft.
Animal hospitals 1 per 200 sq. ft.
Animal, retail sales 1 per 200 sq. ft.
Artists' Studios 1 per 1,000 sq. ft.
Banks and Savings & Loans 1 per 200 sq. ft.
Drive-Up Service Queue space for 5 cars per teller
Building Materials and Services 1 per 1,000 sq. ft. of lot area; minimum 10 plus
1/300 sq. ft. office area
Catering Services i per 400 sq. ft.
Commercial Recreation and
Entertainment
Bowling Alleys 3 per lane,plus 1 per 250 sq. ft. of public
assembly and retail areas
Electronic Game Centers 1 per 200 sq. ft.
Health Clubs 1 per 200 sq. ft.
Stables 1 per 3 corrals plus 1 horse trailer space for each
10 corrals plus 2 for caretaker's unit
Tennis/Racquetball 3 per court
Theaters 1 per 3 fixed seats, or 1 per 35 sq. ft. seating area
if there are no fixed seats
Other Commercial As specified by the Zoning Administrator or
Recreation and Entertainment Planning Commission
Communications Facilities 1 per 500 sq. ft.
Eating and Drinking Establishments
with less than 12 seats 1 per 200 sq. ft.
with more than 12 seats 1 per 60 sq. f1. or 1 per 100 sq. ft. when on a site
with 3 or more uses
Huntington Beach Zoning and Subdivision Ordinance
Chapter 231 231-7 6/97
legisdmft/zoning/231 lcp amend 7
Resolution No. 2004-80
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6/97)
Use Classification Off-Street Parking Spaces
Eating and Drinking Establishments-
cont
with dancing Plus 1 per 50 sq. ft. of dancing area
with drive through service Plus queue space for 5 cars per service window
Food and Beverage Sales 1 per 200 sq. ft.
Furniture and Appliance Stores 1 per 500 sq. ft. excluding areas used for storage or
loading, but not less than 5
Funeral and Interment Services 1 per 35 sq. ft. of seating space
Hardware Stores 1 per 200 sq. ft. excluding areas used for storage or
loading, but not less than 5
Horticulture, Limited 1 per 2 acres
Laboratories 1 per 500 sq. ft.
Maintenance and Repair Services 1 per 500 sq. ft.
Marine Sales and Services 1 per 500 sq. ft.
Nurseries 1 per I NO sq. ft. of indoor/outdoor sales and/or
display lot area accessible for public viewing,but no
less than 10; plus 1 per 300 sq. ft. office area
Offices, Business and Professional 1 per 250 sq. ft. for less than 250,000 sq. ft.; 1 per
300 sq. ft. for 250,000 sq. ft. or more
Offices, Medical and Dental 1 per 175 sq. ft. (includes out-patient
medical/surgery centers)
Pawn Shops 1 per 200 sq. ft.
Personal Enrichment Services 1 per 35 sq. ft. of instruction area
Personal Services 1 per 200 sq. ft.
Research and Development Services 1 per 500 sq. ft.
Retail Sales Not Listed Under Another 1 per 200 sq. ft.
Use Classification
Sex Oriented Business (3378-2198)
Cabaret with less than 12 seats, 1 per 200 sq. ft.; with 12
seats or more, 1 per 60 sq. ft. or 1 per 100 sq. ft. if
on a site with three or more uses (3378-2198)
Huntington Beach Zoning and Subdivision Ordinance
Chapter 231 231-8 2198
legisdraft/wning/231 1cp amend 8
Resolution No. 2004-80
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334.6197)
Use Classification Off-Street Parking Spaces
Sex Oriented Business (cant.)
Encounter center 1 per 35 sq. ft. of instruction area (3378-2/98)
Escort bureau 1 per 250 sq. ft. (3378-2/98)
Hotel/Motel 1.1 per guest room; plus 1 per passenger transport
vehicle(minimum of 2 stalls)and 2 spaces for
any manager's unit and parking for other uses as
required by this schedule (3378-2/98)
Mini-motion picture theater, 1 per 3 fixed seats, or 1 per 35 sq. ft. seating area
motion picture theater or if there are no fixed seats (3378-2198)
motion picture arcade
Retail sales 1 per 200 sq. ft. (3378-
2/98)
Swap Meets, Indoor/Flea Markets 1/100 sq. ft. except as may be modified by the
Planning Commission through the conditional use
permit process, after submittal,review and
approval of a traffic engineering study
Vehicle/Equipment Sales and Services
Automobile Rentals 1 per 1,000 sq. ft. of indoor/outdoor sales and/or
display lot area accessible for public viewing,but
no less than 10;plus 1/300 sq. ft. office area;
1/200 sq. ft. auto service area
Automobile Washing(Car
Wash)
Full-service (attended) 10
With fuel sales 12
Self-service(unattended) 1.5 per wash stall
Service Stations
full-serve/repair garage 1 per 500 sq. ft. but no less than 5
self-serve 2
with convenience markets 1 per 200 sq. ft. of retail space but no less than 8
with self-serve car wash 4
with self-serve car wash 10
and convenience market
Vehicle/Equipment Repair 1 per 200 sq. ft.but no less than 5
Vehicle/Equipment Sales 1 per 1,000 sq. ft. of indoor/outdoor sales and/or
and Rentals display lot area accessible for public viewing, but
no less than 10;plus 1 per 300 sq. ft. office area;
1 per 200 sq. ft. auto service area
Vehicle Storage 1 per 5,000 sq. ft. lot area; no less than 5
Visitor Accommodations:
Bed and Breakfast 1 per guest room plus 1 guest and i
manager/owner space
Huntington Beach Zoning and Subdivision Ordinance
Chapter 231 231-9 2198
legisdraft/r..vning/23I lcp amend 9
Resolution No. 2004-80
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued) (3334-6197)
Use Classification Off Street Parking Spaces
Visitor Accommodations (cant.)
Hotels, Motels 1.1 per guest room; plus 1 per passenger transport
vehicle (minimum of 2 stalls) and 2 spaces for
any manager's unit and parking for other uses as
required by this schedule
Single Room Occupancy, 1.0 per unit, 10% shall be designated as visitor
Residential Hotels parking; 1 per passenger transport vehicle
(minimum of 1 stall) one loading space, and 2
spaces for any manager's unit, plus 0.5 per all
remaining personnel(3494-5/01)
Warehouse and Sales Outlets 1 per 200 sq. ft.
Industrial
Speculative buildings 1 per 500 sq. ft. (maximum 10%office area)
Manufacturing,research assembly, 1 per 500 sq. ft.
packaging
Wholesaling, warehousing and 1 per 1,000 sq. ft.
distributing space
Offices 1 per 250 sq. ft. if office area exceeds 10 percent
of gross floor area
Outside uses: Storage, wrecking/ 1 per 5,000 square feet of lot area, but no less
salvage and lumber yards than 5
Mini-storage facilities
Single-story 1 per 5,000 square feet
Each additional story 1 per 2,000 square feet plus 2 spaces for any
caretaker's unit
231.06 Joint Use Parking
In the event that two (2) or more uses occupy the same building, lot or parcel of land, the
total requirement for off-street parking shall be the sum of each individual use computed
separately except as provided in this section. (3334-6197)
The Planning Commission or Zoning Administrator may grant a reduction in the total number
of required spaces as part of the entitlement for the use or uses, or by conditional use permit
when no other entitlement is required, when the applicant can demonstrate that the various
uses have divergent needs in terms of daytime versus nighttime hours or weekday versus
weekend hours. Such joint use approvals shall be subject to the following: (3334-6/97)
Huntington Beach Zoning and Subdivision Ordinance
Chapter 231 231-10 5/01
legisdraft/zoning/231 lop amend 10
Resolution No. 2004-80
1. The maximum distance between the building or use and the nearest point of the
parking spaces or parking facility shall be 250 feet; and (3334-6/97)
2. There shall be no conflict in the operating hours based on parking space
requirements for the different uses on the parcel; and (3334-6197)
3. Evidence of an agreement for such joint use shall be provided by proper Iegal
instrument, approved as to form by the City Attorney. The instrument shall be
recorded in the Office of the County Recorder and shall be filed with the City
prior to issuance of building permit and/or certificate of occupancy, whichever
occurs first. (3334-6197)
. 231.08 Reduced Parking for Certain Uses
A. The Planning Commission may approve a conditional use permit to reduce the number
of parking spaces to less than the number required per Schedule "A"in Section 231.04,
provided that the following findings are made: (3334-6/97,3526-2/02)
1. The parking demand will be less than the requirement in Schedule A; and (3334-
6197,3526-2/02)
2. The proposed use of the building or structure, will not generate additional parking
demand; and (3334-6/97,3526-2/02)
3. A Transportation Demand Management plan which exceeds the minimum
required by Section 230.36 has been approved by the Director. (3334-6197)
B. The Planning Commission may consider survey data prepared by a state-registered
traffic engineer and submitted by an applicant or collected at the applicant's request and
expense as a basis for approval of a reduction in required parking. (3334-6/97,3526-2/02)
231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area
Parking requirements for private property uses within the Downtown Specific Plan Area may
be met by payment of an "in-lieu" fee for providing parking in a parking facility subject to
conditional use permit approval by the Planning Commission. Said fee may be paid in
multiple installments. The first installment in an amount established by City Council
Resolution for each parking space shall be paid prior to the issuance of building permits or of
a certificate of occupancy, whichever comes first. Any successive installments shall be paid
and secured by a mechanism established in the conditions of approval. (3334-6197)
231.12 Parking Spaces for the Handicapped
New and existing parking facilities shall comply with the State Handicapped Regulations as
mandated in State law. (3334-6197)
(rest of page not used)
Huntington Beach Zoning and Subdivision Ordinance
Chapter 231 231-11 2/02
legisdraft/zoning/231 1cp amend 1 1
Resolution No. 2004-80
231.14 Parking Space Dimensions (3334.6/97)
Required parking spaces shall have the following minimum dimensions in feet. Striping
requirements are depicted in Diagram A. Directional signs and/or pavement markings shall
be provided in any facility in which one-way traffic is established. (3334-6/97)
Angle of Stall Stall Aisle Width'
Parking Width Depth 1-way 2-way
00 9 19 (with 8 ft. Striped 12 20
(Parallel) maneuvering area between
every 2 spaces)
300 9 19 14 20
45" 9 19 15 20
60" 9 19 20 20
900 9 19 26 26
Residential 9 19 25 25
Compact 8 17 subject to Section 231.20
'Minimum 24 feet when determined by Fire Department to be a fire lane.
(rest of page not used)
Huntington Beach Zoning and Subdivision Ordinance
Chapter 231 231-12 6/97
legisdraft/zoning/231 lep amend 12
Resolution No. 2004-80
300 ,45° & 60° Parking
g �
�°00
�ipr
1p
/
90° Parking 24 In. Exterior
Dimension
i
-_ J
I
19 Ft. j 18 In. Interior
Dimension
i
k
Parallel Parking
9 ft.
aft. _ 19 ft19 ft8 ftft. _ 19 ft. ft- 8 ft-
0;M IYe D RnW lL31+9 r R R 0M
STRIPING REQUIREMENTS
DIAGRAM A
Huntington Beach Zoning and Subdivision Ordinance
Chapter 231 231-13 6197
legisdraft/zoning/231 lap amend 13
Resolution No. 2004-80
231.16 Application of Dimensional Requirements
A. Relation to Walls and Posts/Columns. A parking space on a site with more than five
(5)parking spaces and which is adjacent to a wall over twelve (12) inches in height
shall be increased in width by three (3) feet. Post/colulnns may be permitted along the
side of each space only within three (3) feet of the head and foot of each stall. (3334-6/97)
B. Vertical Clearance. Vertical clearance for parking spaces shall be 7 feet, except that an
entrance may be 6.67 feet. When handicapped parking is provided, vertical clearance shall
comply with California Code of Regulations (Title 24,Part 2, Chapter 2-71). (3334-6/97)
For residential uses, non-structural improvements including wall-mounted shelves,
storage surface racks, or cabinets may encroach into the vertical clearance,provided a
minimum 4.5 feet vertical clearance is maintained above the finished floor of the garage
within the front 5 feet of a parking space. (3334-6/97)
C. Wheel Stops. All spaces shall have wheel stops 2.5 feet from a fence, wall,building or
walkway. (3334-6197)
D. Parkin _S12ace Dimension Reduction. When a parking space abuts a landscape.planter,
the front 2 feet of the required 19 foot length for a parking space may overhang the
planter as provided in Chapter 232. (3334-6/97)
231.18 Design Standards
A. Public Works Requirements. Drive entrances on arterial highways shall be located in a
manner to coordinate with future median openings and in accord with Department of
Public Works standards. The paved surface of driveways and drive entrances shall
comply with Department of Public Works specifications. Parking facilities shall be
prepared, graded, and paved to ensure that all surface waters will drain into a public
street, alley, storm drain, or other drainage system approved by the Department of
Public Works. Aisle ways without adjacent parking shall be a minimum 24 feet in
width. (3334-6197)
B. Circulation Design. All off-street parking spaces shall have access to a public street or
alley, and shall have internal circulation, safe entrances and exits, drives, and aisles in
conformance with City standards. Every required parking space shall have
unobstructed access from an aisle without moving another vehicle. All parking spaces,
except residential garages and carports for single-family dwellings and duplexes, shall
have forward travel to and from parking facilities when access is to a dedicated street.
Traffic circulation shall be designed so that no vehicle need enter a public street in
order to progress from one aisle to any other aisle within the same development. (3334-
6/97)
Commercial centers which have 200 parking spaces or more shall have at least one
main entrance designed as depicted in Diagram B. (3334-6/97)
(rest of page not used)
Huntington Beach Zoning and Subdivision Ordinance
Chapter 231 231-14 6197
EegisdrafUzonino31 !cp amend 14
Resolution No. 2004-80
I I
! I low
! !
Oft' t t
24ft 24ft.
4ft.
COMMERCIAL CENTER MAIN ENTRANCE
FOR PARKING LOTS WITH OVER 200 SPACES
DIAGRAM B
A minimum 3-foot-by-3-foot-wide maneuvering area shall be provided at the end of
dead-end parking aisles less than 150 feet in length. A vehicle turnaround space shall
be provided at the end of all dead-end parking aisles which exceed 150 feet in length
(measured from the closest intersecting aisle with complete circulation). The
maneuvering area and turnaround space shall be designed as depicted in Diagram C.
Other turnaround arrangements providing the same maneuverability are subject to
approval by the Director.
1 2 it.
Wheel f Maneuvering 19_ft; I►
stop area I
9 R.
26 ft. } l
!
3ft 3R�
12"Step off area ---�^� GD,VBDRARti23J-RND.BMP
TURN-AROUND SPACE AND MANEUVERING AREA
DIAGRAM C
Huntington Beach Zoning and Subdivision Ordinance
Chapter 231 231-15 6/97
legisdraft/zoning/231 lap amend 15
Resolution No. 2004-80
C. Illumination. All parking area lighting shall be energy-efficient and designed so as not
to produce glare on adjacent residential properties. Security lighting shall be provided
in areas accessible to the public during nighttime hours, and such lighting shall be on a
time-clock or photo-sensor system. (3334-6/97)
D. Residential parkin. (3334-6/97)
1. Garages and Carports. All required garages and carports,permitted as accessory
structures, shall be constructed at the same time as the main building and shall be
used only by persons residing on the premises for storage of personal vehicles and
other personal property. (3334-6/97)
2. Assignment of Spaces. Each studio and one bedroom dwelling unit shall have a
minimum of one assigned parking space and each two or more bedroom units
shall have a minimum of two assigned parking spaces. Each dwelling unit shall
have an enclosed, assigned space which shall be within 200 feet walking distance
of that unit and designated as such. The assigned spaces shall be provided with
the rental of a dwelling unit without any additional cost. All unassigned spaces
provided on site shall be open and only used for the parking of vehicles by
persons residing on the property or their guests. (3334-6/97)
3. Turning Radius. The minimum turning radius for any garage, carport or open
parking space, entered directly from an alley or driveway, shall be 25 feet. (See
Diagram D) (3334-6/97)
STREET
GA AGE
-___ _ -- -_- —_- --AtL-EY-
DRIV WAY
STREET
STREET GADMODRAM31-TURN.SM?
TURNING RADIUS
DIAGRAM D
Huntington Beach Zoning and Subdivision Ordinance
Chapter 231 231-16 6/97
iegisdraR/zoning/231 1cp amend 16
Resolution No. 2004-80
4. Driveway Width. (3334-6/97)
Length of Drive Minimum Driveway Width
150 feet or less 10 ft. for single family dwellings
20 ft. for multi-family dwellings
Greater than 150 feet 20 feet clear width
Exception: when designated as fire lane, all Fire
Department requirements shall apply.
5. Guest Parking. All guest parking shall be fully accessible. (3334-6197)
6. Coastal Zone. Each dwelling unit located in the Coastal Zone shall have a
minimum of 2 on-site parking spaces. If the total coastal parking requirements
exceed the total minimum parking as required by this chapter, the additional
required parking spaces may be in tandem with enclosed spaces,provided the
tandem space is assigned to an enclosed space and complies with the required
turning radius. (3334-6/97)
7. Planned Residential Developments. In a planned residential development where a
garage is constructed a minimum of 20 feet from the curb, the driveway in front of
the garage may be used to provide one of the required uncovered spaces.('3334-6197)
8. Privacy gates may be installed without a conditional use permit provided there is
compliance with the following criteria prior to the issuance of building permits:
(3526-2102)
1) Fire Department approval for location and emergency entry. (3526-2/02)
2) Postmaster approval of location for mail boxes or entry for postal carrier.
(3526-2102)
3) Shall provide a driveway within a minimum of twenty(20) feet for vehicle
stacking. (3526-2/02)
4) No adverse impacts to public coastal access, including
changes in the intensittyy of use of water, or of access thereto,
shall result from installation of the privacy gates.
9. Driveway Air Space. The air space above all driveways which exceed 150 feet in
length shall remain open to the sky,except that eaves or roof overhangs with a
maximum 4-foot projection may be permitted above a height of 14 feet. (3334-6i97,
3526-2/02)
10. Storage Space. 100 cubic feet of enclosed storage space for each unit shall be
provided in a secured parking area where there is no private garage. (3334-6/97,3526-
2/02)
11. Accessory_Dwellin . One additional off-street parking space shall be required for
an accessory dwelling, except that in the coastal zone there shall be a minimum of
four(4)parking spaces on-site.(3334-6/97,3526-2/02)
E. Non-residential_Parking and Loading. (3334-6197)
1. Designated Parking. Parking spaces within an integrated, non-residential complex
shall not be designated for exclusive use of any individual tenant except as
authorized by a parking management plan approved by the Director. (3334-6/97)
legisdraR/zoning/231 lep amend 17
Resolution No. 2004-80
Huntington Beach Zoning and Subdivision Ordinance
Chapter 231 231-17 2/02
2. Parking Controls. Parking controls, such as valet service, or booths, and/or
collection of fees may be permitted when authorized by conditional use permit
approval by the Planning Commission. Privacy gates may be installed without a
conditional use permit provided there is compliance with the following criteria
prior to the issuance of building permits: (3334-6197.3526-2102)
14)Fire Department approval for location and emergency entry. (3526-2ra2)
2-5)Postmaster approval of location for mail boxes or entry for postal carrier.
(3526-2102)
36)Shall provide a driveway with a minimum of twenty(20) feet for vehicle
stacking. (3526-2102)
4) No adverse impacts to public coastal access, including changes
in the intensity of use of water, or of access thereto, shall result
from installation of the privacy gates.
3. Minimum Driveway Width. 25 feet when providing access to the rear of a
structure. (3334-&97)
4. Reciprocal Access. Reciprocal ingress/egress access with adjacent properties
shall be provided for all commercial properties. (3334-6/97)
5. Loading Location. On a site adjoining an alley, a required loading space shall be
accessible from the alley unless alternative access is approved by the Director. An
occupied loading space shall not prevent access to a required parking space.
Truck or rail loading, dock facilities, and doors for such facilities shall not face or
be located within 45 feet of property zoned or general planned residential. (3334
6197)
6. Loading Desi n. Any loading facility shall be designed and located so that
vehicles need not extend onto the public sidewalks, streets or alleys during
loading activities. (3334-6197)
7. Landscape Buffer. Where the side or rear yard of a parcel is used for loading
activities and abuts an R District, a landscaped buffer along the property line shall
be provided. (3334-6197)
F. Seasonal and TeWorary Parking Lots. Seasonal and temporary parking lots maybe
allowed upon approval of a conditional use permit by the Zoning Administrator.
Seasonal lots may operate only from Memorial Day through the third weekend in
September and shall be located within 1,000 yards of the mean high tide line of the
Pacific Ocean. Temporary and seasonal commercial parking lots may be permitted for
a maximum of five years. The design and layout of seasonal and temporary parking lots
shall comply with this chapter, Fire Department requirements, and the following
standards: (3334-6r97)
1. Paving shall be 2 inches of asphalt over compacted native soil, or as approved by
the Department; except seasonal parking lots shall be surfaced to meet minimum
specifications for support of vehicles and to provide dust control as required by
the Zoning Administrator. (3334-6/97)
Huntington Beach Zoning and Subdivision Ordinance
Chapter 231 231-18 2/02
legisdrafUzoning1231 lap amend 19
Resolution No. 2004-80
2. Boundaries of such lots shall be marked off and secured by chain or cable, with
posts a minimum of 3 feet in height, solidly built. At a minimum,posts shall
consist of 4" x 4" wood or equivalent metal posts a minimum of 1-1/2 inches in
diameter securely set in the ground and placed 8 feet on center. The posts shall be
connected with at least 1 strand of 1/2-inch cable or chain securely fastened to
each post. An opening shall be provided to accommodate vehicle access during
business hours. Seasonal lots shall be secured to prevent overnight parking
between the closing hour on one business day and the opening hour the following
business day. (3334-6197)
3. Temporary parking lots shall have landscaped planters with an inside dimension
of 3 feet along street-side property lines excluding driveways. Landscaping shall
be protected from vehicle and pedestrian damage by wheel bumpers (asphalt,
concrete, or wood), or asphalt or concrete curbs, or any other design that will
provide adequate protection. (3334-6197)
4. Seasonal parking lots are exempt from landscaping requirements of Chapter 232.
(3334-6/97)
5. Directional and informational signs shall be displayed on-site to identify the
entrance(s), fees, and hours of operation. Such signs shall be located at the
entrance of the parking lot and shall not exceed 12 square feet and shall be 6 feet
high. Signs for seasonal parking lots shall be removed from the site each season
no later than the third weekend in September. (3334-6197)
6. Automatic entry devices or fee collection points shall be set back a minimum of
20 feet from the public right-of-way, or at a distance recommended by the
Department of Public Works and approved by the Director. (3334-6197)
7. An attendant shall be on duty at all times during business hours of seasonal
parking lots. (3334-6197)
8. An approved fire extinguisher shall be provided on the premises during business
hours. (3334-&97)
9. The site shall be maintained in a clean condition, free from trash and debris.
Trash containers shall be placed on the site to accommodate and store all trash
that accumulates on the lot. (3334-6197)
For seasonal parking lots, a certificate of insurance for combined single limit bodily
injury and/or property damage including products liability in the amount of$1,000,000
per occurrence shall be filed with the Department of Administrative Services. A hold .
harmless agreement holding the City harmless shall also be filed with the Department
of Administrative Services. (3334-6197)
Subsequent to approval of an application for any seasonal or temporary parking lot, the
applicant shall meet all standards and requirements and install all improvements. The
parking lot shall then be inspected and approved by the Director prior to issuance of a
Certificate to Operate. (3334-6197)
Huntington Beach Zoning and Subdivision Ordinance
Chapter 231 231-19 6197
legisdraftlzoningl231 lep amend 19
Resolution No. 2004-80
G. Parking Structures. Parking structures above or below grade shall be subject to
conditional use permit approval by the Planning Commission when no other entitlement
is required. In addition, parking structures proposed within the coastal zone shall be
subject to approval of a coastal development permit. All parking structures shall
comply with the following requirements:(3334-6/97)
l. Transition ramps which are also used as back-up space for parking stalls shall
have a maximum slope of 5 percent. The maximum slope for transition ramps
with no adjacent parking spaces shall be 10 percent. A ramp used for ingress and
egress to a public street shall have a transition section at least 16 feet long and a
maximum slope of 5 percent. (3334-6197)
2. Parking structures with over 300 spaces shall provide secondary circulation ramps
and additional ingress and egress if deemed necessary by a traffic study prepared
by a state-registered traffic engineer. (3334-6197)
3. Parking structures shall be provided with a minimum 10-foot-wide perimeter
landscape planter at ground level. Parked cars shall be screened on each level
through landscape planters or trellises and/or decorative screening wall or railings.
The Design Review Board shall approve the landscaping plan. (3334-6197)
4. All parking structures shall be architecturally compatible with existing or
proposed structures and shall be subject to review and approval by the Design
Review Board prior to hearing. The Design Review Board shall consider the
following factors in reviewing a proposal: bulk, scale, proportion, building
materials, colors, signage, architectural features, and landscaping. (3334-6197)
5. All parking structures proposed for conversion to a fee parking arrangement shall
be subject to conditional use permit approval by the Planning Commission.
Public parking structures within the coastal zone proposed for conversion to a fee
parking arrangement shall be subject to approval of a coastal development permit.
(3334-6197)
231.20 Compact Parking (3334-6197)
The Planning Commission, City Council, or Zoning Administrator, whichever is the review
body, may allow use of compact parking to satisfy a portion of the required parking upon
finding that compact parking will result in a more effective and efficient circulation pattern
and parking layout and enhance the general appearance of the development and its
surroundings. Compact spaces shall be distributed throughout the parking area and have the
same aisle width as full-size spaces. Compact spaces shall be marked "COMPACT" on the
foot of the stall. The number permitted shall be subject to the following standards: (3334-6197)
A. Non-residential developments with a minimum of 20 spaces shall be permitted to have
20 percent of the total spaces as compact parking. (3334-6197)
B. Residential developments with a minimum of 50 units may have 20 percent of the non-
guest parking spaces as compact provided that an equitable system of assignment and
distribution has been established. (3334-6197)
Huntington Beach Zoning and Subdivision Ordinance
Chapter 231 231-20 6197
legisdraRlzoning1231 icp amend 20
Resolution No. 2004-80
231.22 Driveways; Visibility
Visibility of a driveway crossing a street or alley property line or of intersecting driveways
shall be consistent with the requirements of Section 230.88. (3334-6/97)
231.24 Landscape Improvements
Landscape,planting and irrigation plans shall be prepared consistent with the requirements of
Chapter 232. (3334-6197)
231.26 Parking Area Plan Required
Prior to the construction, reconstruction, or restriping of an off-street parking area,a parking
area plan shall be submitted to the Director for the purpose of indicating compliance with the
provisions of this section. This plan shall include: (3334-6197)
A. Location and description of fencing and architectural screen walls. (3334-st97)
B. Location and placement of parking stalls, including bumpers, striping and circulation,
all dimensioned to permit comparison with approved parking standards. (3334-197)
C. Location and placement of lights provided to illuminate the parking area. (3334-6/97)
D. A drainage plan showing drainage to a public way in accordance with accepted
standards or practices. (3334-6/97)
E. A landscape,planting and irrigation plan prepared consistent with the requirements of
Chapter 232. (3334-6197)
Single-family dwellings on pre-existing lots are exempt from this requirement. (3334-6/97)
231.28 Oceanside or On-Street Parking within the Coastal Zone
If any existing oceanside or on-street parking within the coastal zone is removed, it shall be
replaced on a one for one basis in an area that would not result in the loss of any sandy beach
area and within walking distance of the existing site. Replacement parking shall be assured
prior to the issuance of the coastal development permit and shall be provided before any
existing parking is removed so that there will be no reduction in the number of parking
spaces available.(3334-6/97)
Huntington Beach Zoning and Subdivision Ordinance
Chapter 231 231-21 6197
3egisdraftlmning/231 icp amend 21
Resolution No. 2004-80
r
[C apter 2 4.. .D:ei A.1aAs and Re.::serva o»
(3468-8100,3562-7102)
Sections:
254.02 Dedication of Streets,Alleys, and Other Public
Rights-of-Way or Easements
254.04 Waiver of Direct Access Rights
254.06 Dedications
254.08 Parkland Dedication
254.10 School Site Dedication
254.12 Reservations
254.14 Local Transit Facilities
254.16 Bridges and Major Thoroughfares
254.18 Supplemental Improvement Capacity
254.20 Drainage Fees
254.22 Solar Access Easements
254.24 Other Public Facilities
254.02 Dedication of Streets, Alleys and
Other Public Rights-of-Way or Easements
As a condition of approval of a tentative map, the subdivider shall dedicate, or make an irrevocable
offer to dedicate, all parcels of land within the subdivision that are needed for required
improvements,including access rights and abutters' rights. In addition, the subdivider shall construct
or agree to construct all required improvements in accord with Chapter 255.
254.04 Waiver of Direct Access Rights
The City may require as a condition of approval of a tentative map that dedications or offers of
dedication of streets include a waiver of direct access rights to any such street from any property
within or abutting the subdivision. Upon acceptance of the dedication, such waiver shall be reflected
in an appropriate title document, which shall be recorded, and shall become effective in accordance
with its provisions.
254.06 Dedications
All dedications of property to the City for public purposes shall be made in fee title,except that, at
the City's discretion, the grant of an easement may be taken for the following purposes: open space
easements, scenic easements, street easements or public utility easements. All dedications in fee and
grants of easements shall be free of liens and encumbrances except for those which the City, in its
discretion, determines would not conflict with the intended ownership and use. The City may elect to
accept an irrevocable offer of dedication in lieu of dedication.
Chapter 254 254-1 7102
Iegisdrali104zoning/CHP 254 Icp l
Resolution No. 2004-80
254.08 Parkland Dedication
A. General, This Section is enacted pursuant to the authority granted by the Subdivision
Map Act and the general police power of the City including the power to zone and the
power to implement open space and recreational elements of the General Plan. This
Section is adopted to implement the provisions of the Quimby Act which authorizes the
City to require the dedication of land for park and recreational facilities or payment of
in-lieu fees incident to and as a condition of the approval of a tentative tract map or
tentative parcel map for a residential subdivision. The park and recreational facilities
for which dedication of land and/or payment of an in-lieu fee as required by this
Section are in accordance with the policies,principles and standards for park, open
space and recreational facilities contained in the General Plan. (3562-W02)
The general purposes and objectives of this Section are: (3562-7ro2)
1. To preserve, enhance and improve the quality of the physical environment of the
City of Huntington Beach; (3562-7102)
2. To provide a procedure for the acquisition, development and rehabilitation of local
park and recreational facilities; (3562-7/02)
3. To secure for the citizens of Huntington Beach the social and physical advantages
resulting from the provision of orderly park, recreation and open space facilities;
(3562-7102)
4. To establish conditions which will allow park and recreational facilities to be
provided and to exist in harmony with surrounding and neighborhood land uses;
(3562-7102)
5. To ensure that adequate park and recreational facilities will be provided; (3562-7102)
5. To provide regulations requiring five usable acres, or the proportionate share
thereof, having a grade not exceeding two percent, for each 1,000 persons residing
within the City to be supplied by persons proposing residential subdivisions.
(3562-7102)
B. Requirements. The requirements of this Section shall be complied with by the
dedication of land, payment of a fee in lieu thereof, or both,at the option of the City,
for park or recreational purposes at the time and according to the standards and formula
contained in this Section. The amount and location of land dedicated or the fees to be
paid, or both, shall be used for acquiring, developing new or rehabilitating existing
community and neighborhood parks and other types of recreational facilities in such a
manner that the locations of such parks and recreational facilities bear a reasonable
relationship to the use of the park and recreational facilities by the future inhabitants of
the subdivision generating such dedication or fees, or both. Dedications for trails shall
not be included as part of any requirements for park or recreational dedication.
(3562-7/02)
Lands to be dedicated or reserved for park and/or recreational purposes shall be suitable
in the opinion of the Director and the Director of Community Services in location,
topography, environmental characteristics and development potential as related to the
Chapter 254 254-2 7/02
Icgisdrsft/04zoning/CHP 2541cp 2
Resolution No. 2004-80
intended use. The primary intent of this Section shall be construed to provide the land
for passive and active recreation, including but not limited to: tot lots,play lots,
playgrounds, neighborhood parrs,playfields, community or regional parks, lakes,
picnic areas, tree groves or urban forests, and other specialized recreational facilities
that may serve residents of the City. Principal consideration shall be given therefore to
lands that offer: (3562-7/02)
1. A variety of recreational potential for all age groups;
2. Recreational opportunities provided and maintained in a manner that will permit
the maximum use and enjoyment by residents of the City of Huntington Beach;
(3562-7102)
3. Possibility for expansion or connection with school grounds;
4. Integration with hiking, riding and bicycle trails, natural stream reserves and
other open space;
5. Coordination with all other park systems;
6. Access to at least one existing or proposed public street.
C. General Standard. It is hereby found and determined that the public interest,
convenience, health, safety and welfare require that five acres of property for each
1,000 persons residing within the City be devoted to local park and recreational
purposes.
D. Standards and Formula for Dedication of Land. Where a park or recreational facility
has been designated in the General Plan and is to be located in whole or in part within
the proposed subdivision and is reasonably related to serving the present and future
needs of the residents of the subdivision, the subdivider shall dedicate land for park and
recreation facilities sufficient in size and topography to meet that purpose. The amount
of land to be provided shall be determined pursuant to the following standards and
formula:
A=5.0 (DF x No. DU)
1000
1. Definitions of terms:
a. A -the area in acres required to be dedicated as a park site or to be
appraised for in-lieu fee payment for the subdivision. (3562-7102)
b. DF -density factor as determined pursuant to Section 254.08 (E).
(3562-7102)
C. 5.0 -number of acres per one thousand persons.
d. No. DU- number of dwelling units proposed in the subdivision.
2. When a proposed subdivision contains dwelling units with different density factors,
the formula shall be used for each such density factor and the results shall be
totaled.
Chapter 254 254-3 7/02
tegisdraft/04zoningVCHP 254 icp 3
Resolution No. 2004-80
3. Dedication of parkland shall not be required for parcel maps or subdivisions
containing 50 parcels or less, except that when a condominium project, stock
cooperative or community apartment project exceeds 50 dwelling units, dedication
of land may be required notwithstanding that the number of parcels may be less than
50. (3562-7102)
E. Density.
The amount of land dedicated or fees paid shall be based upon residential density,
which is determined on the basis of the approved tentative map and the average number
of persons per household. The average number of persons per household by unit in a
structure shall be established by City Council resolution and be derived from the most
recent available federal census or state or City population and housing data. (3562-7/02)
The number of dwelling units in a subdivision shall be the number proposed for
construction. When the actual number of units to be constructed is unknown, it shall
be assumed for the purposes of this chapter that the maximum number permissible by
law will be constructed.
F. Standard improvements. The dedication of land for park and recreational purposes
shall not be deemed to waive any other requirements that may be imposed by the City.
The subdivider may, at the time of the approval of the tentative map,be obligated by
condition to said map to provide curbs, gutters, sidewalk, drainage facilities, street
lighting, stop lights, street signs, matching pavement and street trees to full City
standards, to stub-in requested standard improvements required for residential property
plus initial on-site grading required for developing the park facility. In lieu of making
said improvements and upon approval of the Planning Commission or City Council,
whichever acts Iast on the tentative map, the subdivider may pay a sum as estimated by
the Director of Public Works sufficient to cover the cost of said improvements. The
environmental condition of any land dedicated pursuant to this Section shall satisfy all
federal, state and local requirements applicable to parkland and recreational facilities.
(3562-7/02)
G. Formula for Fees in Lieu of Land Dedication. (3562-7/02)
1. General Formula. Whenever the requirements of this Section are met solely on the
basis of the payment of a fee in lieu of land dedication, the subdivider shall pay a
fee in lieu of dedication equal to the value of the land prescribed for dedication in
Section 254.08(D) and in an amount determined in accord with the provisions of
Section 254.08(I). (3562-7102)
2. Fees in Lieu of Land- 50 Parcels or Less. If the proposed subdivision contains 50
parcels or less and has no park or recreational facility, the subdivider shall pay a fee
equal to the land value of the portion of the park or recreational facilities required to
serve the needs of the residents of the proposed subdivision as prescribed in Section
254.08(D) and in an amount determined in accordance with the provisions of
Section 254.08(1). When a condominium project, stock cooperative or community
apartment project exceeds 50 dwelling units, dedication of land may be required
notwithstanding that the number of parcels may be less than 50. (3562-7/02)
Chapter 254 2544 7/02
legisdraft/04zoning/CHP 254 Icp 4
Resolution No. 2004-80
3. Use of Fees. The fees paid to the City pursuant to this Section and the interest
accrued from such fees shall be used, in accordance with the schedule developed
pursuant to Section 254.08(M), for the purpose of acquiring, developing new or
rehabilitating existing neighborhood or community park or recreational facilities
reasonably related to serving the subdivision, including the purchase of necessary
land and/or improvement of such land for park or recreational purposes. All fees
collected pursuant to this Section shall be transferred for deposit into a separate
fund and used solely for the purposes specified in this Section. All monies
deposited into the fund shall be held separate and apart from other City funds. All
interest or other earnings on the unexpended balance in the fund shall be credited to
the fund. The money deposited in the fund account shall be committed to the partial
or full completion of necessary purchases or improvements within five years after
payment thereof or the issuance of building permits on one-half of the lots created
by the subdivision, whichever occurs later. If the money is not committed, it shall
be distributed and paid to the then record owners of the subdivision in the same
proportion that the size of each lot bears to the total area of all lots in the
subdivision. Any requests for refunds shall be submitted to the Director in
accordance with the procedures set forth in Section 254.08 (P). (3562-7102)
4. Standard Improvements. When the requirements of this Section are met solely on
the basis of the payment of a fee in lieu of land dedication, in addition to the in-lieu
fee, the subdivider shall also pay an amount equal to 20 percent of the in-lieu fee to
provide curbs, gutters, drainage facilities, street lighting, stop lights, sidewalks,
street signs,matching pavement and street trees to full City standards, stubbing in of
utility line services to the park facility, and all standard improvements required by
the City for residential subdivisions. (3562-7102)
H. Criteria for Requiring Both Dedication and Fee. If the proposed subdivision contains
more than 50 lots,the subdivider shall both dedicate land and pay a fee in lieu of
dedication in accordance with the following. (3562-7/02)
1. When only a portion of the land to be subdivided is proposed in the General Plan as
the site for a local park or recreational facility, such portion shall be dedicated for
local park purposes and a fee computed pursuant to the provisions of Section
254.08(l) shall be paid for any additional land that would have been required to be
dedicated pursuant to Section 254.08(D). (3562-7/02)
2. When a major part of the local park or recreational site has already been acquired
by the City and only a small portion of land is needed from the subdivision to
complete the site, such portion shall be dedicated, and a fee, computed according to
Section 254.08(l) shall be paid in an amount equal to the value of the land which
would otherwise have been required to be dedicated according to Section
254.08(D). (3562-7102)
3. The fee shall be used for the improvement of the existing park or recreational
facility or for the improvement of other neighborhood or community parks and
recreational facilities reasonably related to serving the subdivision.
Chapter 254 254-5 7/02
legisdraft/04zaning/CHP 254 icp 5
Resolution No. 2004-80
I. Amount of Fee in Lieu of Park Land Dedication. Where a fee is required to be paid in
lieu of park land dedication, such fee shall be equal to the fair market value for each
acre which would otherwise have been required to be dedicated by Section 254.08D.
Fair market value of the land shall be determined by a qualified real estate appraiser
that has been selected and retained by the City at the expense of the subdivider and is a
member of the American Institute of Real Estate Appraisers ("Qualified Real Estate
Appraiser"). The fair market value of the land shall be based on the average acre value
of the property to be subdivided at the time of the recording of the final subdivision
map, adjusted to reflect the value of such acre of property rough graded to a maximum
two percent slope. Such appraisal shall exclude improvement. The date of value of
the property for purposes of the appraisal shall be within 60 days of payment of the fee
as referenced in Section 254.08L. (3468-8/00,3562-7102)
If the subdivider objects to the fair market value as determined by the Qualified Real
Estate Appraiser, the subdivider may, at his own expense, retain another Qualified Real
Estate Appraiser to complete a second appraisal. If the City disputes the fair market
value as determined by the second appraisal, the matter will be submitted to binding
arbitration at the expense of the subdivider. (3562-7102)
Subdivisions Consistin of f Three or Fewer Parcels. If the proposed subdivision
contains three (3) or fewer parcels, the Director shall determine the fair market value of
the property to be subdivided based upon the fair market value of adjacent parcels in
consideration of site characteristics of the property. If the subdivider objects to the
determination of the Director, the subdivider may retain, at his or her own expense, a
Qualified Real Estate Appraiser to provide the fair market value of the property to be
subdivided. In the event the Director's determination of the land value exceeds the
Qualified Real Estate Appraiser's appraisal by more than $5,000.00, the average of both
determinations shall be established as the fair market value. (3562-7102)
J. Determination of Land or Fee. Whether the City accepts land dedication, or elects to
require the payment of a fee in lieu of, or a combination of both, shall be determined by
the Director after consideration of the following: (3562-7/02)
1. Policies, standards and principles for park and recreational facilities in the
General Plan; (3562-7102)
2. Topography, geology, access and location of land in the subdivision available for
dedication;
3. Size and shape of the subdivision and land available for dedication;
4. Feasibility of dedication;
5. Compatibility of dedication with the General Plan;
6. Availability of previously acquired park property.
The determination by the City as to whether land shall be dedicated, or whether a fee
shall be charged, or a combination of both, shall be final and conclusive.
Chapter 254 254-6 7/02
legisdraW04zoning/CHP 2541cp 6
Resolution No. 2004-80
K. Credit for Improvements and Private Open Space. If the subdivider provides park and
recreational improvements to the dedicated land other than those referenced in Section
254.09 (F),the value of the improvements together with any equipment located thereon
shall be a credit toward the payment of fees or dedication of land required by this
Section. (3562-7/02)
Common interest developments as defined in Sections 1351 of the California Civil
Code shall receive partial credit,not to exceed 50 percent, against the amount of land
required to be dedicated, or the amount of the fee imposed,pursuant to this Section, for
the value of private open space within the development, which is usable for active
recreational uses, if the City Council, on the recommendation of the Community
Services Commission, finds that it is in the public interest to do so, and that the
following standards are met. (3562-7102)
1. That yards, court areas, setbacks and other open areas required by Titles 20-24
(Zoning) shall not be included in the computation of the private open space;
2. That the private ownership and maintenance of the open space is adequately
provided for by recorded written agreement, conveyance, or restrictions;
3. That the use of the private open space is restricted to park and recreational
purposes by recorded covenant, which runs with the land in favor of the future
owners of property, and which cannot be defeated or eliminated without the
consent of the City or its successor;
4. That the proposed private open space is reasonably adaptable for use for park and
recreational purposes, taking into consideration such factors as size, shape,
topography, geology, access, and location; and
5. That facilities proposed for the open space are in substantial accord with the
provisions of the General Plan.
L. Procedure. (3562-7102)
1. At the time of the recording of the final map or parcel map, the subdivider shall
dedicate the land and/or pay the fees as determined by the City pursuant to this
Section. (3562-7/02)
2. Open space covenants for private park or recreational facilities shall be submitted
to the City prior to approval of the final map or parcel map and,if approved, shall
be recorded concurrently with the final map or parcel map.
M. Schedule of Use. At the time of the approval of the final map or parcel map, the City
shall make a preliminary determination of how, when, and where it will use the land or
fees, or both,to develop or rehabilitate park or recreational facilities to serve the
residents of the subdivision. Final scheduling of improvements to these new or
rehabilitated parks or recreational facilities shall be made as part of the City's capital
improvement program. (3562-7102)
Chapter 254 254-7 7102
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Resolution No. 2004-80
N. Not Applicable to Certain Subdivisions. The provisions of this Section do not apply to:
(1) commercial or industrial subdivisions; or (2)to condominium projects or stock
cooperatives that consist of the subdivision of airspace in an existing apartment
building which is more than five years old when no new dwelling units are added.
(3562-7/02)
O. Exemptions. The following development shall be exempt from the payment of fees
pursuant to this Section: (3562-7102)
l. Development of real property into housing units that are either rented, leased,
sold, conveyed or otherwise transferred, at a rental price or purchase price which
does not exceed the "affordable housing cost"as defined in Section 50052.5 of the
California Health and Safety Code when provided to a"lower income household"
as defined in Section 50079.5 of the California Health and Safety Code or"very
low income household"as defined in Section 50105 of the California Health and
Safety Code, and provided that the applicant executes an agreement, in the form
of a deed restriction, second trust deed, or other legally binding and enforceable
document acceptable to the City Attorney and binding on the owner and any
successor-in-interest to the real property being developed, guaranteeing that all of
the units developed on the real property shall be maintained for lower and very
low income households whether as units for rent or for sale or transfer, for the
lesser of a period of thirty years or the actual life or existence of the structure,
including any addition, renovation or remodeling thereto. (3562-7/02)
2. Subdivision of a 50-foot wide parcel into two lots provided that the parcel has
been held under common ownership for a minimum of five consecutive years.
(3562-7/02)
3. Exemptions pursuant to sections 1 or 2 above shall only be
granted when the following Endings can be made:
i. The project meets the minimum on-site private and common
open space requirements; or
I The exemption will not individually or cumulatively result
in adverse impacts to public recreational opportunities in
the coastal zone; and
iii. The exemption will not individually or cumulatively lead to
overcrowding or overuse of public facilities by the public in
any single area in the coastal zone.
P. Appeals. Any person may appeal a determination of the City regarding the
interpretation and implementation of this Section. Any such appeal shall be filed with
the Director consistent with the requirements of Section 248.24 of the Huntington
Beach City Zoning and Subdivision Ordinance. (3562-7102)
Q. Refunds. Requests for refunds of in-lieu fees paid pursuant to this Section may be
directed to the Director at any time. The Director may approve of a refund or a partial
refund of park fees paid or release of security instruments when the following has been
verified: (3562-7/02)
1. That the refund amount requested corresponds to the amount of fees actually
deposited in the fund account established pursuant to Section 254.08 (G) (3) for a
given number of dwelling units; and (3562-7102)
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Resolution No. 2004-80
2. That the local park requirement for the dwelling units in question had been met by
actual Council acceptance of park land, or by an irrevocable recorded offer to
dedicate a park land on a final tract map or parcel map; or (3582-7/02)
3. The subdivision or building permit approval for which fees were required has
been withdrawn or is otherwise no longer valid. (3562-7/02)
254.10 School Site Dedication
A. General. As a condition of approval of a tentative map, a subdivider who develops or
completes the development of one or more subdivisions within one or more school
districts maintaining an elementary school shall dedicate to the school district or
districts such lands as the City Council shall deem to be necessary for the purpose of
constructing thereon elementary schools necessary to assure the residents of the
subdivision adequate public school service.
B. Procedure. The requirement of dedication shall be imposed at the time of approval of
the tentative map. If within 30 days after the requirement of dedication is imposed by
the City Council the school district does not offer to enter into a binding commitment
with the subdivider to accept the dedication, the requirement shall be automatically
terminated. The required dedication may be made any time before, concurrently with,
or up to 60 days after the filing of the final map or parcel map on any portion of the
subdivision.
C. Pa eats to Subdivider for School Site Dedication. The school district shall, if it
accepts the dedication,repay to the subdivider or his or her successors the original cost
to the subdivider of the dedicated land,plus a sum equal to the total of the following
amounts:
1. The cost of any improvements to the dedicated land since acquisition by the
subdivider;
2. The taxes assessed against the dedicated land from the date of the school district's
offer to enter into the binding commitment to accept the dedication;
3. Any other costs incurred by the subdivider in maintenance of such dedicated
land, including interest costs incurred on any loan covering such land.
D. Exemptions. The provisions of subsections (A), (B), and (C) shall not apply to a
subdivider who has owned the land being subdivided for more than 10 years prior to
the filing of the tentative map.
254.12 Reservations
A. General. As a condition of approval of a tentative map,the subdivider shall reserve
sites, appropriate in area and location, for parks, recreational facilities, fire stations,
libraries or other public uses according to the standards and formula contained in this
section.
B. Standards for Reservation of Land. Where a park, recreational facility, fire station,
library, or other public use is shown on the General Plan or an adopted specific plan, the subdivider
may be required by the City to reserve sites as so determined by the City in accordance with the
policies and standards contained in the General Plan or the adopted specific plan. The reserved area
legisdraft/44zoning/CHP 254 lcp 9
must be of such size and shape as to permit the balance of the property within which the reservation
is located to develop in an orderly and efficient mariner. The amount of land to be reserved shall not
make development of the remaining land held by the subdivider economically infeasible. The
reserved area shall be consistent with the General Plan or the adopted specific plan and shall be in
such multiples of streets and lots as to permit an efficient division of the reserved area in the event
that it is not acquired within the prescribed period.
C. Procedure. The public agency for whose benefit an area has been reserved shall, at the
time of approval of the final map or parcel map, enter into a binding agreement to
acquire such reserved area within two years after the completion and acceptance of all
improvements unless the period of time is extended by mutual agreement.
D. Pavment to Subdivider. The purchase price for the reserved area shall be the market
value thereof at the time of the filing of the tentative map plus the taxes against the
reserved area from the date of the reservation and any other costs incurred by the
subdivider in the maintenance of the reserved area, including interest costs incurred on
any loan covering the reserved area.
E. Termination. If the public agency for whose benefit an area has been reserved does not
enter into a binding agreement in accordance with this section, the reservation of the
area shall automatically terminate.
254.14 Local Transit Facilities.
As a condition of approval of a tentative map, the subdivider shall dedicate, or make an irrevocable
offer of dedication, of land within the subdivision for local transit facilities such as shelters, benches,
bus turnouts, park-and-ride facilities and similar items which directly benefit the residents of the
subdivision, if: (a)the subdivision as shown on the tentative map has the potential for 200 dwelling
units or more if developed to the maximum density shown on the General Plan or contains 100 acres
or more; and(b) if the City finds that transit services are or will be, within a reasonable time period,
made available to the subdivision.
254.16 Bridges and Major Thoroughfares
The subdivider shall be required to pay a fee for the impacts of their proposed development on the
city transportation system in accordance with Chapter 17.65 of the Huntington Beach Municipal
Code.
254.18 Supplemental Improvement Capacity
A. As a condition of approval of a tentative map, the City may impose a requirement that
improvements installed by the subdivider for the benefit of the subdivision contain
supplemental size, capacity,number or length for the benefit of property not within the
subdivision and that those improvements be dedicated to the public. However, when
such supplemental size, capacity, number or length is solely for the benefit of property
not within the subdivision,the City shall, subject to the provisions of the Subdivision
Map Act, enter into an agreement with the subdivider to reimburse the subdivider for
that portion of the cost of such improvements equal to the difference between the
amount it would have cost the subdivider to install such improvements to serve the
subdivision only and the actual cost of such improvements.
legisdraftl04zoning/CHP 254 Icp 10
B. The City Council shall determine the method for payment of the costs required by a
reimbursement agreement which may include but is not limited to the establishment
and maintenance of local benefit districts for the levy and collection of such charge or
costs from the property benefited.
C. No charge, area of benefit or local benefit district shall be established unless and until a
public hearing is held thereon by the City Council and the City Council finds that the
charge, area of benefit or local benefit district is reasonably related to the cost of such
supplemental improvements and the actual ultimate beneficiaries thereof.
D. In addition to the notice required by Chapter 248, written notice of the hearing shall be
mailed to those who own property within the proposed area of benefit as shown on the
last equalized assessment roll, and the potential users of the supplemental
improvements insofar as they can be ascertained at the time (10 days prior to the date
established for the hearing).
254.20 Drainage Fees
The subdivider shall be required to pay a fee for the development of drainage facilities in accordance
with Chapter 14.48 of the Huntington Beach Municipal Code.
254.22 Solar Access Easements
As a condition of approval of a tentative map, the City may impose a requirement that the subdivider
dedicate easements for the purpose of assuring that each parcel or unit in the subdivision shall have
the right to receive sunlight across adjacent parcels or units in the subdivision for any solar energy
system. In establishing such easements, the City shall consider the feasibility, contour, configuration
of the parcel to be divided, and cost. Required easements shall not result in reducing allowable
densities or the percentage of a parcel which may be occupied by a building or a structure under
applicable planning and zoning provisions in force at the time such tentative map is filed.
At the time of tentative map approval,the Zoning Administrator or the Planning Commission, as
may be the case, shall specify: (1)the standards for determining the exact dimensions and locations
of such easements; (2) any restrictions on vegetation, buildings an other objects that would obstruct
the passage of sunlight through the easement; and (3) conditions, if any, under which an easement
may be revised or eliminated.
This section is not applicable to conversion projects.
254.24 Other Public Facilities
As a condition of approval of a tentative map, the subdivider shall be required to dedicate land, pay
fees, or both, for fire stations, library sites, child day care, public art or any other public facilities
pursuant to, and in order to implement, the provisions of the General Plan regarding such facilities.
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Res. No. 2004-80
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Cleric 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 resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the 20th day of
September, 2004 by the following vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman
NOES: None
ABSENT: Cook, (Vacant Position Unfilled)
ABSTAIN: None
CIV Clerk and ex-offici Jerk of the
City Council of the City of
Huntington Beach, California