HomeMy WebLinkAboutCity Council - 2007-21 RESOLUTION NO. 2007-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, STATE OF CALIFORNIA, ADOPTING LOCAL COASTAL
PROGRAM AMENDMENT NO. 07-01 AND REQUESTING ITS CERTIFICATION BY
THE CALIFORNIA COASTAL COMMISSION
WHEREAS, after notice duly given pursuant to Government Code Section 65090 and
Public Resources Code Sections 30503 and 30510, the Planning Commission of the City of
Huntington Beach held public hearings to consider the adoption of the entitlements included in
Huntington Beach Local Coastal Program Amendment No. 07-01, and such amendment was
recommended to the City Council for adoption; and
The City Council, after giving notice as prescribed by law, held at least one public
meeting on the entitlements included in the proposed Huntington Beach Local Coastal Program
Amendment No. 07-01, and the City Council finds that the proposed amendment is consistent
with the Huntington Beach General Plan, the Certified Huntington Beach Coastal Land Use Plan
and Chapter 6 of the California Coastal Act.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1. That the Huntington Beach Local Coastal Program Amendment No. 07-01
is hereby approved, consisting of certain Ordinances pertaining to Zoning Text Amendments
(ZTA), Zoning Map Amendments (ZMA) and General Plan Amendments (GPA) as listed below:
Exhibit Ordinance Subject Description
A. No. 3750 ZMA 04-01 Newland Street Residential
B. Resolution 2006-61 GPA 04-04 Newland Street Residential
C. No. 3626 ZMA 02-03 21341 Lochlea(RA-FP2 to RL-
FP2)
D. No. 3669 ZTA No. 03-02 Permit Streamlining Citywide
E. No. 3673 ZTA No. 03-02 Permit Streamlining Citywide
F. No. 3675 ZTA No. 03-02 Permit Streamlining Citywide
G. No. 3677 ZTA No. 03-02 Permit Streamlining Citywide
1
07-859/7921
Resolution No. 2007-21
Ordinance Subject Description
H. No. 3679 ZTA No. 03-02 Permit Streamlining Citywide
I. No. 3680 ZTA No. 03-02 Permit Streamlining Citywide
J. No. 3681 ZTA No. 03-02 Permit Streamlining Citywide
K. No. 3705 ZTA No. 03-02 Permit Streamlining Citywide
L. No. 3706 ZTA No. 03-02 Permit Streamlining Citywide
M. No. 3707 ZTA No. 03-02 Permit Streamlining Citywide
N. No. 3708 ZTA No. 03-02 Permit Streamlining Citywide
O. No. 3709 ZTA No. 03-02 Permit Streamlining Citywide
P. No. 3710 ZTA No. 03-02 Permit Streamlining Citywide
Q. No. 3711 ZTA No. 03-02 Permit Streamlining Citywide
R. No. 3712 ZTA No. 03-02 Permit Streamlining Citywide
S. No. 3713 ZTA No. 03-02 Permit Streamlining Downtown
Specific Plan
T. No. 3657 ZTA No. 04-01 Residential Condo Conversions
U. No. 3690 ZTA No. 04-03 Map Requirements
V. No. 3687 ZTA No. 04-04 Affordable Housing
W. No. 3689 ZTA No. 04-05 Mobile Home Park Conversions
X. No. 3724 ZTA No. 05-01 RLUIPA
Y. No. 3730 ZTA No. 05-02 Lattice Fence Extensions Citywide
Z. No. 3764 ZTA No. 06-02 Density Bonus
AA. No. 3761 ZTA No. 06-05 Large Family Day Care
BB. No. 3756 ZTA No. 06-06 Vehicle Storage
CC. No. 3757 ZTA No. 06-06 Vehicle Storage
DD. No. 3758 ZTA No. 06-06 Vehicle Storage
EE. No. 3763 ZTA No. 06-07 Bicycle Parking
Copies of the aforesaid ordinances and resolutions are attached hereto as Exhibits A through EE,
respectively, and are incorporated by this reference as though fully set forth herein.
2
07-859/7921
Resolution No. 2007-21
SECTION 2. That the California Coastal Commission is hereby requested to consider,
approve and certify Huntington Beach Local Coastal Program Amendment No. 07-01.
SECTION 3. That pursuant to Section 13551(b) of the Coastal Commission
Regulations, Huntington Beach Local Coastal Program Amendment No. 07-01 will take effect
automatically upon Coastal Commission approval, as provided in Public Resources Code
Sections 30512, 30513, and 30519.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held on the 19th day of March , 2007.
AZAv
May r
ATTEST: APPROVED AS TO FORM:
G
jity7lerk UCity Attorney Q
REVIEWED AND APPROVED: INITIATED AND APPROVED:
ity Adn inistrator f Pia ing irector
3
07-859/7921
ORDINANCE NO. 3750
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING DISTRICT MAP 14 (SECTIONAL DISTRICT MAP 13-6-11)
TO REZONE THE REAL PROPERTY GENERALLY LOCATED AT THE
NORTHWEST CORNER OF NEWLAND STREET AND HAMILTON AVENUE FROM
IL-O-FP2 (LIMITED INDUSTRIAL—OIL DISTRICT OVERLAY-FLOODPLAIN)
TO RM-FP2 (MEDIUM DENSITY RESIDENTIAL-FLOODPLAIN)
(ZONING MAP AMENDMENT NO.04-01)
WHEREAS,pursuant to the California State Planning and Zoning Law,the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate,duly
noticed public hearings to consider Zoning Map Amendment No. 04-01,which rezones the
property generally located at the northwest corner of Newland Street and the terminus of
Hamilton Avenue from IL-O-FP2(Limited Industrial-Oil District Overlay-Floodplain)to RM-
FP2 (Medium Density Residential-Floodplain); and
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented,the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan,
NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. That the real property that is the subject of this Ordinance(hereinafter
referred as the"Subject Property")is generally located at the northwest corner of Newland Street
and the terminus of Hamilton Avenue, and is more particularly described in the legal description
and sketch attached hereto as Exhibits A and B,respectively, and incorporated by reference as
though fully set forth herein.
t
EYHIT�IT A . I
Ordinance No. 3750
SECTION 2. That the zoning designation of the Subject Property is hereby changed
from IL-O-FP2 (Limited Industrial-Oil District Overlay-Floodplain)to RM-FP2(Medium
Density Residential-Floodplain)
SECTION 3. That Huntington Beach Zoning and Subdivision Ordinance Section
201.04B District Map 14 (Sectional District Map 13-6-11) is hereby amended to reflect Zoning
Map Amendment No. 04-01 as described herein. The Director of Planning is hereby directed to
prepare and file an amended map. A copy of said District Map, as amended,shall be available
for inspection in the Office of the City Clerk.
SECTION 4. This ordinance shall take effect thirty days after passage.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18 t hday of September ,2006.
G�c..r
Mayor
ATTEST: APPROVED AS TO FORM:
CiV 011i tJ'C
lerk Attorney 1 O�
.
REVIEWED AND APPROVED: INITIATED AND APPROVED:
ity Administrator Director of P anning
ATTACHMENTS
Exhibit A: Legal Description
Exhibit B: Sketch
2
Puy«vT A .a
Ord . No. 3750
EXHIBIT"A"
BEING A PORTION OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 13,
TOWNSHIP 6 SOUTH,RANGE I 1 WEST, S.B.B.M.,IN THE RANCHO LAS BOLSAS,IN THE CITY
OF HUNTINGTON BEACH, COUNTY OF ORANGE,STATE OF CALIFORNIA,AS SHOWN ON A
MAP RECORDED IN BOOK 51,PAGE 14 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER,SAID POINT
BEING THE CENTERLINE INTERSECTION OF NEWLAND STREET AND HAMILTON AVENUE;
THENCE NORTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER AND SAID
CENTERLINE OF NEWLAND STREET,NORTH 00-17'08"EAST 50.25 FEET TO A POINT ON A
LINE BEING PARALLEL WITH AND 50.25 FEET NORTHERLY OF THE SOUTH LINE OF THE
NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 13,SAID POINT ALSO THE TRUE
POINT OF BEGINNING;THENCE CONTINUING ALONG SAID EAST LINE,NORTH 00*17'08"
EAST 609.12 FEET TO THE SOUTH LINE OF THE NORTH ONE-HALF OF THE SOUTH ONE-
HALF OF THE NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 13;THENCE
WESTERLY ALONG SAID SOUTH LINE,NORTH 89-24'57-WEST 1649.70 FEET;THENCE
LEAVING SAID SOUTH LINE, SOUTH 00`34'17"WEST 609.51'TO A POINT ON SAID PARALLEL
LINE;THENCE EASTERLY ALONG SAID PARALLEL LINE,SOUTH 89"25'46"EAST 1652.74
FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 1,006,104 SQ.FT.=23.097 ACRES
AS SHOWN ON EXHIBIT`B"ATTACHED HERETO AND MADE A PART THEREOF.
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wsSOCIATESEXHIBITEN & "A"
LEGAL DESCRIPTION
Civil Engineers—Land Surveyors-Planners FOR PARCEL 1
2552 White Road, Suite B
Irvine,CA 92614-6236 W.O.No. 1402-678-001 Date: 06/28/2004
949-660-0110 Fax:949-660-0418 Engr.B.J_W. Chk'd J.W. Sheet I of I
A -3
Ord . No. 3750
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Z POINT OF
EXHIBIT B COMMENCEMENT
Z SE COR. OF NW 1/4.
TRUE POINT Q L'.1 FRAC. SEC. }3,
OF BEGINNING T Q AMT6S. R1 1W
N 00.17.08" E 609.12' — NEWLD STREET
t N 0917'08 E 50.25'
SCALE: 1'=250'
50.25'
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SOUTH LINE OF
NW 1/4 OF FRACT.
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DEN & EXHIBITSOCIATES SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
FOR PARCEL 1
CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS
2-552 WHITE ROAD,SUM R-IRVINE*CA 92614-6236 W.O. No. 1402-678-001 Dote 07 01 04
(949)66")10 FAX 660-0418 En r. B.J.W. Chk'd J.W. Sheet 1 Of }
i=v141T-ImT Q .Ll
Ord. No. 3750
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach,and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 18th day of September, 2006,and was again read to said
City Council at a regular meeting thereof held on the 2nd day of October,2006, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen
NOES: Cook
:`. 415 it tBES�it�tifi L s i
ABSENT: None -_-,� the®siginal on file in thidsa2 , .1
Attest ftb. )— , 20 t
ABSTAIN: None
City Cleric and Ex-off icie Cl® ®f the C'y
Council of the City of Huntington BG- s�,
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on October I2,2006.
In accordance with the City Charter of said City QM- -0
Joan L.Flynn,City Clerk Ci lerk and ex-officio C#k
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
RESOLUTION NO. 2006-61
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH APPROVING
GENERAL PLAN AMENDMENT NO. 04-04
WHEREAS, General Plan Amendment No. 04-04 proposes to amend the Land Use Plan
by:
1. Designating 23.1 acres of real property on the west side of Newland Street, north of
the terminus of Hamilton Avenue, as more particularly described on Exhibits"A" and
"B" attached hereto, from I-F2-d (Industrial-0.5 Floor Area Ratio-Design Overlay) to
RM(Medium Density Residential); and.
2. Removing the subject area from Subarea 9F of the Community District and Subarea
Schedule; and
Pursuant to California Government Code, the Planning Commission of the City of
Huntington Beach, after notice duly given, held a public hearing to consider General Plan
Amendment No. 04-04 and recommended approval of said entitlement to the City Council; and
Pursuant to California Government Code, the City Council of the City of Huntington
Beach, after notice duly given, held a public hearing to consider General Plan Amendment No.
04-04; and
The City Council finds that said General Plan Amendment No. 04-04 is necessary for the
changing needs and orderly development of the community, and is necessary to accomplish
refinement of the General Plan and is consistent with other elements of the General Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
SECTION 1: That the real property that is the subject of this Resolution (hereinafter
referred to as the "Subject Property") is generally located on the west side of Newland Street,
north of the terminus of Hamilton Avenue in the City of Huntington Beach, and is more
particularly described in the legal description and sketch attached hereto as Exhibits "A" and
"B," respectively, and incorporated by this reference as though fully set forth herein.
SECTION 2: That General Plan Amendment No. 04-04, which amends the General Plan
Land Use Designation for the subject area from I-F2-d (Industrial-0.5 Floor Area Ratio-Design
Overlay) to RM (Medium Density Residential) and removes the subject area from Subarea 9F of
the Community District and Subarea Schedule, is hereby approved. The Director of Planning is
hereby directed to prepare and file an amended Land Use Map and Community District and
Subarea Schedule. A copy of said map and schedule, as amended, shall be available for
inspection in Planning Department.
SEP O 5 Z006
Reso GPA Draft Council I
Reso. No. 2006-6I
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18thday of September ,2006.
Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
ty AdmAstrator 4ity Attorney ®(o
INITI TED AND APPROVED:
fanning Director
ATTACHMENTS
Exhibit A: Legal Description
Exhibit B: Sketch
Reso GPA Draft Council 2
Reso. No. 2006-61
Z POINT OF
EXHIBIT B � COMMENCEMENT
Z SE COR. OF NW 1/4.
TRUE POINT Q j FRAC. SEC. 13,
OF BEGINNING =Q T6S, R 11 W
.12 N 00.17'Ofr E 609 • - NEWLAND STREET
' N 00 17.08" E 50.25'
SCALE: 1"=250'
50.25'
`1 SOUTH LINE OF
NW 1/4 OF FRACT.
SEC_ 13, T6S, R 1 1 W
PARCEL 1
l c 23.097 ACRES
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to
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SOUTH LINE OF N_ 1/2.
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Pt lAaO
WENkso�
411—
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No. 7914
N OO'34'1 r E 609.51• J, Exp. 12-31-05
VWDEN & EXHIBITSOCIATES SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
FOR PARCEL 1
CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS
2552 WHITE ROAD,SUITE R-IRVINE.CA 92614-6236 W.O. NO_ 1402-678-001 Dote 07/01/04
(949)660-0110 FAX:66ao418 En r. B.J_W. Chk'd J.W_ Sheet 1 Of 1
EXH1131T �.3
• Reso. No. 2006-61
EXHIBIT"A"
BEING A PORTION OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 13,
TOWNSHIP 6 SOUTH,RANGE I 1 WEST,S.B.B.M.,IN THE RANCHO LAS BOLSAS,IN THE CITY
OF HUN"TINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA,AS SHOWN ON A
MAP RECORDED IN BOOK 51,PAGE 14 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER,SAID POINT
BEING THE CENTERLINE INTERSECTION OF NEWLAND STREET AND HAMILTON AVENUE;
THENCE NORTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER AND SAID
CENTERLINE OF NEWLAND STREET,NORTH 00"17'08"EAST 50.25 FEET TO A POINT ON A
LINE BEING PARALLEL WITH AND 50.25 FEET NORTHERLY OF THE SOUTH LINE OF THE
NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 13,SAID POINT ALSO THE TRUE
POINT OF BEGINNING;THENCE CONTINUING ALONG SAID EAST LINE,NORTH 00.17'09"
EAST 609.12 FEET TO THE SOUTH LINE OF THE NORTH ONE-HALF OF THE SOUTH ONE-
HALF OF THE NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 13;THENCE
WESTERLY ALONG SAID SOUTH LINE,NORTH 89"2457"WEST 1649.70 FEET;THENCE
LEAVING SAID SOUTH LINE,SOUTH 00"34'17"WEST 609.5 PTO A POINT ON SAID PARALLEL
LINE;THENCE EASTERLY ALONG SAID PARALLEL LINE,SOUTH 89.25'46"EAST 1652.74
FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 1,006,104 SQ.FT.=23.097 ACRES
AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND MADE A PART THEREOF.
ANAL LAyp
�C-3 ALLEN,�sG�`
�No. 7914
Exp_ 12-31-05
��91E 4F
CV%
ALDEN & EXHIBIT"A"
SSOCIATES
LEGAL DESCRIPTION
Civil Engineers—Land Surveyors-Planners FOR PARCEL 1
2552 White Road, Suite B
Irvine,CA 92614-6236 W-O.No. 1402-678-001 Date: 06/28/2004
949-660-0110 Fax: 949-660-0418 Engr_B.J.W. Chk'd J.W. Sheet 1 of I
E 1 1 SIT By
Res. No. 2006-61
STATE OF CALIFORNIA
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH }
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing 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 18th day of September, 2006 by the
following vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen
NOES: Cook
ABSENT: None
ABSTAIN: None
iIg hnetrumal t is a cwe
ffi of the original on kb-
in thus ,
Attest (l� . M 20
At
Csty Clerk and Ex-officio Clerk of the CN°V Ci lerk and ex-offcio Merk of the
Cauncll of t ® City of Huntington Bewv a,
City Council of the City of
Huntington Beach, California
FkN IT .�
ORDINANCE NO. 3626
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION
CODE BY AMENDING DISTRICT MAP 14 (SECTIONAL DISTRICT MAP
13-6-I 1)TO REZONE THE REAL PROPERTY GENERALLY LOCATED
ON THE WEST SIDE OF LOCHLEA LANE,AT THE INTERSECTION WITH
LOMOND DRIVE FROM RA-FP2(RESIDENTIAL AGRICULTURE-FLOOD
PLAIN 2)TO RL-FP2(RESIDENTIAL LOW-DENSITY-FLOOD
PLAIN 2) (ZONING MAP AMENDMENT NO. 02-03)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Map Amendment No. 02-03, which rezones the
property generally located on the west side of Lochlea Lane at the intersection with Lomond
Drive from RA-FP2 (Residential Agriculture-Flood Plain 2) to RL-FP2 (Residential Low-
Density-Flood Plain 2);and
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds .that the aforesaid
amendment is proper and consistent with the General Plan,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. That the real property that is the subject of this ordinance (hereinafter
referred to as the"Subject Property") is generally located on the west side of Lochlea Lane at the
intersection with Lomond Drive, and is more particularly described in the legal description and
sketch attached as Exhibits A and B, respectively, and incorporated by reference as though fully
set forth herein.
SECTION 2. That the zoning designation of the Subject Property is hereby changed
from RA-FP2 (Residential Agriculture-Flood Plain 2) to RL-FP2 (Residential Low-Density-
Flood Plain 2).
SECTION 3. That Huntington Beach Zoning and Subdivision Code Section 201.04B
District Map 14 (Sectional District Map 13-6-11) is hereby amended to reflect Zoning Map
Amendment No. 02-03 as described herein. The Planning Director is hereby directed to prepare
and file an amended map. A copy of said District Map, as amended, shall be available for
inspection in the Office of the City Clerk.
SECTION 4. This ordinance shall take effect thirty days after its adoption.
ord/03zoning/dist 1 3-6-1 1/1 1 24103 I
FXHIT-�iT C . l
Ord.No.3626
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 5th day of January ,200 4
ay
ATTEST: APPROVED AS TO FORM:
City erk C y Attorrky Q
t1-L
REVIEWED AND APPROVED: IN I TED AND APP VED:
City AdvOrmstrator Pl&&ing Director
ATTACHMENTS: Exhibit A: Legal Description
Exhibit B: Sketch
ufd/03zoning/dist 13-6-11/11/24/03 2
Ord. No.3626
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY,the duly elected,qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a regular meeting thereof held on the 15th day of December,2003,and was again read
to said City Council at a regular meeting thereof held on the 5th day of January,2004,
and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook,Houchen
NOES: None
ABSENT: None The foregoinginstrument is a coned
copy of the original on file in this office.
Attest __ 2001
ABSTAIN: None
City Clerk and 1 x-officio Clerk of the City
Council of the City of Huntington Beach.
Califomia.
®eptstr
I,Connie Brockway,CITY CLERK of the City of By -
—lb"Huntington Beach and ex-officio Clerk of the City ��JV
!!
Council,do hereby certify that a synopsis of this II
ordinance has been published in the Huntington Beach
Fountain Valley Independent on January 15,2004_
In accordance with the City Charter of said City
Connie Brockway,City Clerk City Clerk and ex-officio elerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
r—Y 14 1 R l-r C
ORDINANCE NO. 3669
AN ORDINANCE OF THE CITY OF HUN IINGIO BEACH
AMENDING CHAPTER 204 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE ENTITLED
USE CLASSIFICATIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance
is hereby amended to read as follows:
�Cha�lte �C�
Sections:
204.02 Applicability
204.04 Uses Not Classified
204.06 Residential Use CIassifications
204.08 Public and Semipublic Use Classifications
204.10 Commercial Use Classifications
204.12 Industrial Use Classifications
204.14 Accessory Use Classifications
204.16 Temporary Use Classifications
204.02 Applicability
Use classifications describe one or more uses having similar characteristics, but do not list
every use or activity that may appropriately be within the classification. The Director shall
determine whether a specific use shall be deemed to be within one or more use classifications
or not within any classification in this Title. The Director may determine that a specific use
shall not be deemed to be within a classification, if its characteristics are substantially different
than those typical of uses named within the classification. The Director's decision may be
appealed to the Planning Commission.
204.04 Uses Not Classified
Any new use,or any use that cannot be clearly determined to be in an existing use
classification,may be incorporated into the zoning provisions by a Zoning and Subdivision
Ordinance text amendment, as provided in Chapter 247. Such an incorporation shall not be
effective unless certified by the Coastal Commission as a Local Coastal Program amendment.
204.06 Residential Use Classifications
A. Day Care,Limited (or Small-Familyl. Non-medical care and supervision of six
or fewer persons, or eight or fewer persons if two of the persons are six years of
age or older,on a less than 24-hour basis. Children under the age of 10 years
who reside in the home shall be counted for purposes of these limits. This
classification includes nursery schools,preschools,and day-care centers for
children and adults.
B. Group Residential. Shared living quarters without separate kitchen or bathroom
facilities for each room or unit. This classification includes boarding houses, but
excludes residential hotels or motels.
ord/04zoning/Chap204l8/23/04 I
Ordinance No. 3669
C. Multifamily Residential. Two or more dwelling units on a site. This
classification includes manufactured homes.
D. Residential Alcohol Recovery, Limited. Twenty-four-hour care for no more
than six persons suffering from alcohol problems in need of personal
services,supervision,protection or assistance. This classification includes
only those facilities licensed by the State of California.
E. Residential Care,Limited. Twenty-four-hour non-medical care for 6 or
fewer persons in need of personal services, supervision,protection, or
assistance essential for sustaining the activities of daily living. This
classification includes only those services and facilities licensed by the State
of California.
F. Single-Family Residential. Buildings containing one dwelling unit located
on a single lot. This classification includes manufactured homes.
204.08 Public and Semipublic Use Classifications
A. Cemetery. Land used or intended to be used for the burial of human remains
and dedicated for cemetery purposes. Cemetery purposes include
columbariums, crematoriums, mausoleums, and mortuaries operated in
conjunction with the cemetery,business and administrative offices, chapels,
flower shops, and necessary maintenance facilities.
B. Clubs and Lodges. Meeting,recreational,or social facilities of a private or
nonprofit organization primarily for use by members or guests. This
classification includes union halls, social clubs and youth centers.
C. Community and Human Service Facilities.
1_ Drug Abuse Centers. Facilities offering drop-in services for persons
suffering from drug abuse,including treatment and counseling
without provision for on-site residence or confinement.
2. Primary Health Care. Medical services,including clinics, counseling and
referral services,to persons afflicted with bodily or mental disease or
injury without provision for on-site residence or confinement.
3_ Emergency Kitchens. Establishments offering food for the
"homeless" and others in need.
4. Emergency Shelters. Establishments offering food and shelter
programs for"homeless"people and'others in need. This
classification does not include facilities licensed for residential care,
as defined by the State of California,which provide supervision of
daily activities.
5. Residential Alcohol Recovery.General_ Facilities providing 24-hour
care for more than six persons suffering from alcohol problems,in
need of personal services,supervision,protection or assistance.
These facilities may include an inebriate reception center as well as
facilities for treatment,training, research,and administrative services
for program participants and employees. This classification includes
only those facilities licensed by the State of California.
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Ordinance No.3669
6. Residential Care, General_ Twenty-four-hour non-medical care for
seven or more persons, including wards of the juvenile court, in need
of personal services,supervision,protection,or assistance essential
for sustaining the activities of daily living. This classification
includes only those facilities licensed by the State of California.
D. Convalescent Facilities. Establishments providing care on a 24-hour basis
for persons requiring regular medical attention,but excluding facilities
providing surgical or emergency medical services.
E. CulturaI Institutions. Nonprofit institutions displaying or preserving objects
of interest in one or more of the arts or sciences. This classification includes
libraries, museums, and art galleries.
F. Day Care, Large-Family. Non-medical care and supervision for 7 to 12
persons,or up to 14 persons if two of the persons are six years of age or
older on a less than 24-hour basis. Children under the age of 10 years who
reside in the home shall be counted for purposes of these limits.
G. Day_Care, General. Non-medical care for 13 or more persons on a less than
24-hour basis. This classification includes nursery schools,preschools, and
day-care centers for children or adults.
H. Emergency Health Care. Facilities providing emergency medical service
with no provision for continuing care on an inpatient basis.
I. Government Offices. Administrative, clerical, or public contact offices of a
government agency, including postal facilities,together with incidental
storage and maintenance of vehicles.
I Heliports. Pads and facilities enabling takeoffs and landings by helicopter.
K_ Hospitals. Facilities providing medical, surgical,psychiatric,or emergency
medical services to sick or injured persons,primarily on an inpatient basis.
This classification includes incidental facilities for out-patient treatment,as
well as training,research, and administrative services for patients and
employees.
L. Maintenance and Service Facilities. Facilities providing maintenance and
repair services for vehicles and equipment,and materials storage areas. This
classification includes corporation yards,equipment service centers, and
similar facilities.
M. Marinas. A boat basin with docks,mooring facilities, supplies and
equipment for small boats.
N_ Park and Recreation Facilities. Noncommercial parks, playgrounds,
recreation facilities,and open spaces.
O. Public Safety Facilities_ Facilities for public safety and emergency services,
including police and fire protection.
P. Religious Assembly. Facilities for religious worship and incidental religious
education,but not including private schools as defined in this section.
Q. Schools Public or Private. Educational institutions having a curriculum
comparable to that required in the public schools of the State of California.
R. Utilities, Major. Generating plants,electrical substations, above-ground
electrical transmission lines, switching buildings,refuse collection,transfer,
recycling or disposal facilities, flood control or drainage facilities, water or
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Ordinance No.3669
wastewater treatment plants,transportation or communications utilities,and
similar facilities of public agencies or public utilities.
S. Utilities,Minor. Utility facilities that are necessary to support legally
established uses and involve only minor structures such as electrical
distribution lines, underground water and sewer lines, and recycling and
collection containers.
204.10 Commercial Use Classifications
A. Ambulance Services. Provision of emergency medical care or
transportation, including incidental storage and maintenance of vehicles as
regulated by Chapter 5.20.
B. Animal Sales and Services.
1. Animal Boarding. Provision of shelter and care for small animals on
a commercial basis. This classification includes activities such as
feeding, exercising, grooming,and incidental medical care,and
kennels.
2. Animal Grooming. Provision of bathing and trimming services for
small animals on a commercial basis. This classification includes
boarding for a maximum period of 48 hours.
3. Animal Hospitals. Establishments where small animals receive
medical and surgical treatment. This classification includes only
facilities that are entirely enclosed, soundproofed,and air-
conditioned. Grooming and temporary (maximum 30 days)boarding
of animals are included,if incidental to the hospital use.
4. Animals: Retail Sales. Retail sales and boarding of small animals,
provided such activities take place within an entirely enclosed
building. This classification includes grooming, if incidental to the
retail use,and boarding of animals not offered for sale for a
maximum period of 48 hours.
5. Equestrian Centers. Establishments offering facilities for instruction in
horseback riding,including rings, stables,and exercise areas.
6. Pet Cemetery. Land used or intended to be used for the burial of
animals, ashes or remains of dead animals, including placement or
erection of markers,headstones or monuments over such places of
burial.
C_ Artists' Studios_ Work space for artists and artisans,including individuals
practicing one of the fine arts or performing arts,or skilled in an applied art
or craft.
D. Banks and Savings and Loans. Financial institutions that provide retail
banking services to individuals and businesses. This classification includes
only those institutions engaged in the on-site circulation of cash money. It
also includes businesses offering check-cashing facilities.
l. With Drive-up Service_ Institutions providing services accessible to
persons who remain in their automobiles.
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Ordinance No. 3669
E. Building Materials and Services. Retailing,wholesaling,or rental of
building supplies or equipment. This classification includes lumber yards,
tool and equipment sales or rental establishments,and building contractors'
yards,but excludes establishments devoted exclusively to retail sales of paint
and hardware, and activities classified under Vehicle/Equipment Sales and
Services.
F. Catering Services. Preparation and delivery of food and beverages for off-
site consumption without provision for on-site pickup or consumption. (See
also Eating and Drinking Establishments.)
G. Commercial Filming. Commercial motion picture or video photography at
the same location more than six days per quarter of a calendar year. (See
also Chapter 5.54,Commercial Photography)
H. Commercial Recreation and Entertainment_ Provision of participant or
spectator recreation or entertainment. This classification includes theaters,
sports stadiums and arenas, amusement parks, bowling alleys,billiard parlors
and poolrooms as regulated by Chapter 9.32;dance halls as regulated by
Chapter 5.28; ice/roller skating rinks, golf courses, miniature golf courses,
scale-model courses, shooting galleries,tennis/racquetball courts,
health/fitness clubs,pinball arcades or electronic games centers,cyber cafe
having more than 4 coin-operated game machines as regulated by Chapter
9.28;card rooms as regulated by Chapter 9.24; and fortune telling as
regulated by Chapter 5.72.
1. Limited. Indoor movie theaters,game centers and performing arts
theaters and health/fitness clubs occupying less than 2,500 square
feet.
I. Communications Facilities. Broadcasting, recording,and other
communication services accomplished through electronic or telephonic
mechanisms,but excluding Utilities(Major). This classification includes
radio,television,or recording studios;telephone switching centers;telegraph
offices; and wireless communication facilities. (3334-6/97,3378-M8,3588-9/02))
J. Eating and Drinking_Establishments. Businesses serving prepared food or
beverages for consumption on or off the premises.
I_ With Fast-Food or Take-Out Service. Establishments where patrons
order and pay for their food at a counter or window before it is
consumed and may either pick up or be served such food at a table or
take it off-site for consumption.
a. Drive-through. Service from a building to persons in vehicles
through an outdoor service window.
b. Limited. Establishments that do not serve persons in vehicles
or at a table.
2. With Live Entertainment/Dancing. An eating or drinking
establishment where dancing and/or live entertainment is allowed.
This classification includes nightclubs subject to the requirements of
Chapter 5.44 of the Municipal Code.
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Ordinance No. 3669
K. Food and Bevera eg_ Sales. Retail sales of food and beverages for off-site
preparation and consumption. Typical uses include groceries,liquor stores,
or delicatessens. Establishments at which 20 percent or more of the
transactions are sales of prepared food for on-site or take-out consumption
shall be classified as Catering Services or Eating and Drinking
Establishments.
1. With Alcoholic Beverage Sales. Establishments where more than 10
percent of the floor area is devoted to sales,display and storage of
alcoholic beverages.
L. Food Processing. Establishments primarily engaged in the manufacturing or
processing of food or beverages for human consumption and wholesale
distribution.
M. Funeral and Interment Services. Establishments primarily engaged in the
provision of services involving the care,preparation or disposition of human
dead other than in cemeteries. Typical uses include crematories,
columbariums,mausoleums or mortuaries.
N. Horticulture. The raising of fruits, vegetables, flowers,trees,and shrubs as a
commercial enterprise.
O. Laboratories. Establishments providing medical or dental laboratory
services; or establishments with less than 2,000 square feet providing
photographic, analytical,or testing services. Other laboratories are classified
as Limited Industry.
P. Maintenance and Repair Services. Establishments providing appliance
repair,office machine repair,or building maintenance services. This
classification excludes maintenance and repair of vehicles or boats; see
(Vehicle/Equipment Repair).
Q. Marine Sales and Services. Establishments providing supplies and
equipment for shipping or related services or pleasure boating. Typical uses
include chandleries,yacht brokerage and sales,boat yards,boat docks,and
sail-making lofts.
R. Nurseries. Establishments in which all merchandise other than plants is kept
within an enclosed building or a fully screened enclosure,and fertilizer of
any type is stored and sold in package form only.
S. Offices, Business and Professional. Offices of firms or organizations
providing professional,executive,management, or administrative services,
such as architectural, engineering, graphic design, interior design, real estate,
insurance,investment,legal,veterinary,and medical/dental offices. This
classification includes medical/dental laboratories incidental to an office use,
but excludes banks and savings and loan associations.
T. Pawn Shops. Establishments engaged in the buying or selling of new or
secondhand merchandise and offering loans secured by personal property
and subject to Chapter 5.36 of the Municipal Code.
U. Personal Enrichment Services. Provision of instructional services or
facilities, including photography, fine arts,crafts,dance or music studios,
driving schools,business and trade schools,and diet centers,reducing
ord/04zoning/Chap204/8/23/04 6 ED t t?)tT -D. (::;)
Ordinance No.3669
salons, fitness studios,yoga or martial arts studios,and massage in
conjunction with Personal Services business.
V_ Personal Services. Provision of recurrently needed services of a personal
nature. This classification includes barber and beauty shops, seamstresses,
tailors, shoe repair shops,dry-cleaning businesses(excluding large-scale
bulk cleaning plants),photo-copying,and self-service laundries.
W. Research and Development Services. Establishments primarily engaged in
industrial or scientific research, including limited product testing. This
classification includes electron research firms or pharmaceutical research
laboratories, but excludes manufacturing,except of prototypes, or medical
testing and analysis.
X. Retail Sales. The retail sale of merchandise not specifically listed under
another use classification. This classification includes department stores,
drug stores, clothing stores, and furniture stores, and businesses retailing the
following goods: toys,hobby materials,handcrafted items,jewelry,cameras,
photographic supplies,medical supplies and equipment, electronic
equipment, records, sporting goods, surfing boards and equipment,kitchen
utensils,hardware, appliances, antiques,art supplies and services,paint and
wallpaper, carpeting and floor covering, office supplies,bicycles, and new
automotive parts and accessories (excluding service and installation).
Y. Secondhand Appliances and Clothing Sales. The retail sale of used
appliances and clothing by secondhand dealers who are subject to Chapter
5.36. This classification excludes antique shops primarily engaged in the
sale of used furniture and accessories other than appliances,but includes
junk shops.
Z. Sex Oriented Businesses. Establishments as regulated by Chapter 5.70;
baths,sauna baths and massage establishments,as regulated by Chapter 5.24;
and figure model studios as regulated by Chapter 5.60.
AA. Swap Meets, Indoor/Flea Markets. An occasional,periodic or regularly
scheduled market held within a building where groups of individual vendors
offer goods for sale to the public.
BB. Swap Meets, Recurring. Retail sale or exchange of handcrafted or
secondhand merchandise for a maximum period of 32 consecutive hours,
conducted by a sponsor on a more than twice yearly basis.
CC. Tattoo Establishment. Premises used for the business of marking or coloring
the skin with tattoos as regulated by Chapter 8.70.
DD. Travel Services. Establishments providing travel information and
reservations to individuals and businesses. This classification excludes car
rental agencies.
EE. Vehicle/Equipment Sales and Services.
1. Automobile Rentals. Rental of automobiles,including storage and
incidental maintenance,but excluding maintenance requiring
pneumatic lifts.
ord/04zoning/Chap204/8/23/04 7 ��/ IT �•
Ordinance No.3669
2. Automobile Washing. Washing,waxing,or cleaning of automobiles
or similar light vehicles.
3. Commercial Parking FaciliV. Lots offering short-term or long-term
parking to the public for a fee.
4. Service Stations. Establishments engaged in the retail sale of gas,
diesel fuel, lubricants,parts, and accessories. This classification
includes incidental maintenance and minor repair of motor vehicles,
but excluding body and fender work or major repair of automobiles,
motorcycles,light and heavy trucks or other vehicles.
5. Vehicle/Equipment Repair Repair of automobiles,trucks,
motorcycles,mobile homes,recreational vehicles,or boats, including
the sale, installation,and servicing of related equipment and parts.
This classification includes auto repair shops,body and fender shops,
transmission shops,wheel and brake shops, and tire sales and
installation,but excludes vehicle dismantling or salvage and tire
retreading or recapping.
a. Limited. Light repair and sale of goods and services for
vehicles, including brakes,muffler, tire shops, oil and lube,
and accessory uses, but excluding body and fender shops,
upholstery,painting, and rebuilding or reconditioning of
vehicles.
6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles,
motorcycles,trucks,tractors,construction or agricultural equipment,
manufactured homes, boats,and similar equipment, including storage
and incidental maintenance.
7. Vehicle Storage. Storage of operative or inoperative vehicles_ This
classification includes storage of parking tow-aways, impound yards,
and storage lots for automobiles,trucks,buses and recreational
vehicles,but does not include vehicle dismantling.
FF. Visitor Accommodations.
1. Bed and Breakfast Inns. Establishments offering lodging on a less
than weekly basis in a converted single-family or multi-family
dwelling or a building of residential design,with incidental eating
and drinking service for lodgers only provided from a single kitchen.
2. Hotels and Motels. Establishments offering lodging on a weekly or
less than weekly basis. Motels may have kitchens in no more than 25
percent of guest units, and "suite"hotels may have kitchens in all
units. This classification includes eating, drinking,and banquet
service associated with the facility_
GG. Warehouse and Sales Outlets. Businesses which store large inventories of
goods in industrial-style buildings where these goods are not produced on the
site but are offered to the public for sale.
HH. Quasi Residential
ord/04zoningfChap204l8/23104 8 \ H IT-
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Ordinance No 3669
1. Residential Hotels. Buildings with 6 or more guest rooms without
kitchen facilities in individual rooms,or kitchen facilities for the
exclusive use of guests, and which are intended for occupancy on a
weekly or monthly basis.
2. Single Room Occupancy. Buildings designed as a residential hotel
consisting of a cluster of guest units providing sleeping and Iiving
facilities in which sanitary facilities and cooking facilities are
provided within each unit; tenancies are weekly or monthly.
3. Time-Share Facilities. A facility in which the purchaser receives the
right in perpetuity,for life or for a term of years, to the recurrent
exclusive use or occupancy of a lot,parcel,unit or segment of real
property,annually or on some other periodic basis for a period of
time that has been or will be allocated from the use or occupancy
periods into which the plan has been divided. A time-share plan may
be coupled with an estate in the real property or it may entail a
license or contract and/or membership right of occupancy not
coupled with an estate in the real property.
204.12 Industrial Use Classifications
A. Industry, Custom. Establishments primarily engaged in on-site production of
goods by hand manufacturing involving the use of hand tools and small-scale
equipment.
1. Small-scale. Includes mechanical equipment not exceeding 2
horsepower or a single kiln not exceeding 8 kilowatts and the
incidental direct sale to consumers of only those goods produced on-
site. Typical uses include ceramic studios, candle-making shops, and
custom jewelry manufacture.
B. Industry General. Manufacturing of products, primarily from extracted or
raw materials, or bulk storage and handling of such products and materials.
Uses in this classification typically involve a high incidence of truck or rail
traffic,and/or outdoor storage of products,materials,equipment,or bulk
fuel. This classification includes chemical manufacture or processing,food
processing and packaging, laundry and dry cleaning plants, auto dismantling
within an enclosed building, stonework and concrete products manufacture
(excluding concrete ready-mix plants),small animal production and
processing within an enclosed building,and power generation.
C. lndustry, Limited. Manufacturing of finished parts or products, primarily
from previously prepared materials;and provision of industrial services,both
within an enclosed building. This classification includes processing,
fabrication, assembly,treatment,and packaging,but excludes basic
industrial processing from raw materials and Vehicle/Equipment Services,
but does allow food processing for human consumption.
D. Industry,Research and Development. Establishments primarily engaged in
the research,development,and controlled production of high-technology
electronic,industrial or scientific products or commodities for sale,but
prohibits uses that may be objectionable in the opinion of the Director,by
reason of production of offensive odor, dust,noise,vibration,or in the
opinion of the Fire Chief by reason of storage of hazardous materials. Uses
ord/04zoning/Chap20418/23/04 9
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Ordinance No. 3669
include aerospace and biotechnology firms, and non-toxic computer
component manufacturers.
This classification also includes assembly, testing and repair of components,
devices,equipment,systems,parts and components such as but not limited to
the following: coils,tubes,semi-conductors;communication,navigation,
guidance and control equipment; data processing equipment; filing and
labeling machinery; glass edging and silvering equipment; graphics and art
equipment; metering equipment; optical devices and equipment;
photographic equipment;radar, infrared and ultraviolet equipment;radio and
television equipment.
This classification also includes the manufacture of components,devices,
equipment,parts and systems which includes assembly, fabricating,plating
and processing,testing and repair,such as but not limited to the following:
machine and metal fabricating shops, model and spray painting shops,
environmental test,including vibration analysis, cryogenics, and related
functions,plating and processing shops, nuclear and radioisotope.
This classification also includes research and development laboratories
including biochemical and chemical development facilities for national
welfare on land,sea,or air; and facilities for film and photography,
metallurgy;pharmaceutical, and medical and x-ray research.
E. Wholesaling,Distribution and Storage. Storage and distribution facilities
without sales to the public on-site or direct public access except for recycling
facilities and public storage in a small individual space exclusively and directly
accessible to a specific tenant. This classification includes mini-warehouses.
204.14 Accessory Use Classifications
Accessory Uses and Structures. Uses and structures that are incidental to the principal
permitted or conditionally permitted use or structure on a site and are customarily found on
the same site. This classification includes detached or attached garages,home occupations,
caretakers'units, and dormitory type housing for industrial commercial workers employed
on the site, and accessory dwelling units.
204.16 Temporary Use Classifications
A. Animal Shows. Exhibitions of domestic or large animals for a maximum of
seven days.
B. Festivals, Circuses and Carnivals. Provision of games,eating and drinking
facilities,live entertainment,animal exhibitions,or similar activities in a tent
or other temporary structure for a maximum of seven days. This
classification excludes events conducted in a permanent entertainment
facility.
C. Commercial Filming,Limited. Commercial motion picture or video
photography at a specific location six or fewer days per quarter of a calendar
year. (See also Chapter 5.54,Commercial Photography)
D. Personal Property Sales. Sales of personal property by a resident("garage
sales") for a period not to exceed 48 consecutive hours and no more than
once every six months.
ord/04zoning/Chap204W23/04 10 F Y H 1`:� IT
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Ordinance No. 3669
E. Real Estate Sales. An office for the marketing, sales,or rental of residential,
commercial,or industrial development. This classification includes "model
homes."
F. Retail Sales,Outdoor. Retail sales of new merchandise on the site of a
legally established retail business for a period not to exceed 96 consecutive
hours(four days)no more than once every 3 months.
G. Seasonal Sales. Retail sales of seasonal products, including Christmas trees,
Halloween pumpkins and strawberries.
H. Street Fairs. Provision of games, eating and drinking facilities, live
entertainment,or similar activities not requiring the use of roofed structures.
I. Trade Fairs. Display and sale of goods or equipment related to a specific
trade or industry for a maximum period of five days per year.
J. Temnporary Event. Those temporary activities located within the coastal
zone that do not qualify for an exemption pursuant to Section 245.08.
K. Tent Event. Allows for the overflow of religious assembly for a period not
to exceed 72 consecutive hours and not more than once every 3 months.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 15TH day of NOVEMBER , 2004.
)TS-
or
ATTEST:
QM.*i APPROVED AS TO FORM:
City C erk
"Cityorney
REVIEWED AND APPROVED:
INIT ED AND AP OVED:
Cij Administrator
Director of Planning
ord/04zoning/Chap204/8/23/04 11
FuH 112JT T>_ I I
Ord_ No. 3669
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 Clerk of the City Council of said City,do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven;that the foregoing ordinance was read to said City Council at a re ular
meeting thereof held on the 1st day of November,2004,and was again read to said City
Council at a regular meeting thereof held on the 15th day of November, 2004, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Sullivan,Coerper, Hardy,Green,Boardman, Cook, Winchell
NOES: None
foregoingThe lnz t°un a t;" 4rrsd
ABSENT: None copy of the original an fit(, in tfim otrgm
Attest yl�. �. 20Q1
ABSTAIN: None O A M k• fI 04
City Clerk and E s-cffi._' -;erk s C
Council 09 the t= � t�artington Beach,
Calmomla.
Ey_ --fit
® .
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been JJ
published in the Huntington Beach Fountain Valley
Independent on November 25,2004_
In accordance with the City Charter of said City
Joan L.Flynn,City Clerk ity Clerk and ex-offs Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 3673
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 214 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE ENTITLED
PS PUBLIC-SEMIPUBLIC DISTRICTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 214 of the Huntington Beach Zoning and Subdivision Ordinance is hereby
amended to read as follows:
Sections:
214.02 Public-Semipublic District Established
214.04 Applicability
214.06 PS District: Land Use Controls
214.08 PS District: Development Standards
214.10 Review of Plans
214.02 Public-Semipublic District Established
The PS Public-Semipublic District is established by this chapter. This district provides areas for
large public or semipublic uses. The intent of this district in the coastal zone is to implement the
Public, Quasi-Public, and Institutional land use designation of the certified Local Coastal Program
Land Use Plan.
214.04 Applicability
The PS District shall be the base district for the use classifications listed in Section 214.06 where
these have a contiguous site area of 2 acres or more,including alleys, streets,or other rights-of-way.
This requirement does not apply to Public-Semipublic use classifications in commercial districts.
Public-semipublic use classifications on sites of less than 2 acres shall be subject to the provisions of
the base and overlay districts in which they are located.
214.06 PS District: Land Use Controls
In the following schedule, letter designations are used as follows:
"P" designates use classifications permitted in PS districts.
"L" designates use classifications subject to certain limitations prescribed by the "Additional
Provisions" which follow.
"PC" designates use classifications permitted on approval of a conditional use permit by the
Planning Commission.
"TU" designates use classifications allowed on approval of a temporary use permit.
ord/04zoningchap 214/9/13/04 I EX H 1 E•T El- . I
Ordinance No. 3673
"P/U" for an accessory use mean that the use is permitted on the site of a permitted use but
requires a conditional use permit on the site of a conditional use.
Use classifications that are not listed are prohibited_ Letters in parentheses in the "Additional
Provisions" column refer to provisions following the schedule or located elsewhere in the zoning
ordinance. Where letters in parentheses are opposite a use classification heading,referenced
provisions shall apply to all use classifications under the heading.
Huntington Beach Zoning and Subdivision Ordinance
PS DISTRICT: P = Permitted
LAND USE CONTROLS L = Limited(see Additional Provisions)
PC = Conditional use permit approved by Planning Commission
TU = Temporary Use Permit
P/U = Requires conditional use permit on site of a conditional use
Additional
PS Provisions
Public and Semipublic
Cemetery PC
Cultural Institutions PC
Day Care, General PC
Government Offices L-1
Hospitals PC
Maintenance& Service Facilities L-1
Park& Recreation Facilities PC
Public Safety Facilities PC
Religious Assembly ZA
Residential Care,General PC
Schools, Public or Private PC
Utilities, Major PC
Utilities,Minor P
Commercial Uses
Commercial Parking Facility L-3
Communication Facilities L-4
Eating and Drinking Establishments L-2
Vehicle/Equipment Sales and Services L-1
Accessory Uses
Accessory Uses and Structures P/U
Temporary Uses (A)
Animal Shows TU
Circuses and Carnivals TU
Commercial Filming,Limited TU
Trade Fairs P
Nonconforming Uses (13)
ord/04zoningchap 214/415/04 2 �" AIT C
Ordinance No. 3673
PS District: Additional Provisions
L-1 City-owned facilities are permitted; all other facilities require a conditional use permit from
the Zoning Administrator.
L-2 Permitted as an accessory use in a cultural, educational,hospital,or medical institution
occupying no more than 5,000 square feet,only if there is no separate entrance or sign.
L-3 Public parking permitted,but commercial parking facilities on City-owned Iand require a
conditional use permit from the Zoning Administrator.
L4 Only wireless communication facilities permitted subject to Section 230.96 Wireless
Communication Facilities. (35s8-9/o2)
(A) See Section 241.20: Temporary Use Permits.
(B) See Chapter 236:Nonconforming Uses and Structures.
214.08 PS District: Development Standards
The following schedule prescribes development standards for the PS district. The first column
prescribes basic requirements for permitted and conditional uses in the district. Letters in
parentheses in the "Additional Requirements" column refer to standards following the schedule or
located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined
in Chapter 203,the floor area ratio is calculated on the basis of net site area. Fractional numbers
shall be rounded down to the nearest whole number. All required setbacks shall be measured from
ultimate right-of-way and in accordance with definitions set forth in Chapter 203 Definitions.
(Rest of page not used)
ord/04zoningchap 214/4/5/04 3
Ordinance No. 3673
PS DISTRICT
DEVELOPMENT STANDARDS
PS Additional Requirements
Nonresidential Development (A)
Minimum Lot Area 2 ac
Minimum Lot Width(ft.) 100
Minimum Setbacks
Front(ft.) 10 (B)(C)(M)
Side(ft.) 0 (D)
Street Side(ft.) 10 (C)
Rear(ft.) 0 (D)
Maximum Height of Structures(ft.) 50 (D)(E)(N)
Maximum Floor Area Ratio (FAR) 1.5
Minimum Site Landscaping(%) 8 (F)(G)
Building Design Standards ON)
Fences and Walls (H)(I)
Off-Street Parking/Loading (J)
Outdoor Facilities See Section 230.74 (K)
Screening of Mechanical Equipment See Section 230.76 (K)
Refuse Storage Areas See Section 230.78
Underground Utilities See Chapter 17.64
Performance Standards See Section 230.82
Nonconforming Structures See Chapter 236
Signs See Chapter 233
PS District: Additional Development Standards
(A) See Section 230.62: Building Site Required.
(B) See Section 230.68: Building Projections into Yards and Required Open Space. Double-
frontage lots shall provide front yards on each frontage.
(C) A minimum 50-foot setback is required along Beach Boulevard,Edinger Avenue, and Pacific
Coast Highway or 25 foot setback with the setback area entirely landscaped.
(D) Along a side or rear property line abutting an R district, a 10-foot setback is required,and
structures within 45 feet of the district boundary shall not exceed 18 feet in height.
(E) See Section 230.70: Measurement of Height and Section 230.72: Exceptions to Height
Limits.
(F) Planting Areas:
(1) Required side and rear yards shall be planting areas or shall be enclosed by a solid
concrete or masonry wall at least 6 feet in height.
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Ordinance No. 3673
(2) A I0-foot wide landscaped strip shall be provided along all street frontages,except for
necessary driveways and walks.
(G) See Chapter 232: Landscape Improvements.
(H) See Section 230.88: Fencing and Yards.
(I) A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of an existing
ground-floor residential use. However, where the portion of the site within 10 feet of the
front property line is occupied by planting area or by a building having no openings except
openings opposite a street property line,the Director may grant an exception to this
requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in
height.
Q) See Chapter 231: Off-Street Parking and Loading.
(K) See Section 230.44 Recycling Operations and Section 230.80: Antennae
(L) A front or street side wall surface shall be no longer than 100 feet without a break,a recess or
offset measuring at least 20 feet in depth and one-quarter of the building length,or a series of
offsets,projections or recesses, at intervals of not more than 40 feet that vary the depth of the
building wall by a minimum of 4 feet. The Director may grant exceptions or allow these
standards to be modified for exceptional or unique structures subject to Design Review,
Chapter 244.
(M) On frontages adjacent to major or primary arterials at least 40 percent of a building surface
may be located at the minimum setback line if additional landscaping is provided on the site.
(N) In the coastal zone, the maximum allowable height of structures shall be reduced as necessary
to retain compatibility with the established physical scale of the area and to preserve and
enhance public visual resources.
214.10 Review of Plans
All applications for new construction and exterior alterations and additions shall be submitted to the
Community Development Department for review. Discretionary review shall be required for
projects requiring conditional use permits. Design Review shall be required for all projects except
temporary uses. A Coastal Development Permit is required for projects in the Coastal Zone unless
the project is exempt(see Chapter 245).
SECTION 2. This ordinance shall become effective 30 days after its adoption.
REST OF PAGE NOT USED
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Ordinance No.3673
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 15TH day of NOVEMBER , 2004_
M
ATTEST: APPROVED AS TO FORM:
City Clerk City A orney
REVIEWED AND APPROVED: INITIA ED AND APPROVED:
City dministrator Director of Planning
ord/04zoningchap 214/8/30/04 6
EXHIBIT E. �
•
t
Ord. No. 3673
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 Clerk of the City Council of said City,do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a rep_ular
meeting thereof held on the 1st day of November, 2004, and was again read to said City
Council at a re ular meeting thereof held on the 15th day of November,2004, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council_
AYES: Sullivan,Coerper,Hardy, Green, Boardman, Cook, Winchell
NOES: None
ABSENT: None r_ ,going inemment is a cpFred
copy o'the woW on in this .
ABSTAIN: None
Attet - .-b. 20a�
0 err( L• Nqwj
City Clerk and c-off cio Clerk of the City
Coup-Iii of the City of Huntington Butt,
California.
I.Joan L.Flynn,CITY CLERK of the City of Huntington /� 1
-/ D 's<,
Beach and ex-officio Clerk of the City Council,do hereby p �/
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on November 25,2004.
In accordance with the City Charter of said City
Joan L•F_ 1 ty�in,City Clerk ty Clerk and ex-offici Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 3675
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 222 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE ENTITLED
FP FLOODPLAIN OVERLAY DISTRICT
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 222 of the Huntington Beach Zoning and Subdivision Ordinance
is hereby amended to read as follows:
ha �er 222P
Sections:
222.02 Floodplain Overlay District Established
222.04 Zoning Map Designator; Establishment of Hazard Areas
222.06 Definitions
222.08 Methods of Reducing Flood Hazards
222.10 General Provisions
222.12 Land Use Controls
222.14 Development Standards and Standards of Construction
222.16 Variances/Appeals
222.02 Floodplain Overlay District Established
The FP Floodplain Overlay District is established and applies to all areas of special flood
Hazard within the City. If not controlled,periodic inundation results in loss of life and
property, health and safety hazards, disruption of commerce and government services,
extraordinary public expenditures for flood protection and relief,and impairment of the tax
base, all of which adversely affect the public health, safety and general welfare. These
flood Iosses are caused by the cumulative effect of obstructions in areas of special flood
hazard which increase flood heights and velocities, and when inadequately anchored,
damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise
protected from flood damage also contribute to the flood loss.
222.04 Zoning Map Designators; Establishment of Hazard Areas
A. The areas of special flood hazard identified by the Federal Emergency Management
Agency(FEMA) in the Flood Insurance Study for the City of Huntington Beach
dated August 16, 1982 and delineated on the Flood Insurance Rate Map(FIRM)
dated February 16, 1983 (revised September 16, 1989) and the Orange County,
County-wide FIRM dated November 3, 1993 and all subsequent revisions and/or
ord/04zoning/chap 22218/23/04 1
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Ordinance No.3675
amendments are hereby adopted by reference and declared to be a part of this
chapter. FEMA's most recent FIRM and flood insurance study(on file with the
Director)may be supplemented by studies for other areas which allow
implementation of this chapter and which are recommended to the City Council by
the Director-
B. Three subdistricts of the FP Overlay District are designated for purposes of flood
hazard provisions.
1. -FP 1 Subdistrict shall apply to that area designated as a floodway or
right-of-way necessary for implementation of the Santa Ana River Channel Plan
by the U.S.Army Corps of Engineers.
2. -FP2 Subdistrict shall apply to FIRM areas A,AE, AO, and AH and any other
area determined by the Director to be subject to similar flood hazards.
3. -FP3 Subdistrict shall apply to FIRM areas V or VE and any other area
determined by the Director to be subject to similar flood hazard.
C. The-FP District boundaries shall be delineated on the Zoning Map by adding a
"-FP" designator to the base district designator for the area affected, followed by the
appropriate subdistrict designation(1,2,or 3).
222.06 Definitions
Except where the context clearly indicates otherwise,the definitions given in this section
shall govern the provisions of this chapter.
A. AMal. A request for review of the Director's interpretation of any provision of this
chapter, or a request for a variance.
B. Area of shallow flooding. A designated AO or AH zone on the Flood Insurance
Rate Map(FIRM)prepared by the Federal Emergency Management Agency
(FEMA). The base flood depths range from one to three feet; a clearly-defined
channel does not exist;the path of flooding is unpredictable and indeterminate; and
velocity flow may be evident.
C. Area of special flood hazard. The land in the floodplain within a community
subject to a I percent or greater chance of flooding in any given year. This area is
designated as Zone A,AO,AH, AE, V, and VE on the FIRM.
D. Base flood. A flood having a 1 percent chance of being equaled or exceeded in any
given year(also called the 100-year flood).
E. Basement. Any area of a building having its floor subgrade on all sides.
ord/04zoning/chap 222/8/23/04 2
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Ordinance No.3675
F. Breakaway wall. Any type of wall,whether solid or lattice,and whether
constructed of concrete,masonry, wood,metal,plastic,or any other suitable
building material which is not part of the structural support of the building and
which is designed to break away under abnormally high tides or wave action
without damage to the structural integrity of the building on which it is used or
any building to which it might be carried by flood waters. A breakaway wall shall
have a safe design loading resistance of not less than 10 and no more than 20
pounds per square foot. Use of breakaway walls must be certified by a
California-registered engineer or architect and shall meet the following
conditions:
1. Breakaway wall collapse shall result from a water load less than that which
would occur during the base flood; and
2. The elevated portion of the building shall not incur any structural damage due to
the effects of wind and water loads acting simultaneously in the event of a base
flood.
G. Coastal high hazard area. The area subject to high velocity waters including,but
not limited to,coastal and tidal inundation or tsunamis. The area is designated on a
FIRM as Zone V and VE and as-FP3 in this Chapter-
H. DeveIopment. Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures,mining, dredging, filling,
grading,paving,excavating, or drilling operations.
1. Existing manufactured home park or subdivision.A manufactured home park or
subdivision for which the construction of facilities including utilities, final grading
or paving of pads and the construction of streets was completed before the effective
date of the City's floodplain management regulation.
J. Expansion to an existing manufactured home park or subdivision. The preparation
of additional manufactured home sites in an existing manufactured home park or
subdivision beyond those that had been completed prior to the effective date of the
provisions in this chapter.
K. Flood or flooding. A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland or tidal waters;
the unusual and rapid accumulation of runoff of surface waters from any source;
mudslides; and condition resulting from flood-related erosion-
L. Flood Insurance Rate Map (FIRM)and Flood Boundary and Floodway Map. The
official maps on which areas of special flood hazard,the risk premium zones and
the floodway applicable to the community are delineated.
M. Flood Insurance Study. The "Flood Insurance Study for the City of Huntington
Beach,"prepared by the Federal Insurance Administration(FIA),providing flood
ord/04zoning/chap 222/8/23/04 3
Ordinance No. 3675
profiles, the Flood Insurance Rate Maps,the Flood Boundary and Floodway Maps
and the water surface elevations of the base flood.
N. Floodpplain. Any land area susceptible to being inundated by water from any source.
O. Floodplain management. The operation of an overall program of corrective and
preventive measures for reducing flood damage,including but not limited to
emergency preparedness plans,flood control works,and floodplain management
control.
P. F000dplain management regulations. Zoning and subdivision ordinances,building
codes,health regulations,special purpose ordinances(such as floodplain,grading
and erosion control)and other applications of police power. This term describes
federal, state or local regulations in any combination thereof which provide
standards for the purpose of preventing and reducing flood damage and loss.
Q. F1oodproofing. Any combination of structural and nonstructural additions, changes
or adjustments to nonresidential structures which reduce or eliminate flood damage
to real estate or improved real property, water,and sanitary facilities, structures, and
their contents.
R. Floodway. The channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than I foot.
S_ Functionally dependent use. A use which cannot perform its intended purposes
unless it is located or carried out in close proximity to water. The term includes
only docking facilities,port facilities that are necessary for the loading and
unloading of cargo or passengers,and ship building and ship repair facilities, but
does not include long-term storage or related manufacturing facilities.
T. Highest� adjacent grad e. The highest natural elevation of the ground surface next to
the proposed walls of a structure prior to construction.
U. Lowest Floor_ The lowest floor of the lowest enclosed area(including basement)_
An unfinished or flood-resistant enclosure,usable solely for the parking of vehicles,
building access or storage in an area other than a basement area,is not considered a
building's lowest floor provided that such enclosure is not built so as to render the
structure in violation of the applicable non-elevation design requirements of this
chapter.
V. Mean Sea Level. The National Geodetic Vertical Datum of 1929 or other datum, to
which base flood elevations shown on the FIRM are referenced.
W. New construction. Structures for which the "start of construction" commenced on
or after the effective date of the City's floodplain management control (February 16,
1983).
ord/04zoning/chap 222/8/23/04 4 1
Ordinance No.3675
X- Sand dunes. Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
Y. Start of construction. The date the building permit was issued,provided the actual
start of construction,repair,reconstruction,placement, or other improvement was
within 180 days of the permit date. The actual start means either the first placement
of permanent construction of a structure on a site, such as the pouring of slab or
footings,the installation of piles,the construction of columns,or any work beyond
the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation such as clearing,grading,
and filling; or does it include the installation of streets and/or walkways; or does it
include excavation for a basement,footings,piers,or foundations of the erection of
temporary forms; or does it include the installation on the property of accessory
buildings,such as garages or sheds not occupied as dwelling units or not part of the
main structure.
Z. Substantial damage. Damage of any origin sustained by a structure whereby the
cost of restoring the structure to the condition existing before damage would equal
or exceed 50 percent of the market value before the damage occurred.
AA.Substantial improvement. Any repair,reconstruction,or improvement of a
structure,the cost of which equals or exceeds 50 percent of the market value of the
structure before such repair,reconstruction,or improvement.This term includes
structures which have incurred"substantial damage,"regardless of the actual repair
work performed. This term does not,however,include- (3265-7/95,3334-/97)
1. Any improvement to a structure to comply with existing state or local health,
sanitary, or safety code specifications which are solely necessary to ensure safe
living conditions; or
2. Any alteration of a structure listed on the National Register of Historic Places or
a State Inventory of Historic Places that will not preclude the structure's
continued designation. (3265-7/95,3334-6/97)
"Market value" of a structure,as used herein,shall be the replacement cost as
determined by its replacement value according to the valuation figures in use by
the Director prior to such repair, reconstruction,or improvement. In the
alternative,the applicant may submit a report by a qualified real estate appraiser
which indicates the"replacement cost"of the structure. (3265-7M,3334-6/97)
"Cost" for a repair,reconstruction,or improvement project, as used herein, shall
be determined by valuation figures in use by the Director.
BB. Variance: A grant of relief from the requirements of this chapter which permits
construction in a manner which would otherwise be prohibited. (3265-7/95.333"/97)
ord/04zoning/chap 222/g/23/04 5
F N IBITT . 5
Ordinance.No.3675
222.08 Methods of Reducing Flood Hazards
Methods and provisions for reducing flood hazard include:
A. Restricting or prohibiting uses which are dangerous to health, safety,and property
due to water or erosion hazards, or which result in damaging increases in erosion or
flood heights or velocities;
B. Requiring that uses and structures vulnerable to floods be protected against flood
damage at the time of initial construction;
C. Controlling the alteration of natural floodplain,stream channels, and natural
protective barriers,which help accommodate or channel flood waters;
D. Controlling filling, grading,dredging,and other development which may increase
flood damage;
E. Preventing or regulating the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards in other areas; and
F. Any methods and provisions for reducing flood hazard within the coastal zone shall
be consistent with the Coastal Conservation District.
222.10 General Provisions
A_ Compliance. No structure or land shall hereafter be constructed, located,extended,
converted,or altered without full compliance with the terms of this chapter and
other applicable provisions. This chapter is not intended to repeal, abrogate,or
impair any existing easements,covenants,or deed restrictions. However,where this
chapter or another chapter,easement,covenant, or deed restriction conflict or
overlap,whichever imposes the more stringent restrictions shall prevail_
B_ Warning and Disclaimer of Liability. The degree of flood protection required by
this chapter is considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. As a consequence, floods can and will
occur on rare occasions. Flood heights may be increased by man-made or natural
causes. This chapter does not imply that land outside the areas of special flood
hazard or uses permitted within such areas will be free from flooding or flood
damage. This chapter shall not create liability on the part of the incidental parcels
which do not front a sandy beach, which have bulkheads and are not adjacent to
recreation or public use areas and other existing or proposed lateral or vertical
easements, or when development is proposed on an existing subdivided
single-family residential lot between developed residential parcels.
C_ Director--Responsibilities. The duties and responsibilities of the Director in
enforcing the provisions of this chapter shall include,but not be limited to:
ord/04zoning/chap 222/8/23/04 6
Ordinance No. 3675
1. Reviewing building permits to determine that the permit requirements of this
chapter have been satisfied, that all other required state and federal permits have
been obtained, and that the site is reasonably safe from flooding.
2. Reviewing building permits to determine that the proposed development, when
considered with all other existing and anticipated development,will not increase
the water surface elevation of the base flood more than I foot at any point.
3. Making interpretations where needed as to the exact Iocation of the boundaries
of areas of special flood hazard.
4. Obtaining and maintaining for public inspection flood insurance policy
information concerning the certified elevation for residential developments and
subdivisions, and the certification required for floor elevations, for
developments located in areas where shallow flooding is likely to occur; for
floodproofing of nonresidential developments; for coastal high hazard areas;for
anchoring of manufactured homes; and for floodway encroachments.
5. Notifying adjacent communities and responsible staff and federal agencies prior
to any alteration or relocation of a watercourse. The Director shall further
ensure that the flood-carrying capacity is maintained for any watercourse, or
portion thereof,which has been altered or relocated.
6. Taking action to remedy violations of this chapter as provided in Chapter 249.
D. Building Permit Review. Application for building permit shall include_
1. Proposed elevations in relation to mean sea level,of the lowest floor of all
structures; in-FP2,elevation of highest adjacent grade and proposed elevation
of lowest floor of all structures;
2. Proposed elevations in relation to mean sea level and the FIRM design flood to
which any structure will be floodproofed; and
3. A description of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
4. All appropriate certifications required in Section222.14.
222.12 Land Use Controls
A. -FPI Subdistrict
1. Permitted Uses
a. Flood control channels, levees,spreading grounds and basins, roads,bridges
and storm drains.
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Ordinance No.3675
b. Agricultural uses which require no permanent structures, landfill, storage of
materials or equipment,or stream alteration that would result in any increase
in flood levels within the regulatory floodway.
2. Uses Requiring a Conditional Use Permit from the Zoning Administrator
a. Minor Utilities.
b. Temporary structures which can be readily removed in the time available
after flood warning.
c. Recreation areas,parks,campgrounds,playgrounds,riding and hiking trails,
parking lots, wildlife and natural preserves, and similar open space uses that
do not have substantial permanent structures.
3. Uses Requiring a Conditional Use Permit from the Planning Commission
a. Major utilities.
4. Prohibited Uses
a. Landfills, excavations, improvements, developments, or encroachments that
will obstruct waterflow,cause any cumulative increase in the elevation of
the design flood water profile by more than one(1) foot at any point,tend to
broaden direct flood flows out of the floodway,impair the design flood
conveyance capability of the floodway, or otherwise create a potential
hazard to life or property resulting from flood flows.
b. All encroachments, including fill, new construction, substantial
improvements,and other development unless a California-registered civil
engineer demonstrates to the satisfaction of the Director that such
encroachments will not result in any increase in flood levels within the
floodway.
c. Permanent structures.
d. Storage of substances or materials capable of floating which could add to the
debris load of a flood.
e. Storage of chemicals,explosives,flammable liquids,toxic materials,or
anything of a nature which could create a potential danger to the public
health and welfare.
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Ordinance No. 3675
B. -FP2 Subdistrict
I. Permitted Uses
a. Excavation and removal of rock, sand gravel, and other materials,providing
that the flood-carrying capacity of the watercourse is preserved and the
excavation area is designed to receive and release floodwaters, and such
excavations will not create a potential hazard to adjacent properties resulting
from flood or erosion conditions.
b. Landfills that do not cause floodwaters to be diverted onto adjacent
properties, are protected against erosion from floodwaters, and do not
increase the elevation of the design flood by more than one(1)foot at any
point,or that can fully provide for the design flood by means of watercourse
improvements.
c. New structures and improvements permitted by the base district or allowed
with a conditional use permit including manufactured homes,which comply
with the applicable standards of construction of this chapter.
2. Prohibited Uses
a. Landfills, excavations,improvements,developments,or encroachments that
will obstruct waterflow,cause a cumulative increase in the elevation of the
design floodwater profile by more than I foot at any point, tend to broaden
or direct flood flows out of the natural floodplain, or otherwise cause a
potential hazard to life or property resulting from flood flows.
C. -FP3 Subdistrict
All uses permitted or conditionally permitted in the base district with which the
-FP3 district is combined are permitted subject to approval of a building permit and
compliance with the standards of construction of this chapter,except for the
following uses which are prohibited:
1. The placement of manufactured homes except in existing parks or subdivisions.
2. Man-made alteration of sand dunes which would increase potential flood
damage.
3. Fill used for structural support of buildings.
222.14 Development Standards and Standards of Construction
Development standards for the-FP Overlay District shall be specified by a conditional use
permit or shall be those of the base district with which the -FP district is combined,
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Ordinance No.3675
provided that the following standards of construction shall apply in the -FP2 and-FP3
subdistricts.
A. -FP2 Standards of Construction.
1. Anchoring. All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of
buoyancy. All manufactured homes shall comply with the anchoring standards
of Section 222.14A5.
2. Construction Materials and Methods.All new construction and substantial
improvements shall use construction methods and practices that minimize flood
damage,and shall utilize materials and utility equipment resistant to flood
damage.Adequate drainage paths around structures on slopes shall be provided
to guide flood waters around and away from proposed structures.
3. Elevation and Floodproof ng.
a. New residential construction and substantial improvement of any residential
structure shall have the lowest floor including basement elevated one foot
above the base flood elevation except:
1. In an AO zone the lowest floor including basement shall be elevated one
foot above the highest adjacent grade to a height exceeding the depth
number on the FIRM by one foot or at least three(3) feet if no depth
number is specified, and
2. In an A zone,the lowest floor including basement shall be elevated one foot
above the base flood elevation as determined by the City. (3285-7/95.3334-W97)
Upon completion of the structure,the elevation of the lowest floor including
basement shall be certified by a California-registered architect,engineer, or
surveyor. The elevation certificate shall be submitted to the Director.
b. Nonresidential construction shall be either elevated to comply with subsection 3a
or together with attendant utility and sanitary facilities be floodproofed below the.
level stated in subsection 3a so that the structure is watertight with wails
substantially impermeable to the passage of water and be capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. A floodproofing
certificate shall be completed and certified by a California registered engineer or
architect and submitted to the Director.
c. Space Below the Lowest Floor. All new construction and substantial
improvement with fully enclosed areas below the lowest floor(excluding
basements)that are usable solely for parking of vehicles, building access or
storage, and which are subject to flooding,shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry and
ord/04zoning/chap 222/&23/04 10
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Ordinance No.3675
exit of floodwater. All proposals for using space below the lowest floor shall
exceed the following requirements:
(1) Be certified by a California registered engineer or architect;or
(2) Be certified to comply with a local floodproofing standard approved by the
Federal Insurance Administration,Federal Emergency Management Agency,
or
(3) Have a minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall be
provided. The bottom of all openings shall be no higher than one foot above
grade. Openings may be equipped with screens, louvers,valves or other
coverings or devices provided they permit the automatic entry and exit of
floodwaters.
d. All preliminary development proposals shall identify the flood hazard area,the
elevation of the base flood, and be consistent with the need to minimize flood
damage. All developments shall provide adequate drainage to reduce exposure to
flood hazards.
e. All final subdivision plans shall provide the elevation of proposed structures
and pads. The lowest floor and pads shall be certified by a California
registered engineer or surveyor and submitted to the Director.
4. Standards for Utilities and Mechanical Equipment.
a. All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood waters into the
system and discharge from systems into flood waters.
b. On-site waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
c. All new construction and substantial improvements shall be constructed
with electrical,heating, ventilation,plumbing and air conditioning
equipment and other service facilities designed and/or located so as to
prevent water from entering or accumulating within the components during
conditions of flooding.
d. All subdivision proposals shall have public utilities and facilities such as
sewer, gas,electrical and water systems located and constructed in a
floodproof manner.
5. Standards for Manufactured Homes.
a. All new and replacement manufactured homes and substantial improvements to
manufactured homes on sites located
ord/04zoning/chap 222/823/04 11
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Ordinance No.3675
1. outside of a manufactured home park or subdivision,
2. in a new manufactured home park or subdivision,
3. in an expansion to an existing manufactured home park or subdivision,or
4. in an existing manufactured home park or subdivision on a site upon which
a manufactured home has incurred substantial damage as a result of a flood
shall be elevated on a permanent foundation so that the lowest floor is elevated
one foot above the base flood elevation.
b. All manufactured homes to be placed or substantially improved in an existing
manufactured home park or subdivision shall be elevated to have the lowest
floor one foot above the base flood elevation or the manufactured home chassis
supported by reinforced piers or other foundation elements of equivalent
strength that are a minimum of 3 feet above grade. Where a site upon which a
manufactured home has incurred substantial damage as the result of a flood,
subsection 5a shall apply.
c. All manufactured homes shall be securely anchored to an adequately anchored
foundation system to resist flotation,collapse,and lateral movement.
B. -FP3 Standards of Construction
1. Location of Buildinp_s
a. All new construction shall be located on the landward side of the reach of
the mean high tide.
2. Construction Methods:
a. Elevation. All new construction and substantial improvement shall have the
lowest floor free of obstructions or constructed with breakaway walls as
defined in Section 222.06. Such enclosed space shall not be used for human
habitation but may be used for parking, building access or storage.(3285-7195,
333"/97)
b. Structural Support. All new construction and substantial improvements
shall be elevated on adequately anchored pilings or columns so that the
bottom of the lowest horizontal portion of the structural member of the
lowest floor(excluding the pilings or columns)is elevated at or above the
base flood level.The pile or column foundation and structure attached
thereto is anchored to resist flotation,collapse, and lateral movement due to
the effects of wind and water loads acting simultaneously on all building
components. Water loading values used shall be those associated with the
ord/04zoningkhap 222/8/23/04 12
Ordinance No.3675
base flood. Wind loading values used shall comply with standards adopted
by the City.
3. Certification. A California-registered engineer or architect shall certify to the
satisfaction of the Director that the proposed structure complies with the
requirements of this section. The Director shall obtain and maintain records
of the elevation (in relation to mean sea level)of the bottom of the lowest
structural member of the lowest floor(excluding pilings or columns)of all
new and substantially improved structures, and whether such structures
contain a basement.
C. Standards for Recreational Vehicles. All recreational vehicles placed on a site
within a flood hazard zone shall be fully licensed and ready for highway use,
restricted to a maximum stay on site of 180 days unless the elevation and anchoring
of the recreational vehicle complies with the Standards for Manufactured Homes.
All recreational vehicles placed in coastal high hazard areas(V and VE zones) shall
also comply with-FP3 standards for construction.
222.16 Variances/Appeals
A. General Provisions. The Planning Commission shall hear and decide requests for
variances from the standards of this chapter as well as requests for appeals when it
is alleged there is an error in any requirement,decision, or determination made by
the Director in the enforcement or administration of this chapter in accord with the
procedures established in Chapter 241 and 248.
1. Variances may be issued for new construction and substantial improvements on
a lot of one-half acre or less in size contiguous to and surrounded by lots with
existing structures constructed below base flood level,providing the standards
listed in this chapter are considered. As the lot size increases beyond one-half
acre,the technical justification required for issuing the variances increases.
2. Variances may be granted for new construction and substantial improvement
and for other development necessary for the conduct of a functionally dependent
use provided that the provisions of Chapter 222 are satisfied and that the
structure or other development is protected by methods that minimize flood
damage during the base flood and create no additional threats to public safety or
public nuisance.
3. Variances may be issued for the repair or rehabilitation of historic structures
which are listed on a local or state inventory,determined by the Secretary of the
Interior to be historic, or listed on the National Register of Historic Places
provided the proposed repair or rehabilitation is necessary to preserve the
historic character and design of the structure and allow the continued
designation as an historic structure.
ord/04zoning/chap 222/8/23/04 13
Ordinance No. 3675
4. Any applicant to whom a variance is granted shall be provided written notice
that the structure will be permitted to be built with a lowest floor elevation
below the regulatory flood elevation and that the cost of flood insurance will be
commensurate with the increased risk. A copy of the notice shall be recorded
by the Director in the office of the Orange County Recorder and shall be
recorded in a manner so that it appears in the chain of title of the affected
parcel of land.
B. Factors to be Considered. In reviewing applications, the Planning Commission
shall consider all relevant factors, including technical evaluations, this section, and
other standards specified in this chapter. In reaching a decision on an appeal or
variance,the Commission-shall consider the:
1. Danger that materials may be swept onto other lands to the injury of others;
2. Danger of life and property due to flooding or erosion damage;
3. Importance of the services provided to the community by the proposed facility;
4. Necessity of waterfront location for the facility, if applicable;
5. Availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
6. Compatibility of the proposed use with existing and anticipated developments;
7. ReIationship of the proposed use to the General Plan, Local Coastal Program,"
and the floodplain management program for that area;
8. Safety of access to the property in time of flood for ordinary and emergency
vehicles;
9. Expected heights,velocity, duration, rate of rise, and sediment transport of the
flood waters expected at the site;and
10. Cost of providing government services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer,
gas,electric and water services,and streets and bridges.
C. Findings. When granting a variance, the Planning Commission shall make the
following findings in addition to the findings contained in Chapter 241_
1. The project provides the minimum deviation to afford relief from the provisions
of Chapter 222.
ord/04zoning/chap 222/823/04 14
PuNiRiT �_ fy
Ordinance No.3675
2. The proposed project will not result in increased flood heights, additional threats
to public safety or extraordinary public expense;create a nuisance,cause fraud
or victimization of the public, or conflict with existing local laws or ordinances.
D. Authority to Impose Additional Conditions. In addition to the authority to impose
conditions under Section 241.14, the Planning Commission may attach conditions
to the granting of variances as deemed necessary.
E. Records. The Director shall maintain a record of all variance actions and findings
to justify their issuance,and report such variances to FEMA and FIA upon request.
(3285-7/95.333"/97)
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 1 5TH day of NOVEMBER - ,2004.
X'a
2
ATTEST:
APPROVED AS TO FORM:
City Clerk
City�Atflbmey
REVIEWED AND APPROVED: INITIA D AND APPROVED:
City&dministrator Director of Planning
ord/04zoning/chap 222/8/23/04 15
uN � iT f 15
Ord.No.3675
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 Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 1st day of November,2004,and was again read to said City
Council at a regular meeting thereof held on the 15th day of November,2004,and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Sullivan,Coerper, Hardy, Green,Boardman,Cook, Winchell
NOES: None
The foregoing instrument is a c:orred
ABSENT: None copy of the original on file inr_this
+�o�fffice.
Attest . Y�iY1 1�D. 200_
ABSTAIN: None (lit L• f hap,
City Clerk and -officio Clerk bf the City
Council of the City of Huntington Beach,
California
�"JA
By
I,Joan L Flynn,CITY CLERK of the City of Huntington ®epL
ty
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been 1
published in the Huntington Beach Fountain Valley
Independent on November 25,2004.
In accordance with the City Charter of said City I Ak-.O-f
!pan L.FI n Ci Clerk e Clerk and ex-offici Jerk
Deputy City Clerk of the City Council of the City
of Huntington Beach,California
F
ORDINANCE NO. 16 7 7
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 231 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE ENTITLED
OFF-STREET PARKING AND LOADING PROVISIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 231 of the Huntington Beach Zoning and Subdivision Ordinance
is hereby amended to read as follows:
..
Cha " r �r anc L' oacn� ic
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 Parking for Certain Uses
231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area
231.12 Parking Spaces for the Handicapped
231.14 Parking Space Dimensions
231.16 Application of Dimensional Requirements
231.18 Design Standards
231.20 Compact Parking
231.22 Driveways;Visibility
231.24 Landscape Improvements
231.26 Parking Area Plan Required
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 in use
for purposes of this requirement unless the change in occupancy involves an
intensification of use or an increase in parking demand.
B. Nonconforming Parking or Loading. No existing use of land or structure shall be
deemed to be nonconforming solely because of the lack of off-street parking or loading
facilities required by this chapter,provided that facilities being used for off-street
parking and loading as of the date of adoption of this chapter shall not be reduced in
number to less than that required by this chapter. Expansion of a use with
nonconforming parking shall be subject to the following requirements:
ord/04zoning/chap 231/8/23/04 1
ElkH IT Cam_ 1
Ordinance No. 3677
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;
2. A single-family residence with nonconforming parking may be expanded by
adding bedrooms provided the dwelling complies with current standards
contained in this chapter; and
3. A nonresidential use with nonconforming parking may be expanded less than 50
percent of the existing square footage or intensified if additional parking is
provided for the expansion or intensification. Expansions of 50 percent or more
of the existing square footage require the site to be in total compliance with the
current parking standards contained in this chapter.
C. Spaces 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.
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.
E. Location and Ownership. Parking facilities required by this chapter shall be on the
same site as the use served,except that an adjacent Iot 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.
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.
(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.
(b) Commercial oversized vehicles(see Definitions Chapter 203) or special
purpose machines shall be prohibited in any yard area_
ord/04zoning/chap 231/8/23/04 2
Ordinance No.3677
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.
3. Access. When a lot abuts an arterial highway and a local street,access to on-site
parking shall be from the local street. When a lot abuts an alley,then access to
parking shall be provided from the alley unless the Planning Commission
approves a different access. When a lot abuts two arterial highways or two local
streets, access shall be subject to the approval of the Director of Public Works.
4. Non-residential Parking in R Districts. Non-residential parking serving adjacent
commercial or industrial uses shall not be located in any R zoned property.
F. Computation of Spaces Required. 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.
G. Other Requirements.
I_ 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.
2. Any motor vehicle incapable of movement by its own power and/or not licensed
to operate on California streets shall be stored either in an enclosed building or
entirely screened from view.
231.04 Off-Street 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-
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.
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.
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 Regulations as mandated by State Law and applicable to
parking requirements. (3526-2/02)
or&04zoning/chap 23119/23/04 3 DH (131T •6
Ordinance No. 3677
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A
Use Classification 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 I 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
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 I space per guest room plus
I space per owner/manager plus
I space per each 10 guest rooms
Residential Care, Limited 1 per 3 beds
Public and Semi-public
Clubs and Lodges I per 35 sq. ft. used for assembly purposes of 1
per 3 fixed seats(18 inches=one seat),
whichever is greater
'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.
or&04zoning1chap 231/8/23/04 4 t X l 1 b,,T c�; .q
Ordinance No. 3677
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)
Use Classification Off-Street Parking Spaces
Cultural Facilities I per 300 sq. ft_gross floor area
Day Care,General I per staff member plus one per classroom
Government Offices 1 per 250 sq. ft. gross floor area
Heliports As specified by use permit
Hospitals 1 per 1.5 beds
Maintenance and Service Facilities I 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 I per 35 sq. ft. of public assembly area, or I per 3
fixed seats(18 inches= 1 seat), whichever is
greater
Residential Care, General I per 3 beds;plus additional spaces, as specified
by conditional use permit
Schools,Public or Private
Preschools, nursery day care I per staff member,plus one per classroom
Elementary,junior high 1.5 per classroom
High school/college 7 per classroom
Trade schools, music I 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 I per 200 sq. ft.
Animal hospitals I per 200 sq. ft.
Animal, retail sales I per 200 sq. ft.
Artists' Studios I per 1,000 sq. ft.
Banks and Savings & Loans I per 200 sq. ft.
Drive-Up Service Queue space for 5 cars per teller
Building Materials and Services I per 1,000 sq. ft. of lot area; minimum 10 plus
1/300 sq. ft. office area
ord/04zoning/chap 231l8/23l04 5
Ex mwT G� .5
Ordinance No.3677
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)
Use Classification Off-Street Parking Spaces
Catering Services 1 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. except that area designated for
group instruction shall be parked at a ratio of 1
per 100 sq. ft.
Stables I per 3 corrals plus 1 horse trailer space for each
10 corrals plus 2 for caretaker's unit
Tennis/Racquetball 3 per court
Theaters I per 3 fixed seats,or I 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 Conunission
Communications Facilities I per 500 sq. ft.
Eating and Drinking Establishments
with less than 12 seats 1 per 200 sq. ft.
with more than 12 seats I per 60 sq. ft. or 1 per 100 sq. ft. when on a site
with 3 or more uses
with dancing Plus 1 per 50 sq. ft. of dancing area
with drive through service Plus queue space for 5 cars per service window
Food and Beverage Sales I 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 I per 500 sq. ft.
Maintenance and Repair Services 1 per 500 sq. ft.
Marine Sales and Services I per 500 sq. ft.
Nurseries 1 per 1,000 sq. ft. of indoor/outdoor sales and/or
display lot area accessible for public viewing,but no
less than 10;plus I per 300 sq. ft. office area
Offices, Business and Professional I 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 I per 175 sq. ft. (includes out-patient
medical/surgery centers)
ord/04zoning/chap 231/8/23/04 6
Ordinance No. 3677
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)
Use Classification Off-Street Parking Spaces
Pawn Shops 1 per 200 sq. ft.
Personal Enrichment Services I per 35 sq. ft. of instruction area; or Maximum
I per 200 sq.ft.provided the number of students per
classroom does not exceed required number of
parking spaces,plus instruction area does not exceed
75 percent of floor area.
Personal Services I per 200 sq. ft.
Research and Development Services I per 500 sq. ft.
Retail Sales Not Listed Under Another I per 200 sq. ft.
Use Classification
Sex Oriented Business
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
Encounter center I per 35 sq. ft.of instruction area
Escort bureau 1 per 250 sq. ft.
Hotel/Motel 1.1 per guest room;plus I 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
Mini-motion picture theater, 1 per 3 fixed seats, or 1 per 35 sq. ft. seating area if
motion picture theater or there are no fixed seats
motion picture arcade
Retail sales 1 per 200 sq. ft.
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
ord/04zoning/chap 231/8/23/04 7 r x, ` l'B I T 00
Ordinance No. 3677
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)
Use Classification Off-Street Parking Spaces
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 I 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 I per 200 sq.ft. but no less than 5
Vehicle/Equipment Sales I 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 I 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 I per guest room plus 1 guest and 1
manager/owner space
Hotels, Motels 1.1 per guest room;plus 1 per passenger transport
vehicle (minimum of 2 stalls)and 2 spaces for
any managers 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, I per 500 sq. ft.
packaging
ord/04zoninJchap 23119/23/04 8
EM U31Y G,-8
Ordinance No. 3677
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)
Use Classification Off-Street Parking Spaces
Wholesaling,warehousing and 1 per 1,000 sq. ft.
distributing space
Offices I 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.
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:
I. The maximum distance between the building or use and the nearest point of the
parking spaces or parking facility shall be 250 feet; and
2. There shall be no conflict in the operating hours based on parking space
requirements for the different uses on the parcel;and
3. Evidence of an agreement for such joint use shall be provided by proper legal
instrument, approved as to form by the City Attorney. The instrument shall be
recorded in the Office of the County Recorder and shall be filed with the City
prior to issuance of building permit and/or certificate of occupancy, whichever
occurs first.
231.08 Reduced Parking for Certain Uses
A. The Zoning Administrator 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
2. The proposed use of the building or structure,will not generate additional parking
demand;and
ord/04zoning/chap 231/8/23/04 9
Ordinance No.3677
3. A Transportation Demand Management plan which exceeds the minimum
required by Section 230.36 has been approved by the Director.
B. The Zoning Administrator 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.
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.
231.12 Parking Spaces for the Handicapped
New and existing parking facilities shall comply with the State Handicapped Regulations as
mandated in State law.
231.14 Parking Space Dimensions
Required parking spaces shall have the following minimum dimensions in feet. Striping
requirements are depicted in Diagram A. Directional signs and/or pavement markings shall
be provided in any facility in which one-way traffic is established.
Angle 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
450 9 19 15 20
600 9 19 20 20
900 9 19 26 26
Residential 9 19 25 25
Compact 8 17 subject to Section 231.20
'Minimum 24 feet when determined by Fire Department to be a fire lane.
ord/04zoningtchap 231/823/04 10
t,xNOT G .iO
Ordinance No.3677
300 ,450 & 60 o Parking:
19
V
900 Parking 241n. Exterior
Dimension
AL--\ -- ---
}: i
1
a 19 Ft. 18 1n. Interior
Dimension
t
Parallel Parking
9 ft.
8 ft. _i_ 19 ft. _1_ 19 ft. f 8 ft,I
0:UX"0RAWa31STRP.8M
STRIPING REQUIREMENTS
DIAGRAM A
orW04zonine1chap 23118/23/04 1 1
EXHIBIT C-Ul
Ordinance No.3677
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/columns may be permitted along the
side of each space only within three (3) feet of the head and foot of each stall.
B. Vertical Clearance. Vertical clearance for parking spaces shall be 7 feet,except that an
entrance may be 6.67 feet. When handicapped parking is provided,vertical clearance shall
comply with California Code of Regulations(Title 24,Part 2, Chapter 2-7I).
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.
C. Wheel Stops. All spaces shall have wheel stops 2.5 feet from a fence,wall,building or
walkway.
D. Parking Space Dimension Reduction. When a parking space abuts a landscape planter,
the front 2 feet of the required 19 foot length for a parking space may overhang the
planter as provided in Chapter 232.
231.18 Design Standards
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 al: 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.
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.
Commercial centers which have 200 parking spaces or more shall have at least one
main entrance designed as depicted in Diagram B.
ord/04zonine,/chap 231/8/23/04 12
Ordinance No. 3677
1 t
1 t
1 t 1W
t t
4 t 1
�--- 1 --
ti. 24 L 24ft
4ft.
G1 YWR+OMI-Mm
COMMERCIAL CENTER MAIN ENTRANCE
FOR PARKING LOTS WITH OVER 200 SPACES
DIAGRAM B
A minimum 3-foot-by-34bot-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.
2ft `
Wheel ,�\ I Maneuvering 19 ft.
stop area t
rr
`9 ft. '
L
i 26 ft. _) t
t
3 ft 3 ft.
12"Step off area G:1CMD"W01-RND.BNP
TURN-AROUND SPACE AND MANEUVERING AREA
DIAGRAM C
ord/04zoning/chap 23 t/8/23/04 13
I N ISIT 61 . I3
Ordinance No.3677
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.
D. Residential parking.
I. 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.
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.
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)
STREET
GA GE
---—-—- ---—-—-ALLEY-
Ll
DRIV WAY
STREET
STREET
G:IDIV9DRA1M231-TURN.BMP
TURNING RADIUS
DIAGRAM D
ord/04zoning/chap 231/8/23/04 14 _
Ordinance No. 3677
4. Driveway Width.
Length of Drive 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.
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.
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.
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:
1) Fire Department approval for location and emergency entry. (352&2/02)
2) Postmaster approval of location for mail boxes or entry for postal carrier.
3) Shall provide a driveway within a minimum of twenty(20)feet for vehicle
stacking.
9. Drivewaypace. 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.
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.
11. Accessory Dwelling. 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.
E. Non-residential Parking and Loading.
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.
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 Zoning Administrator. 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:
ord/04zoningtchap 231/8/23104 15
EXH 1131T C-1. 15
Ordinance No.3677
1) Fire Department approval for location and emergency entry.
2) Postmaster approval of location for mail boxes or entry for postal carrier.
3) Shall provide a driveway with a minimum of twenty(20)feet for vehicle
stacking.
3. Minimum Driveway Width. 25 feet when providing access to the rear of a
structure.
4. Reciprocal Access. Reciprocal ingress/egress access with adjacent properties
shall be provided for all commercial properties.
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.
6. Loading Design. Any loading facility shall be designed and located so that
vehicles need not extend onto the public sidewalks, streets or alleys during
loading activities.
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 Iine shall
be provided.
F. Seasonal and Temporary Parking Lots. Seasonal and temporary parking lots may be
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:
1. Paving shall be 2 inches of asphalt over compacted native soil,or as approved by
the Department; except seasonal parking lots shall be surfaced to meet minimum
specifications for support of vehicles and to provide dust control as required by
the Zoning Administrator.
2. Boundaries of such lots shall be marked off and secured by chain or cable,with
posts a minimum of 3 feet in height, solidly built. At a minimum,posts shall
consist of 4" x 4"wood or equivalent metal posts a minimum of 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.
3. Temporary parking lots shall have landscaped planters with an inside dimension
of 3 feet along street-side property lines excluding driveways. Landscaping shall
be protected from vehicle and pedestrian damage by wheel bumpers(asphalt,
concrete, or wood),or asphalt or concrete curbs,or any other design that will
provide adequate protection.
4. Seasonal parking lots are exempt from landscaping requirements of Chapter 232.
ord/04zoning/chap 23119/23/04 16
Ems,l 1. 1
Ordinance No. 3677
5. Directional and informational signs shall be displayed on-site to identify the
entrances),fees,and hours of operation. Such signs shall be located at the
entrance of the parking lot and shall not exceed 12 square feet and shall be 6 feet
high. Signs for seasonal parking lots shall be removed from the site each season
no later than the third weekend in September.
6. Automatic entry devices or fee collection points shall be set back a minimum of
20 feet from the public right-of-way, or at a distance recommended by the
Department of Public Works and approved by the Director.
7. An attendant shall be on duty at all times during business hours of seasonal
parking lots.
8. An approved fire extinguisher shall be provided on the premises during business
hours.
9. The site shall be maintained in a clean condition, free from trash and debris.
Trash containers shall be placed on the site to accommodate and store all trash
that accumulates on the lot.
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_
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.
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:
i. Transition ramps which are also used as back-up space for parking stalls shall
have a maximum slope of 5 percent. The maximum slope for transition ramps
with no adjacent parking spaces shall be 10 percent. A ramp used for ingress and
egress to a public street shall have a transition section at least 16 feet long and a
maximum slope of 5 percent.
2. Parking structures with over 300 spaces shall provide secondary circulation ramps
and additional ingress and egress if deemed necessary by a traffic study prepared
by a state-registered traffic engineer.
3. Parking structures shall be provided with a minimum 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.
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
ord/04zoningJchap 23118/23/04 17 `l U �'�f
Ordinance No. 3677
following factors in reviewing a proposal: bulk, scale,proportion,building
materials,colors,signage,architectural features, and landscaping.
5. All parking structures proposed for conversion to a fee parking arrangement shall
be subject to conditional use permit approval by the Planning Commission.
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.
231.20 Bicycle Parking
1.- Bicycle Parking Requirements:
A. Non residential developments shall provide one(1)bicycle stall for every twenty
(20)parking spaces. Racks shall be made available to both customers and
employees.
B_ Residential multiple family projects shall provide at a minimum one(1)bicycle
stall per four(4)units in a secured,enclosed and covered area. The Planning
Director shall approve location and provisions as set forth.
2. Design Standards:
A. Bicycle parking facility shall include provision for locking of bicycles,either in
lockers or in secure racks in which the bicycle frame and wheels may be locked by
the user. Bicycle spaces shall be conveniently located near the primary entrance
of structures or central location and shall be protected from automobile damage.
The Planning Director shall approve all the aforementioned criteria
231.22 Driveways; Visibility
Visibility of a driveway crossing a street or alley property line or of intersecting driveways
shall be consistent with the requirements of Section 230.88.
231.24 Landscape Improvements
Landscape,planting and irrigation plans shall be prepared consistent with the requirements of
Chapter 232.
231.26 Parking Area Plan Required
Prior to the construction,reconstruction,or restriping of an off-street parking area, a parking
area plan shall be submitted to the Director for the purpose of indicating compliance with the
provisions of this section. This plan shall include:
A. Location and description of fencing and architectural screen walls.
B. Location and placement of parking stalls, including bumpers,striping and circulation,
all dimensioned to permit comparison with approved parking standards.
C. Location and placement of lights provided to illuminate the parking area.
D. A drainage plan showing drainage to a public way in accordance with accepted standards
or practices.
E. A landscape,planting and irrigation plan prepared consistent with the requirements of
Chapter 232.
ord/04zoning/chap 231/11/10104 18
EX H I'SITT G-4 . l$
Ordinance No. 3677
F. Existing off-street parking areas that were approved at a reduced dimension(e.g.width,
length,aisle width)may be reconstructed and re-striped or only re-striped at their
previous reduced dimension.
G. When re-striping,parking stalls shall be as depicted in Section 231.14,Diagram A.
H. If a parking area is proposed to only be re-striped; no Iandscape, drainage, or lighting plan
is required-
Single-family dwellings on pre-existing lots are exempt from this requirement.
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.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 15TH day of NOVEMBER _ ,2004•
Ma o
ATTEST:
APPROVED AS TO FORM:
6r_C�ity C er
I NW7pww nn
City A orney 0yl
REVIEWED AND APPROVED: INITI D AND APPROVED:
City dministrator r Director of Planning
ord/04zoning/chap 231/8123/04 19
t- XN1RVT G.14
Ord. No. 3677
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 Clerk of the City Council of said City,do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven;that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 1 st day of November,2004,and was again read to said City
Council at a regular meeting thereof held on the 15th day of November,2004, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Sullivan, Coerper,Hardy, Green,Boardman, Cook, Winchell
NOES: None
The foregoing instrument is s correct
copy of the original on file ire this office.
ABSENT: None Attest 2061
City Clerk and Far-officio Clerk lot the City
ABSTAIN: None Council of the City of Huntington Beach,
California.
I,Joan L Flynn,CITY CLERK of the City of Huntington
Beach and ex-0fficio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on November 25,2004.
In accordance with the City Charter of said City
JoRn L.F1 n Cily Clerk y Clerk and ex-offici Jerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 3679
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 236 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE ENTITLED
NONCONFORMING USES AND STRUCTURES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 236 of the Huntington Beach Zoning and Subdivision Ordinance
is hereby amended to read as follows:
�s1�tC"s ��OIIGOI> > I>Ela WM
l�i'ti" _ Y
Sections:
236.02 General Provisions.
236.04 Destruction of a Nonconforming Structure or Use.
236.06 Alterations to a Nonconforming Structure or Use.
236.08 Sex Oriented Businesses.
236.02 General Provisions
A. A nonconforming structure or use shall not be enlarged, increased or intensified
except as provided in this chapter. If any such use ceases,the subsequent use of
such land, structure or building site shall be in conformance with the regulations
specified by this code-
B. A nonconforming use shall not be resumed, reestablished,or reopened after it has
been abandoned,discontinued or changed to a conforming use.
C. A nonconforming use shall be deemed to be discontinued or abandoned when
such use has ceased to operate or to exist for a period of six(6) months-
D. A nonconforming use which is not housed in any structure,but occupies a lot or
portion of a lot, shall not be enlarged or extended to any other portion of the lot or
any other lot not so occupied at the time the use became classified as
nonconforming.
E. A nonconforming use occupying either a conforming structure or nonconforming
structure or portion thereof shall not be extended to any portion of the structure
not so occupied at the time the use became nonconforming.
236.04 Destruction of a Nonconforming Structure or Use
These provisions shall govern reconstruction of the nonconforming structures andI.or uses Iisted
below after such structure or use is destroyed by fire, explosion, act of nature or act of the public
enemy by the percentage of value specified.
ord/04zoningkhap 236/8/23/04 1
�V 1-a
Ordinance No.3679
A. Nonconforming structures and nonconforming uses destroyed 50%or less of the
value prior to damage may be completely rebuilt.
B. Nonconforming residential uses consisting of 10 or less units destroyed more than
50%of the value may be completely rebuilt.
C. Nonconforming residential uses consisting of more than 10 units destroyed more
than 50%of the value may be completely rebuilt subject to conditional use permit
approval by the Planning Commission provided current requirements for setback
and parking are met.
236.06 Alterations to a Nonconforming Structure or Use
A. Interior alterations and/or repairs may be made which do not enlarge the square
footage or increase the height of a nonconforming use. Reroofing for health and
safety purposes may also be permitted-
B. A structure for a nonconforming use shall not be enlarged or altered on the
exterior in any manner unless:
l. All aspects of the existing structure and the proposed addition are made to
conform to applicable provisions of this Code, or
2. The Director permits such alteration subject to Neighborhood Notification
pursuant to Chapter 241 and the following findings:
a. That the alteration is necessary to secure added safety or reduce the
fire hazard or to improve the aesthetic appearance of the structure's
architecture by bringing the design into greater conformance with
the surrounding neighborhood.
b. That the alteration or addition will not increase the number of
stories-
C. That the alterations will not cause the floor area to exceed more
than ten(10%)percent of the floor area the structure contained at
the time the use became nonconforming.
C. Nonconforming structures may be altered or enlarged provided that the alteration
or enlargement is in conformance with applicable provisions of Titles 21 and 22.
D. Additions to nonconforming structures proposed to be constructed at the existing
nonconforming yard setbacks shall be subject to Director approval and
Neighborhood Notification pursuant to Chapter 241.
E. The area of enlargement to a nonconforming structure in any five year period shall
not exceed 50%of the area of the structure as it exists on the effective date of this
ordinance.
236.08 Sex Oriented Businesses
A. Any sex oriented business lawfully operating on the effective date-of the
Ordinance No. 3378 that is in violation of Section-212.04 of this Code shall be
deemed a nonconforming use. A nonconforming use will be permitted to
continue for a period of three years with possible one year extensions(maximum
ord/04zoning/chap 236/823/04 2 , t1
r[ .a
Ordinance No.3679
extensions of five(5)years)to be granted by the Planning Commission only upon
a convincing showing by the applicant of extreme financial hardship which is
defined as the recovery of the initial financial investment in the nonconforming
use,unless sooner terminated for any reason or voluntarily discontinued for a
period of thirty(30)days or more. Such nonconforming uses shall not be
increased,enlarged,extended or altered except that the use may be changed to a
conforming use. If two(2)or more sex oriented businesses are within 750 feet of
one another and otherwise in a permissible location,the sex oriented business
which was first established and continually operating at the particular location is
the conforming use and the later established business(es)is nonconforming.
B. A sex oriented business lawfully operating as conforming use is not rendered a
nonconforming use by the location, subsequent to the grant of a sex oriented
business zoning permit, of a building used for religious assembly,school,park
and recreational facility or any property zoned RL, RM, RMH,RH, RMP,and any
properties with equivalent designations under any specific plan within five
hundred feet(500')of the sex oriented business-
C. Any application for a building permit to operate a sex oriented business in a
location that is in violation of Section 212.04 that is filed prior to,but approved
after the effective date of Ordinance No. 3378 shall be deemed a nonconforming
use pursuant to Section A. Any such building permit shall be in effect subject to
the applicable zoning regulations in effect prior to the effective date of Ordinance
No. 3378.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 15TH day of NOVEMBER , 2004.
M
ATTEST:
APPROVED AS TO FORM:
City Cler
Jy City �ttomey
REVIEWED AND APPROVED: INIT ED AND PROVED:
City Administrator Director of Planning
ord/04zoning/chap 236/8/23/04 3
e
Ord. No. 3679
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 Clerk of the City Council of said City,do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 1st day of November,2004,and was again read to said City
Council at a re ular meeting thereof held on the 15th day of November,2004,and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Sullivan, Coerper,Hardy,Green, Boardman, Cook, Winchell
NOES: None
The foregoing instrument is Z.OOTr
ABSENT: None copy of the original on f in this of�lce.
. Attest 20L
ABSTAIN: None A
City Clerk and Ex-off icic, Clerk of a City
Council of the City of Flu ington Beach,
California
-Awl1,Joan L Flynn,CrrY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby Q
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on November 25,2004_
In accordance with the City Charter of said City
Jo L.Flynn,City Clerk ity Clerk and ex-offi Clerk
{ Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 36,80
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 244 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE ENTITLED
DESIGN REVIEW
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 244 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
Sections:
244.02 Applicability
244.04 Duties of the Design Review Board
244.06 Scope of Review
244.08 Required Plans and Materials
244.02 Applicability
Design review is required for projects in redevelopment areas,and applicable specific plans
areas designated by the City Council,and for projects abutting or adjoining PS districts.
244.04 Duties of the Design Review Board
The Design Review Board shall assist the Director, Planning Commission and Zoning
Administrator in reviewing development plans and architectural drawings within designated
geographic areas of the City and to undertake such other review and approval as provided by
this code.
A. Organization. The Board shall consist of five members appointed by and
responsible to the City Council. The membership shall consist of the
following:
1. Two (2) At-large members,consisting of current City residents chosen
by the City Council. Alternate City residents may be designated by the
City Council.
2. One(1)current Planning Commissioner chosen by the Planning
Commission. An alternate Commissioner may be designated by the
Planning Commission.
3_ The Director of his/her designee_
or&04zoning/chap 244/8/23/04
Ordinance No.3680
4. The Public Works Director or his/her designee.
B. Terms of Office.
1. At-large Members. The term of office for At-Iarge members shalt be our
(4)years, except as hereinafter provided. One At-large member shall be
appointed in 1994,and each fourth year thereafter. One At-large
member shall be appointed in 1994 for a two year term,and each fourth
year thereafter. No At-large member shall serve more than two(2)
consecutive terms,except that the current At-large member may be
appointed for the two year term mentioned herein. At-large members
may serve until their respective successors and appointed and qualified.
An At-large member may be removed prior to the expiration of his/her
term by a motion adopted by the City Council.
2. Planning Commission Member. The term of the Planning Commission
member shall expire when such member ceases to be a member of the
Planning Commission. A Planning Commission member may be
removed prior to the.expiration of his/her term by a motion adopted by
the Planning Commission. Members may serve until their respective
successors are appointed and qualified-
C. Powers and Duties. It shall be the duty of the Board to review sketches,
layouts, site plans, structural plans, signs,and architectural drawings in
connection with any matter before the Board. The Board shall have authority
to confer with the applicant or property owner concerning modifications of the
proposal, or conditions necessary to approval,and may approve,disapprove,
or conditionally approve the proposal. The Board may recommend any matter
before them to the discretionary body for consideration of the project.
244.06 Scope of Review
A. In making its determination, the Board shall review and consider
1. The arrangement and relationship of proposed structures and
signs to one another and to other developments in the vicinity;
2. Whether that.relationship is harmonious and based on good
standards of architectural design;
3. The compatibility in scale and aesthetic treatment of proposed
structures with public district areas;
4. The adequacy of proposed landscaping,parking spaces,
driveways,potential on-site and off-site parking and traffic
impacts and other potential impacts upon the environment;
5. Elements of design affecting the performance characteristics of
the proposed development; and
ord/04zonin&hap 244/&Q3/04 2 C X H l B(T .J► '
Ordinance No. 3680
6. Whether energy conservation measures have been proposed
and the adequacy of such measures,including,but not limited
to,the use of active and passive solar energy systems.
B. The Board may impose and/or recommend any conditions deemed reasonable
and necessary to the approval of the proposed development plan.
244.08 Required Plans and Materials
Plans and materials to fully describe and explain the proposed development shall be
submitted as required by the application form or by the Director, as deemed necessary.
244.09 Time Limit; Transferability,Discontinuance,
A. Time Limit.A Design Review Board recommendation shall become null and
void one year after its date of Director approval. If the initial application is in
association with another discretionary permit said permit shall become null and
void one year after the final action of the hearing body.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 15TH day of NOVEMBER ,2004.
r
ATTEST:
APPROVED AS TO FORM:
City Cler )-Y,rftaS7L-
U
ALL City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City 6dministrator Director of Planning
ord/04zoning/chap 244/8/23/04 3 r-7`,�4 1--I)l1—
Ord, No. 3680
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 Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven;that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 1st day of November,2004,and was again read to said City
Council at a regular meeting thereof held on the 15th day of November,2004, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Sullivan, Coerper,Hardy, Green, Boardman,Cook,Winchell
NOES: None
The foregoing Umtrument is a coned
copy of the original on qua in this office.
ABSENT: None Attest I FL • t 1 2JI-
1 OW L.
1.. P l
ABSTAIN: None City Clerk and Ex-officic Clerk o the C4
• Council of the City-of Huntington Beach.
Callomia.
Ey C ..,:
1,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-0fficio Clerk of the City Council,do hereby °`�/4+�•
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on November 25,2004.
In accordance with the City Charter of said City
Joan L. Fl m City Clerk Clerk and ex-officilherk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
PV141T-21T T L
ORDINANCE NO. 3 681
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 250 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE ENTITLED
GENERAL PROVISIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 250 of the Huntington Beach Zoning and Subdivision Ordinance is
hereby amended to read as follows:
�hapt� _5_ �e � aisx0 INE ,
Sections:
250.02 Citation and Authority
250.04 Consistency
250.06 Applicability
250.08 Exceptions
250.10 Definitions
250.12 Responsibilities
250.14 Map Requirements
250.16 Fees and Deposits
250.02 Citation and Authority
This Title is adopted pursuant to Chapter XI, Section 7 of the California Constitution and to
supplement and implement the Subdivision Map Act, Section 66410 et seq. of the Government
Code. This title may be cited as the Subdivision Ordinance of the City of Huntington Beach.
250.04 Consistency
No land shall be subdivided and developed for any purpose that is inconsistent with the
Huntington Beach General Plan,the Local Coastal Program for development within the coastal
zone,or any applicable specific plan of the City or that is not permitted by Titles 20-24,Zoning,
or other applicable provisions of this Code.
The type and intensity of land use as shown on the General Plan,and Local Coastal Program for
land within the coastal zone,and any applicable specific plan shall determine, together with the
requirements of the Subdivision Map Act and this Title, the type of streets, roads,highways,
utilities,and other public services that the subdivider shall provide.
250.06 Applicability
The provisions set forth in this Title shall apply to all or parts of subdivisions within the City
and to the preparation of subdivision maps and to other maps provided for by the Subdivision
Map Act and this Title after the effective date of this Title. All subdivisions and any part thereof
lying within the City shall be made and all subdivision maps shall be prepared and presented for
approval as provided for in this chapter.
ord/04zoning/chap 250/8/23/04
Ordinance No.3681
All subdivisions and tot line adjustments located within the coastal zone that meet the definition
of development as defined in Section 245.04(J)shall require approval of a coastal development
permit_
250.08 Exceptions
This chapter shall not apply to the items listed in Sections 66412,66412.1, 66412.2 and 66412-5
of the Subdivision Map Act. However subject to the provisions of Section 66412(d)of the
Subdivision Map Act,a lot line adjustment between two or more existing adjacent parcels,
where the land taken from one parcel is added to an adjacent parcel, and where a greater number
of parcels than originally existed is not thereby created,provided that,the lot line adjustment is
approved pursuant to Section 250.16B.
250.10 Definitions
For the purposes of this Title,unless otherwise apparent from the context,certain words and
phrases used in this Title are defined in this section as set forth below. All definitions provided
in Chapters 1.04, 245.04,and 203 of the Municipal Code and all definitions provided in the
Subdivision Map Act shall also be applicable to this Title and said definitions are hereby
incorporated by this reference as though fully set forth herein.
Access Rights. The right of abutting landowners or occupants to obtain access to an abutting
public way.
Acreage. Any parcel of land which is not a lot, as defined in this chapter,and those areas where
a legal subdivision has not been made previously,or where a legal subdivision has declared such
parcel as acreage.
Block. The area of land within a subdivision,which area is entirely bounded by streets,
highways or ways,except alleys,or the exterior boundary or boundaries of the subdivision.
Certificate of Compliance. A valid authorization, issued by the City, stating that the subdivision
of creation complies with City subdivision laws applicable at the time of creation or stating that
the subdivision complies with the Subdivision Map Act and this Title.
City En ig neer_ The City Engineer of the City of Huntington Beach.
Collector Street. A street,intermediate in importance between a local street and an arterial
highway,which has the purpose of collecting local traffic and carrying it to an arterial highway.
Conversion. The creation of separate ownership of existing real property together with a
separate interest in space of residential, industrial or commercial buildings.
Cul-de-Sac. A local street, one end of which is closed and consisting of a circular turnaround.
Day. A calendar day unless otherwise specified.
Department. The Community Development Department of the City of Huntington Beach.
Department of Public Works. The Department of Public Works of the City of Huntington
Beach.
Director. The Director of the Community Development Department of the City of Huntington
Beach.
Easement. A grant of one or more property rights by the owner to the City, a public entity,
public utility, or private party.
ord/04zonin cha 250/823/04 2
� P
Ordinance No.3681
Final'Mau. A map showing a subdivision of five or more parcels,prepared in accordance with
the provisions of the Subdivision Map Act and this Title and designed to be placed on record in
the office of the Orange County Recorder.
Lot Line Adjustment. A minor shift or rotation of an existing lot line where a greater or lesser
number of parcels than originally existed is not created.
Merger. The joining of two or more contiguous parcels of land under one ownership into one
parcel.
Parcel_ A unit or portion of a unit of improved or unimproved land.
Parcel Map. A map showing a subdivision of four or fewer parcels or a subdivision pursuant to
the exceptions stated in Section 66426 of the Subdivision Map Act prepared in accordance with
the provisions of the Subdivision Map Act and this Title and designed to be placed on record in
the office of the Orange County Recorder.
Parkway. That area between the curb face and abutting property line.
Person. Any individual,firm,co-partnership,joint venture, organization, corporation,estate,
trust, receiver, syndicate,this City, and any other public agency.
Private Street. Any street or accessway which is privately held, maintained and utilized as
access to a development.
Remainder. That portion of an existing parcel which is not divided for the purpose of sale,
lease,or financing nor part of the subdivision.
Scenic Easement. An easement dedicated to the City that protects a view from a specific
location or locations to a specific visual resource by prohibiting or limiting development.
Service Road. A street adjacent to and providing access to an arterial highway.
Standard Plans. Plans and engineering drawings for public improvements as adopted by the
Department of Public Works.
Standard Engineering Specifications. Specifications for public improvements adopted by the
Department of Public Works.
Subdivision Committee. The Subdivision Committee of the City of Huntington Beach.
Subdivision Map Act. The provisions of Division 2, Subdivisions of the California Government
Code, relating to subdivisions of land and real property commencing with Section 66410.
Tentative map. A map made for the purpose of showing the design and improvements of a
proposed subdivision and the existing conditions in and around it precedent to the approval of a
final map. Tentative map shall include a tentative parcel map,prepared pursuant to the
provisions of this Title.
Usable Parcel Area. That portion of a parcel which does not exceed a slope of 10 percent. Any
portion of the parcel exceeding 10 percent shall, for the purpose of this Title,be considered
slope and not usable parcel area.
Vesting Tentative Map. A tentative map for a residential subdivision that has,printed
conspicuously on its face,the words "vesting tentative map" at the time it is filed with the City,
and is processed in accordance with the provisions of Chapter 252 of this Title.
250.12 Responsibilities
ord/04zoning/chap 25018/23/04 3
F- V I41 Ts,IT ��
Ordinance No.3681
A. City Attorney. The City Attorney's responsibilities shall include approving as to
form all subdivision improvement agreements;covenants,codes,and restrictions;
security,liability agreements and insurance;and all governing documents for a
community apartment project,condominium,stock cooperative,or conversion.
B. City Council. The City Council shall have final jurisdiction in the approval of
final maps and improvement agreements and the acceptance by the City of land
and/or improvements as may be proposed for dedication to the City for
subdivisions of five or more parcels.
The City Council shall act as the appear board for hearing appeals of all
subdivision maps acted upon by the Planning Commission.
C. Planning Commission. The Planning Commission's responsibilities shall include
approving,conditionally approving, or denying the application for tentative map
approval of subdivisions of ten or more parcels. The Planning Commission shall
act as the appeal board for hearing appeals of tentative parcel maps and tentative
maps for subdivisions of 9 or fewer parcels.
D. Zoning Administrator. The Zoning Administrator's responsibilities shall include
the processing and approval,conditional approval or denial of tentative map
approval of subdivisions of or less parcels,tentative parcel maps and waivers of
parcel map requirements, mergers and certificates of compliance.
E. City Engineer. The City Engineer's responsibilities shall include:
1. Establishing design and construction details, standards and specifications.
2. Determining if proposed subdivision improvements comply with the
provisions of the Subdivision Map Act and this Title.
3. The processing and certification of final maps,reversion to acreage maps,
and amended maps and the processing and approval of subdivision
improvement plans.
4. Examining and certifying that final maps are in substantial compliance with
the approved tentative map.
S. Final jurisdiction in the approval of parcel maps and certification of lot line
adjustments.
6. The inspection and approval of subdivision public improvements.
7. The acceptance of dedications and public improvements for subdivisions by
parcel map,and off-site dedications lying outside.a subdivision boundary
which require a separate grant deed.
8. Collection of all required fees and deposits associated with final maps and
parcel maps except park and recreation fees.
F. Director. The Director's responsibilities shall include the processing of tentative
maps and lot line adjustments. -
1. Determinations of violations of the provisions of the Subdivision Map Act or
this Title.
ord/04zoning/chap 2501&123104 4 �"44
1 1-�rr (a
Ordinance No. 3681
2. The management of the Planning Division in carrying out the responsibilities
imposed upon it by this Title. When necessary to carry out the Director's
responsibilities hereunder,the Director may designate and authorize a
representative to act on his or her behalf.
3. Collection of park and recreation fees and fees associated with tentative
maps.
G. Subdivision Committee. The Subdivision Committee's responsibilities shall
include examining and determining that tentative and vesting tentative maps
comply with the.provisions of the Subdivision Map Act,this Title,the Local
Coastal Program for maps located within the coastal zone, and the City's General
Plan,and recommending approval,disapproval,or conditional approval of
tentative or vesting tentative maps to the Planning Commission or Zoning
Administrator.
The Subdivision Committee shall consist of the.following members or their
authorized representatives:
1. The Director who shall serve as chairperson and secretary;
2. The City Engineer;
3. The Fire Chief; and
4. Three members of the Planning Commission.
Representatives from other departments shall attend meetings when requested to
do so by the Subdivision Committee,
H. Coastal Commission. The Coastal Commission shall have appeal jurisdiction over
coastal development permits approved for all subdivisions and lot line adjustments
located within the appealable area of the coastal zone that constitute development
as defined in Section 245.04(J).
250.14 Map Requirements
A. Tentative and Final Map. A tentative and final map shall be required for all
subdivisions creating five or more parcels, five or more condominiums as defined
in Section 783 of the Civic Code,a community apartment project containing five
or more parcels,or for the conversion of a dwelling to a stock cooperative
containing five or more dwelling units_ Exceptions as stated in Section 66426 of
the Subdivision Map Act shall comply with Subsection B.
B. Tentative and Parcel Map. A tentative and parcel map shall be required for all
divisions of land into four or fewer parcels and exceptions stated in Section 66426
of the Subdivision Map Act. However parcel maps shall not be required for:
1_ Subdivisions of a portion of the operating right-of-way of a railroad
corporation,which are created by short-term Ieases terminable by either
party on not more than 30 days'notice in writing.
2. Land conveyed to or from a governmental agency,public entity ox-public
utility,or for land conveyed to a subsidiary of a public utility for conveyance
to such public utility for rights-of-way, unless a showing is made by the
Department in individual cases,upon substantial evidence,that public policy
necessitates a parcel map. If a parcel map is not required,the dedication or
offer must be indicated by a separate instrument_
ord/04zoning/chap 250/8/23/04 5
Ordinance No.3681
3. Lot line adjustments,provided:
a. No additional parcels or building sites are created;
b. The resulting parcels conform to Titles 20-24 (Zoning)of this Code;
C. The lot line adjustment shall not sever any existing structure on either
of the two parcels.
d. The lot line adjustment shall not allow a greater number of dwelling
units than allowed prior to the adjustment.
e. The lot line adjustment is approved by the Director or by the Planning
Commission on appeal; and
£ A plat map showing the lot line adjustment is prepared, approved,and
filed in accord with the provisions of Section 253.24.
4. Parcel maps waived by the Zoning Administrator as provided by Section
251.20.
C. Designation of Remainder Parcel. When a subdivision includes a remainder parcel
as provided in Section 66424.6 of the Subdivision Map Act, the remainder parcel
shall be in conformance with Titles 20-24 and shall require a Certificate of
Compliance as provided by Section 258.06.
250.16 Fees and Deposits
All persons submitting maps as required by this chapter shall pay all fees and/or deposits as
provided by this Title and by the City Council resolution establishing applicable fees and
charges.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 1 5TH day of NOVEMBER , 2004.
yo
ATTEST: APPROVED AS TO FORM:
jn�
City C erk'* '7r' ' City A orney f 23Il
REVIEWED AND APPROVED: INI ED AND APPROVED:
City AAninistrator Director of Planning
ord/04zonengJchap 250/8f23l04 6
Ord.No. 3681
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 Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 1st day of November,2004, and was again read to said City
Council at a regular meeting thereof held on the 15th day of November,2004,and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Sullivan, Coerper,Hardy, Green, Boardman, Cook,Winchell
NOES: None
l to foregoing instrument is a corm
copy of the original on file in this office.
ABSENT: None
Attest , 20
N?4
ABSTAIN: None City Clerk and -officic Clerk of the City
Council of the City of Huntington Beacir,
California.
IYJi. Dan''
I,Joan L Flynn,CITY CLERK of the City of Huntington p _
Beach and ex-officio Clerk of the City Council,do hereby X/
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on November 25,2004.
In accordance with the City Charter of said City
Jo L.Flvnn,City Clerk Ca Clerk and ex-officio lerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
FF k P ITF IT 1
ORDINANCE NO. 3705
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE DEFINITIONS CHAPTER OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE, CHAPTER 203
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 203.06 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to add definitions and modify the definition of Structure as
follows:
203.06 Definitions
Infill Lot Development. A lot contiguous to one or more existing single family residential
units,excluding parcels separated by streets, a vacant parcel intended for single family
development, or a parcel with an existing residential structure, which will have 50 percent
or more square footage of habitable area removed in order to remodel or construct a
detached single family unit.
Neighborhood Notification. Notification process pursuant to Chapter 241 when no
entitlements are required and the use requires such notification as stated in the Zoning
and Subdivision Ordinance.
Structure. Anything constructed or erected that requires a location on'the ground,
excluding,patios, walks, access drives, or similar paved areas.
Structure,Accessory. A structure that is appropriate, subordinate and customarily
incidental to the main structure of the site and which is located on the same site as the main
structure,including swimming pools, garages,gazebos and patio covers.
Structure, Minor Accessory. An accessory structure that does not exceed 64 square feet in
floor area, 80 square feet in roof area and a height of six feet, including storage sheds,pet
shelters,playhouses, and decorative elements.
SECTION 2. All other provisions of Chapter 203 not modified herein remain in full
force and effect.
SECTION 3. This ordinance shall become effective 30 days after its adoption.
ord/05zoning/Chap 203 1
�y
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 2nd day of May , 2005.
AP
ATTEST: APPROVED AS T ORM:
City Clerk 0, City ttorney -1 o5
REVIEWED AND APPROVED: INIT ED AND APPROVED:
City Adthinistrator Director of Planning
ord/05zoning/Chap 203 2
�uNiRIT � _a
Ord. No.3705
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I,JOAN L.FLYNN, the duly elected,qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 18th day of April,2005, and was again read to said City
Council at a regular meeting thereof held on the 2nd day of May,2005, and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Hansen,Coerper,Sullivan,Hardy,Green,Bohr,Cook
NOES: None
The foregoing instrument is a correol
capy of the original on files in this office.
ABSENT: None Attest I hb U,2a 0
n "
City Clerk an Ex-of k* Clerlt of the City
ABSTAIN: None Council of the City off kluntington Beach,
Call ornia.
I,Joan L_Flynn,CITY CLERK of the City of Huntington
P
Beach and ex-ofTcio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on May 12,2005.
In accordance with the City Charter of said City Q00
J an L.Flynn,City Clerk Cif lerk and ex-officio rk
Deputy City Clerk of the City Council of the City
of Huntington Beach,California
ORDINANCE NO. 3 7 0 6
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 210 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE RELATING TO RESIDENTIAL DISTRICTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION I_ The land use classifications set forth in the table of Land Use Control for
the RL, RM, RMH, RH and RMP Districts in Section 210.04 of the Huntington Beach Zoning
and Subdivision Ordinance is hereby amended as follows:
RL RM RMH RMP Additional
RH Provisions
Temporary Uses (J)(M)
Commercial Filming, Limited P P P P
Real Estate Sales P P P P (N)
Personal Property Sales P P P P
Street Fairs TU TU TU TU
SECTION 2: The Additional Provisions for the RL, RM, RMH,RH and RMP Districts
set forth in Section 210.04 are hereby amended as follows:
L-4 A conditional use permit from the Zoning Administrator is required and only allowed
on lots 10,000 sq. ft. or greater in RMH-A subdistrict. See also Section 230.42: Bed
and Breakfast Inns. (3334-6197,3410-3/99)
(E) See Section 210.14: RMP District Supplemental Standards. In addition,a
Neighborhood Notification pursuant to Chapter 241 is required for the addition of
manufactured home space(s)to an existing Manufactured Home Park. (3334-6/97,3410-
3199)
SECTION 3. The Property Development Standards for Residential Districts set forth in
Section 210.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended
as follows:
Property Development Standards for Residential Districts
RL RM RMH-A RMH RH RMP Additional
Subdistrict Provisions
Accessory Structures See Section 230.08
SECTION 4. The Additional Development Standards for RL, RM, RMH,RH and RMP
Districts set forth in 210.06, subparagraph(0), is hereby amended as follows:
ord/05zoning1Chap 210 1
(0)Open Space Requirements.
(1) The minimum open space area(private and common)for multi-family residential
projects in RM,RMH,including RMH-A subdistrict, and RH Districts shall be
25%of the residential floor area per unit(excluding garages). (3334-6/97,3410-M9)
(2) Private Open Space.
(a) Private open space shall be provided in courts or balconies within which a
horizontal rectangle has no dimensionless than 10 feet for courts and 6 feet
for balconies. A minimum patio area of 70 square feet shall be provided
within the court. (3334-6/97)
(b) The following minimum area shall be provided:
Unit Type Minimum Area (Sq.Ft.) Units Above
Ground Floor Units Ground Floor
Studio/1 bedroom 200 60
2 bedrooms 250 120
3 bedrooms 300 120
4 or more bedrooms 400 120
(3334-6/97)
(c) Private open space shall be contiguous to the unit and for the exclusive use
of the occupants. Private open space shall not be accessible to any dwelling
unit except the unit it serves and shall be physically separated from common
areas by a wall or hedge exceeding 42 inches in height. (3334-6/97,3410-3/99).
(d) A maximum of 50% of the private open space requirement;may be on
open decks above the second story subject to approval of a conditional use
permit by the Zoning Administrator,provided that no portion of such deck
exceeds the height limit. (34io-3/99)
(e) Patio and balcony enclosures within existing planned developments or
apartment complexes shall be subject to the following conditions:
1. A maximum of one enclosure per unit shall be allowed.
2. The existing balcony or patio area shall not be enlarged.
3. The balcony or patio enclosure shall comply with the current setback
and height requirements for the district in which the site is located.
4. The enclosure shall consist entirely of transparent materials, i.e.,no
solid walls or opaque walls,except an existing solid roof may be part of
the enclosure.
5. No structural change shall occur to the interface wall and doorway
between the enclosure and the adjacent inside room of the building,
unless the balcony/patio is replaced with equivalent unenclosed area for
use as private open space.
6. The enclosed area shall be considered as private open space and may be
counted toward current private open space requirements.
7. Required egress for fire escape routes shall be maintained.
ord/05zoning/Chap 210 2
(3) Common Open Space.
(a) Common open space,provided by interior side yards,patios,and terraces,
shall be designed so that a horizontal rectangle has no dimension less than 10 feet, shall
be open to the sky,and shall not include driveways,parking areas,or area required for
front or street side yards. (3334-6/97,3410-3/99)
(b) Projects with more than 20 units shall include at least one amenity, such as a
clubhouse,swimming pool,tennis court,volleyball court, outdoor cooking facility,or
other recreation facility. (3334-6/97,3410-3/99)
(4) The Director may allow a reduction in the open space requirement to 10%of the livable
area per unit for projects with less than 10 units and located within walking distance of
1,000 feet of a public park or beach. (3334-6/97,3410-3/99)
SECTION 6. All other provisions of Chapter 210 not modified herein shall remain in
full force and effect.
SECTION 7. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 2nd day of May ,2005.
Z)a!�e-emu,�ZL
ATTEST: VT7
Qoo�n)— a(- , APPROVED AS TO FORM:
City Clerk �-
City Attorney {/ ds
REVIEWED AND APPROVED:
A INIT TED AND APPROVED:
City A ministrator
Director of Planning
ord/05zoning/Chap 2I0 3
Ord. No. 3706
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I,JO.AN L. FLYNN, the duly elected,qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the-1 8th day of April,2005,and was again read to said City
Council at a regular meeting thereof held on the 2nd day of May,2005,and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Hansen, Coerper, Sullivan,Hardy,Green,Bohr, Cook
NOES: None
The foregoing instrument is a correct
t
ABSENT: None copy of the original on file in this office.
Attest t . t t 20
D f
ABSTAIN: None City Clerk and Ex-offieio Clerk of the City
Council of the City of Huntington Beach,
Callornia. �y
I,Joan L.Flynn,CITY CLERK of the City of Huntington ��0
Beach and ex-0fficio Clerk of the City Council,do hereby Y/
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on May 12,2005 of
In accordance with the City Charter of said City Q'--) 0,
y Clerk and ex-offici Jerk
Jo n L.F1 n Qijy Clerk of the City Council of the City
�l� Deputy City Clerk of Huntington Beach, California
PV141RIT 1 1-/
ORDINANCE NO. 3707
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 211 OF THE HUNTINGTON BEACH ZONING
AND SUBDIVISION ORDINANCE TITLED COMMERCIAL DISTRICTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 211.04 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended as set forth in Exhibit A attached hereto and incorporated herein
by this reference.
SECTION 2. The table of Development Standard for the CO, CG,and CV Districts set
forth in Section 211.06 of the Huntington Beach Zoning and Subdivision Ordinance shall be
amended as follows:
CO,CG and CV DISTRICTS
DEVELOPMENT STANDARDS
CO CG CV Additional Requirements
Residential Development (A)(B)
Nonresidential Development (B)
Minimum Lot Area(sq. ft.) 10,000 10,000 10,000 (C)
Minimum Lot Width(ft.) 100 100 100
Minimum Setbacks
Front(ft.) 10 10 0 (D)(E)(0)
Side(ft.) 5 0 0 (F)
Street Side(ft.) 10 10 0 (E)
Rear(ft.) 5 0 0 (F)
Maximum Height of
Structures(ft.) 40 50 50 (F)(G)
Maximum Wall Dimensions (N)
Maximum Floor Area Ratio (FAR) 1.0 1.5 1.5
Minimum Site Landscaping(%) 8 8 8 (H)(I)
Building Design Standards (0)
Fences and Walls (3)(K)
Off-Street Parking/Loading (L)
Outdoor Facilities See Section 230.74 (M)
Screening of Mechanical Equipment See Section 230.76 (M)
Refuse Storage Areas See Section 230.78
Underground Utilities See Chapter 17.64
Performance Standards See Section 230.82
Nonconforming Structures See Chapter 236
Signs See Chapter 233
SECTION 3. Subparagraph(0) of the Additional Development Standards for the CO,
CG, and CV Districts set forth in Section 211.06 of the Huntington Beach Zoning and
Subdivision Ordinance shall be amended as follows:
X H INN M. I
(0) Two building design standards are established to make commercial areas more
attractive and provide a unified streetscape:
(1) In the CV District a 10-foot minimum upper-story setback is required
above the second story along street frontages.
SECTION 4. All other provisions of Chapter 211 not modified herein shall remain in
full force and effect.
SECTION 5. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 2nj day of May ,2005.
ATTEST: APPROVED AS TO FORM:
c
4"
City Clerk City+AA mey
REVIEWED AND APPROVED- INITIA D AND APPROVED:
s` City Administrator V Director 6f Planning
EXHIBIT M.a
EXHIBIT A
TO ORDINANCE NO. 3707
211.04 CO,CG,and CV Districts: Land Use Controls
In the following schedules, letter designations are used as follows:
"P" designates use classifications permitted in commercial districts.
"L" designates use classifications subject to certain limitations prescribed by the
"Additional Provisions"that follow.
"PC" designates use classifications permitted on approval of a conditional use permit
by the Planning Commission.
"ZA"designates use classifications permitted on approval of a conditional use permit
by the Zoning Administrator.
"TU" designates use classifications allowed upon approval of a temporary use permit.
"P/U" for an accessory use means that the use is permitted on the site of a permitted
use,but requires a conditional use permit on the site of a conditional use.
Use classifications that are not listed are prohibited. Letters in parentheses in the
"Additional Provisions" column refer to provisions following the schedule or located
elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use
classification heading, referenced provisions shall apply to all use classifications under the
heading.
P = Permitted
CO, CG, L = Limited (see Additional Provisions)
and CV PC = Conditional use permit approved by Planning Commission
Districts ZA = Conditional use permit approved by Zoning Administrator
Land Use TU = Temporary Use Permit
Controls P/U = Requires conditional use permit on site of conditional use
= Not Permitted
CO CG CV Additional Provisions
Residential (J)(Q)(R)(V) (3334-M7)
Group Residential PC PC PC (3334-6/97)
Multifamily Residential - - PC (3334-6/97)
Public and Semipublic (J)(Q)(R)(V)
3334-6/97,3553-5/02)
Clubs and Lodges P P - (3334-6/97)
Community and Human Services
Drug Abuse Centers - PC -
Primary Health Care 1,11 L 11 - (3522-2102)
Emergency Kitchens - L-2 -
Emergency Shelters - L-2 -
ord/05zoning/Chap 211 3
Residential Alcohol Recovery, General - PC -
Residential Care, General ZA ZA -
Convalescent Facilities ZA ZA
Cultural Institutions PC PC PC
Day Care, General 3 3 -
Day Care, Large-Family P P - (Y) (3522-2/02)
Emergency Health Care L-2 L-2 - (3334-6/97)
Government Offices P P PC (3334-6/97)
Heliports PC PC PC (B)
Hospitals PC PC - (3334-W97)
Park& Recreation Facilities L-9 L-9 L-9
Public Safety Facilities PC PC PC
Religious Assembly ZA ZA - (3522-2/02)
Schools,Public or Private PC PC -
UtiIities,Major PC PC PC
Utilities,Minor P P P (L)
Commercial Uses (J)(Q)(R) (3341-a96)
Ambulance Services - ZA -
Animal Sales& Services
Animal Boarding - ZA - (3522-2/02)
Animal Grooming - P -
Animal Hospitals - ZA - (3522-2/02)
Animals: Retail Sales - P -
Equestrian Centers(CG Zone) - PC - (S)
Pet Cemetery - PC -
Artists' Studios P P P
Banks and Savings&Loans P P P
With Drive-Up Service P P P (3522 2/02)
Building Materials and Services - P -
Catering Services P P P
Commercial Filming P P P (F)
Commercial Recreation and Entertainment - PC PC (D)
Communication Facilities L-13 L-13 L-13 (3568-9/02)
Eating and Drinking Estab. L-4 L-4 L-4 (3522-2/02)
W/Alcohol ZA ZA ZA (N)(Y) (3522-2/02)
W/Drive Through - P P (3522-2/02)
W/Live Entertainment ZA ZA ZA (W)(Y) (3522-2/02)
W/Dancing PC PC PC (H)
W/Outdoor Dining ZA ZA ZA (X)(Y) (3522-2/02)
Food& Beverage Sales - P L-2
W/Alcoholic Beverage Sales - ZA ZA (N)
Funeral & Internment Services - ZA -
Laboratories L-1 L-1 -
Maintenance&Repair Services - P -
Marine Sales and Services - P P
Nurseries - ZA -
Offices,Business & Professional P P P (3334-6/97)
Pawn Shops - ZA -
Personal Enrichment Services L-10 L-10 - (Y) (3522 2/02)
Personal Services P P P
Research & Development Services L-1 ZA -
Retail Sales - P P (U)(V) (3285-6/95.3334-6/97;
3482-12/00)
Secondhand Appliances/Clothing - P -
Swap Meets,Indoor/Flea Markets - PC - (T)
ord/05zoning/Chap 211 4
Swap Meets, Recurring - ZA -
Tattoo Establishments - PC -
Travel Services P P P
Vehicle Equipment/Sales &Services
Automobile Rentals - L-8 L-8 L-12
Automobile Washing - ZA -
Commercial Parking - ZA ZA (P)
Service Stations - PC PC (E)
Vehicle Equip. Repair - L-5 -
Vehicle Equip. Sales&Rentals ZA ZA - L-12 (3522-2/02)
Vehicle Storage - ZA -
Visitor Accommodations
Bed&Breakfast Inns ZA ZA ZA (K)
Hotels, Motels - ZA PC (I) (3334-6/97)
Quasi Residential (3334-6/97)
Time Shares - PC PC (I)(J)(3334-W97)
Residential Hotel - PC PC (J)
Single Room Occupancy - PC PC (J)(0)
Industrial (J)(Q)(R)(V) (3334-W97)
Industry, Custom - L-6 L-6
Accessory Uses (J)(V) (3334-6/97)
Accessory Uses & Structures P/U P/U P/U
Temporary Uses (F)(J)(V) (3334-/97)
Animal Shows - TU -
Circus and Carnivals and Festivals - TU - (3522-2/02)
Commercial Filming, Limited - P P (M)
Real Estate Sales P P P (3522-2/02)
Retail Sales,Outdoor - TU TU (M) (3522-2/02)
Seasonal Sales TU TU TU (M) (3522-2/02)
Tent Event P (3522-2/02)
Trade Fairs - P -
Nonconforming Uses (G)(J)(V) (3334-6/97)
(Rest of page not used)
ord/05zoning/Chap 211 5
P-V141R1-r � �
CO,CG,and CV Districts: Additional Provisions
L-1 Permitted if the space is 5,000 square feet or less; allowed with Neighborhood
Notification pursuant to Chapter 241 if the laboratory space exceeds 5,000 square
feet.
L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is
5,000 square feet or less; allowed with a conditional use permit from the Planning
Commission if the space exceeds 5,000 square feet.
L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is
2,500 square feet or less; allowed with a conditional use permit from the Planning
Commission if the space exceeds 2,500 square feet.
L-4 Permitted if greater than 300 feet from residential zone or use; if 300 feet or less from
residential zone or use neighborhood notification is required pursuant to Chapter 241.
(3522-2/02).
L-5 Only "limited" facilities are allowed subject to approval of a conditional use permit
from the Zoning Administrator,and body and fender shops are permitted only as part
of a comprehensive automobile-service complex operated by a new vehicle dealer.
L-6 Only "small-scale" facilities, as described in Use Classifications, are permitted with a
maximum 7 persons employed full time in processing or treating retail products,
limited to those sold on the premises. (3522-2/02)
L-7 Repealed..
L-8 On-site storage limited to two rental cars or two cars for lease.
L-9 Public facilities permitted,but a conditional use permit from the Zoning
Administrator is required for commercial facilities.
L-10 Permitted if the space is 5,000 square feet or less; allowed with conditional use permit
approval from the Zoning Administrator if space exceeds 5,000 square feet. (3522-2/02)
In addition,Personal Enrichment uses within a retail building parked at a ratio of one
(1)space per 200 square feet, shall require no additional parking provided the use
complies with the following: (3522-2/02)
• Maximum number of persons per classroom does not exceed the number of
parking spaces allocated to the suite based upon the square footage of the
building; and(3522-2/02)
• The instruction area does not exceed 75 percent of total floor area of the
personal enrichment building area. (3522-2/02)
L-11 Permitted if the space is 5,000 square feet or less;allowed with a conditional use permit
from the Zoning Administrator if the space exceeds 5,000 square feet.(3522-2/02)
L-12-Permitted for existing facilities proposing to expand up to 20%of existing floor area
or display area. (3522-2102)
ord/05zoning/Chap 211 6
Y i TR rr M (.
L-13 For wireless communication facilities see Section 230.96 Wireless Communication
Facilities. All other communication facilities permitted. (3568-9/02)
(A) Reserved. (3553-5102)
(B) See Section 230.40:Helicopter Takeoff and Landing Areas.
(C) Repealed (3378-2/98)
(D) See Section 230.38: Game Centers; Chapter 5.28: Dance Halls; Chapter 9.24: Card
Rooms; Chapter 9.32: Poolrooms and Billiards;and Chapter 9.28: Pinball Machines.
(E) See Section 230.32:Service Stations.
(F) See Section 241.20: Temporary Use Permits
(G) See Chapter 236:Nonconforming Uses and Structures.
(H) For teen dancing facilities,bicycle racks or a special bicycle parking area shall be
provided. These may not obstruct either the public sidewalk or the building entry. See
also Chapter 5.28:Dancing Halls;Chapter 5.44: Restaurants -Amusement and
Entertainment Premises, and Chapter 5.70:Adult Entertainment Businesses. (3341-
10/96)
(I) Only permitted on a major arterial street, and a passive or active outdoor recreational
amenity shall be provided.
(J) In the CV District the entire ground floor area and at least one-third of the total floor
area shall be devoted to visitor-oriented uses as described in the certified Local Coastal
Program Land Use Plan. Any use other than visitor serving commercial shalt be located
above the ground level, and a conditional use permit from the Planning Commission or
the Zoning Administrator is required. Any use other than visitor serving commercial
uses shall only be permitted if visitor serving uses are either provided prior to the other
use or assured by deed restriction as part of the development.
No office or residential uses shall be permitted in any visitor serving designation
seaward of Pacific Coast Highway. (3334-6197)
(K) See Section 230.42: Bed and Breakfast Inns.
(L) See Section 230.44: Recycling Operations.
(M) Subject to approval by the Police Department,Public Works Department,Fire
Department and the Director. See also Section 230.86 Seasonal Sales.
(N) The following businesses proposing to sell alcoholic beverages for on-site or off-site
consumption are exempt from the conditional use permit process:
(1) Retail markets with no more than 10 percent of the floor area devoted to sales,
display,and storage of alcoholic beverages provided the sale of alcoholic
beverages is not in conjunction with the sale of gasoline or other motor vehicle
fuel. (3522-2/02)
(2) Restaurants,Bars-and Liquor stores located 300 feet or more from any R or PS
district,public or private school, church, or public use. (3522-2l02)
ord/05zoning/Chap 211 7
EXHIBIT HI
(3) Florist shops offering the sale of a bottle of an alcoholic beverage together with
a floral arrangement.
(0) See Section 230.46: Single Room Occupancy.
(P) See Chapter 231 for temporary and seasonal parking.
(Q) Development of vacant land or additions of 10,000 square feet or more in floor area;
or additions equal to or greater than 50%of the existing building's floor area;or
additions to buildings on sites located within 300 feet of a residential zone or use for a
permitted use requires approval of a conditional use permit from the Zoning
Administrator. The Planning Director may refer any proposed addition to the Zoning
Administrator if the proposed addition has the potential to impact residents or tenants
in the vicinity(e.g., increased noise,traffic). (3522-2102)
(R) Projects within 500 feet of a PS District see Chapter 244.
(S) See Section 230.48: Equestrian Centers
(T) See Section 230.50: Indoor Swap Meets/Flea Markets
(U) See Section 230.94: Carts and Kiosks (324M/95,3334-6/97.34E2-12/00)
(V) In the coastal zone, the preferred retail sales uses are those identified in the Visitor
Serving Commercial land use designation which provide opportunities for visitor-
oriented commercial activities including specialty and beach related retail shops,
restaurants,hotels, motels,theaters,museums,and related services.
(W) Non-amplified live entertainment greater than 300 feet from a residential zone or use
shall be'permitted without a conditional use permit. (3522-2/02) ,
(X) Outdoor dining with alcohol sales shall be permitted with a conditional use permit to
the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square
feet or less shall be permitted without a conditional use permit. If over 400 square
feet with no alcohol sales,Neighborhood Notification shall be required pursuant to
Chapter 241.(3522-2/02)
(Y) Neighborhood Nnotification requirements pursuant to Chapter 241.
ord/05zoning/Chap 211 8
Ord. No. 3707
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1,JOAN L. FLYNN,the duly elected,qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 18th day of April,2005,and was again read to said City
Council at a regular meeting thereof held on the 2nd day of May,2005, and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Hansen, Coerper, Sullivan, Hardy,Green,Bohr, Cook
NOES: None
'rhe foregoing instrument is a corred
ABSENT: None copy of the original on file in this
Attest � �+- 20
ABSTAIN: None ANN L'
City Clerk and Ex-officio Cle c of the City
Council of the C' Of Huntington Beach,
Cardomla.
1,Joan L.Flynn,CITY CLERK of the City of Huntington ]�
Beach and ex-of5cio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on May 12,2005.
In accordance with the City Charier of said City
J an L.Flynn,Cily Clerk Uy Clerk and ex-offici Jerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 3708
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 212 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE TITLED INDUSTRIAL DISTRICTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The land use classifications set forth in the table of Land Use Controls for the IG
and IL Districts in Section 212.04 of the Huntington Beach Zoning and Subdivision Ordinance is
hereby amended to read as follows:
212.04 IG and IL Districts: Land Use Controls (3254-10/94)
Additional
IG IL Provisions
Public and Semipublic (M)
Community and Human Service
Facilities ZA ZA (L)
Day Care, General ZA ZA (3523-2M2)
Heliports PC PC (0)
Maintenance& Service Facilities ZA ZA
Public Safety Facilities P P
Religious Assembly L-10 L-10
Schools, Public or Private L-6 L-6
Utilities,Major PC PC
Utilities,Minor L-7 L-7 (P)
Commercial Uses (D)(M)
Ambulance Services ZA ZA
Animal Sales and Services
Animal Boarding ZA ZA (3523-2/02)
Animal Hospitals ZA ZA (3523-2/02)
Artists'Studios P P
Banks and Savings and Loans L-1 L-1
Building Materials and Services P P
Catering Services - P
Commercial Filming ZA ZA
Commercial Recreation and
Entertainment L-2 L-2
Communication Facilities L-12 L-12 (3568-9/02)
Eating&Drinking Establishments L-3 L-3
w/Live Entertainment ZA ZA (S)(U)(3523-2/02)
Food& Beverage Sales ZA ZA (3523-2/02)
Hospitals and Medical Clinics - PC
Laboratories P P
Maintenance& Repair Services P P
Marine Sales and Services P P
Nurseries P P
Offices,Business &Professional L-1 L-1 (H)
ord/05zoning/chap 212 1
IG AND IL P - Permitted
DISTRICTS: L - Limited(see Additional Provisions)
LAND USE PC - Conditional use permit approved by Planning Commission
CONTROLS ZA- Conditional use permit approved by Zoning Administrator
TU- Temporary Use Permit
P/U-Requires conditional use permit on site of conditional use
- Not Permitted
Additional
IG IL Provisions
Personal Enrichment L-9 L-9 (U) (3523-2/02)
Personal Services L-1 L-1
Quasi Residential PC PC (K)
Research& Development Services P P
Sex Oriented Businesses L-I I L-11 (3378-2/98)
(regulated by HBMC Chapter 5.70) (3378-2/98)
Sex Oriented Businesses PC PC (R) (3378-2198)
(regulated by HBMC Chapters 5.24 & 5.60) (3378-2/98)
Swap Meets, Indoor/Flea Markets PC PC (Q)
Vehicle/Equipment Sales & Services
Service Stations L-4 L-4
Vehicle/Equipment Repair P P
Vehicle/Equip. Sales/Rentals L-5 L-5
Vehicle Storage P ZA (1)
Visitor Accommodations ZA ZA
Warehouse and Sales Outlets L-8 L-8
Industrial (See Chapter 204) (B)(M)(N)
Industry, Custom P P
Industry, General P P
Industry, Limited P P
Industry,R&D P P
Wholesaling, Distribution& Storage P P
Accessory Uses
Accessory Uses and Structures P/U P/U (C)
Temporary Uses
Commercial Filming, Limited P P (T) (3523-2/02)
Real Estate Sales P P (3523-2/02)
Trade Fairs P P (E)
SECTION 2. The Additional Provisions for the for IG and IL Districts set forth in Section
212.04 are hereby amended as follows:
Quasi Residential PC PC (K)
Visitor Accommodations ZA ZA
SECTION 3. The Additional Provisions for the IG and IL Districts are hereby amended as
follows:
L-I Only allowed upon approval of a conditional use permit by the Zoning Administrator for a
mixed use project, subject to the following requirements: (3254-10/94)
osd/05mning1chzp 212 2
Minimum site area: 3 acres (3254-10/94)
Maximum commercial space: 35 percent of the gross floor area and 50 percent of the
ground floor area of buildings fronting on an arterial highway. (3254-10/94)
Phased development: 25 percent of the initial phase must be designed for industrial
occupancy. For projects over 500,000 square feet, the initial phase must include 5 percent
of the total amount of industrial space or 50,000 square feet of industrial space,whichever
is greater. (3254-10194)
L-2 Allowed upon approval of a conditional use permit by the Zoning Administrator when
designed and oriented for principal use by employees of the surrounding industrial
development or when designed for general public use, after considering vehicular access
and parking requirements. (3254-10/94)
L-7 Recycling Operations as an accessory use are permitted;recycling operations as a primary
use are allowed upon approval of a conditional use permit by the Zoning Administrator.
(3254-10194)
L-9 Permitted if the space is 5,000 square feet or less; allowed by Neighborhood Notification
pursuant to Chapter 241 if the space is over 5,000 square feet. (3254-10/94,3523-2/02)
L-12 For wireless communication facilities see section 230.96 Wireless Communication
Facilities. All other communication facilities permitted. (3568-9/02)
(A) Repealed-
(K) Limited to: Single Room Occupancy uses(See Section 230.46). (3254-10/94)
(U) Neighborhood notification requirements when no entitlement required pursuant to Chapter
241. (3523-2/02)
SECTION 4. The Schedule of Development Standards for the IG and IL Districts set forth in
Section 212.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended as
follows:
Additional
IG IL Requirements
Residential Development (M)
Nonresidential Development
Minimum Lot Area(sq. ft.) 20,000 20,000 (A)(B)
Minimum Lot Width (ft.) 100 100 (A)(B)
Minimum Setbacks (A)(C)
Front (ft.) 10;20 10;20 (D)
Side(ft.) 0 15 (E)(F)
Street Side(ft.) 10 10
Rear(ft.) 0 0 (E)
Maximum Height of Structures(ft.) 40 40 (G)
Maximum Floor Area Ratio (FAR) 0.75 0.75
Minimum Site Landscaping(%) 8 8 (H)(I)
Fences and Walls See Section 230.88
Off-Street Parking and Loading See Chapter 231 Q)
Outdoor Facilities See Section 230.74
ord/05zoning/chap 212 3
EXM1OVT N-3
SECTION 6. Section 212.08 of the Huntington Beach Zoning and Subdivision Ordinance is
hereby amended as follows:
212.08 Review of Plans
All applications for new construction and exterior alterations and additions shall be submitted to
the Planning Department for review. Discretionary review shall be required as follows: (3254-10/94)
A. Zoning Administrator Review. Projects requiring a conditional use permit from
the Zoning Administrator; projects including a zero-side yard exception;projects
on substandard lots.(3254-10/94)
B. Design Review Board. Projects within redevelopment project areas and areas
within 500 feet of a PS district; see Chapter 244.(3254-10/94)
C. Planning Commission. Projects requiring a conditional use permit from the
Commission. (3254-10/94)
D. Projects in the Coastal Zone. A Coastal Development Permit is required
unless the project is exempt;see Chapter 245. (3254-10/94)
SECTION 7. All other provisions of Chapter 212 not modified herein shall remain in full force
and effect.
SECTION 8. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 2nd day of May ,2005.
�Vmw...-Ox
ATTEST: APPROVED AS TO FORM:
A_ -
C
City Clerk City AtWomey ylsl�s
REVIEWED AND APPROVED: INITI TED AND APPROVED: I 1
City dministrator V Director of Planning
ord/05zoning/chap 212 4
Ord.No.3708
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected,qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 18th day of April,2005,and was again read to said City
Council at a regular meeting thereof held on the 2nd day of May,2005, and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Hansen,Coerper, Sullivan,Hardy,Green,Bohr,Cook
NOES: None
he foregoing instrument is a c0rrQd
copy of the original on rtb----L--LL,
in this of ice.
ABSENT: None Attest 20 0 1_
Aum L. m
City Clerk andEx-off icio Clerk I of the City
ABSTAIN: None Council of the City of Huntington Beach,
California. �
1,Joan L.Flynn,CITY CLERK of the City of Huntington
1
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on May 12,2005.
In accordance with the City Charter of said City
Joan L.Flynn.City Clerk Uy Clerk and ex-offici Jerk
Deputy City Clerk of the City Council of the City
of Huntington Beach,California
L
ORDINANCE NO. 3709
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 220 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE TITLED
OIL PRODUCTION OVERLAY DISTRICT
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION l. Section 220.24 of the Huntington Beach Zoning and Subdivision Ordinance is
hereby amended to read as follows:
220.24 Criteria for Modification or Reduction of Dedication Requirements
The Director shall approve, conditionally approve, or deny upon consent of Fire Chief and Director of
Public Works the request for a waiver or reduction of dedication requirements after considering the
following factors:
A. Estimated period of time that the proposed new well(s)and related facilities will be in
operation;
B. Degree of intensity of development of surrounding area;
C. Effect of the proposed well on vehicular traffic in the vicinity of the site; and
D. Extent of the proposed oil well operation.
SECTION 2. All other provisions of Chapter 220 not modified herein remain in full force and
effect.
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 2nd day of May 2005.
'04 -�dn'4L
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney AW
REVIEWED AND APPROVED: INITIA ED AND APPROVED:
City Administrator V Director of Planning
ord/05zoning/Chap 220
EXHIBT v . I
Ord. No. 3709
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I,JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 18th day of April,2005, and was again read to said City
Council at a regular meeting thereof held on the 2nd day of May, 2005, and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Hansen, Coerper, Sullivan,Hardy, Green, Bohr, Cook
NOES: None
`7- r-,Anoing instrument is a
copy of the original on file in this of .
ABSENT: None Attest �t , 20
OAW T- �j�JN
ABSTAIN: None City Clerk and Ex-officio Clerk of the City
CQuncil of the City of Huntington Beach,
Calist�rnia. �� � _
1,Joan L Flynn,CITY CLERK of the City of Huntington ��Q
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on May 12,2005_
In accordance with the City Charter of said City
Jon L.Finn,Cjjy Clerk Ci Clerk and ex-officio rk
D Denuty City Clerk of the City Council of the City
of Huntington Beach,California
P
ORDINANCE NO. -3 710
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE TITLED
SITE STANDARDS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 230.08 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended as follows:
230.08 Accessory Structures
For purposes of applying these provisions, accessory structures are inclusive of minor accessory
structures,except where separate provisions are provided in this section.
A. Timin . Accessory structures shall not be established or constructed prior to the start of
construction of a principal structure on a site,except that construction trailers may be placed
on a site at the time site clearance and grading begins and may remain on the site only for the
duration of construction.
B. Location. Except as provided in this section, accessory structures shall not occupy a required
front,side or street side yard or court,or project beyond the front building line of the
principal structure on a site. An accessory structure shall be setback 5 feet from the rear
property line except no setback is required for accessory structures,excluding garages and
carports,which abut an alley. Minor accessory structures may be located in required side and
rear yard setbacks provided that the structure is Iocated in the rear two-thirds of the lot and a
minimum five foot clearance is maintained between said structure and dwelling if it is
located in the required side yard. Minor accessory structures that are decorative such as
landscape garden walls, fire pits,freestanding barbecues/fireplaces,sculptures,and fountains
may be located anywhere on the property provided:
1.They do not exceed 6-feet'in height or exceed 42-inches in height when located within
the front yard setback and;
2.A minimum 5-foot clearance is maintained between said structure and the dwelling if it
is located in a required side yard;and
3.Rock formations shall be setback I-foot from the side and/or rear property lines for
each foot of rock formation height, maximum 5-foot setback required.
ord/OSzor+irtg/Chap 230 I
EXH1�3tT t. �
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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.
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 Iines is maintained-
F. Decks. A deck 30 inches or less in height may be located in a required yard.
G. Separation. The distance between buildings on the same lot shall not be less than 10 feet.
SECTION 2. Section 230.10, subsections A,Al,D and E,of the Huntington Beach
Zoning and Subdivision Ordinance are hereby amended as follows:
230.10 Accessory Dwelling Units
A. Permit Required. Accessory dwellings may be permitted in all R districts on lots with a
single family dwelling subject to Director approval. Requests shall be submitted to the
Director accompanied by the required Neighborhood Notification, plans and elevations
showing the proposed accessory dwelling and its relation to the principal dwelling,
descriptions of building materials,landscaping and exterior finishes to be used and parking to
ord/OSzoning/Chap 230 2
EM&T V. a
be provided,and any other information required by the Director to determine whether the
proposed unit conforms to all requirements of this code. The Director shall approve an
accessory dwelling unit upon finding that the following conditions have been met:
I. The dwelling conforms to the design and development standards for accessory dwelling
units established in Subsection(B)of this Section 230.10 and Section 230.22 A;
D. Covenant. A covenant with the ownership requirements shall be filed for recordation with
the County Recorder within 30 days of Planning Department Plan Check approval and
issuance of building permits. Evidence of such filing shall be submitted to the Director
within 30 days of approval.
E. Parkland Dedication In-lieu Fee. A parkland dedication in-lieu fee shall be assessed as set by
resolution of the City Council pursuant to Section 230.20 and paid prior to issuance of the
building permit.
SECTION 3. Section 230.12,subsection C(8), of the Huntington Beach Zoning and
Subdivision Ordinance is hereby amended as follows:
230.12 Home Occupation in R Districts
8. Neighborhood Notification shall be in compliance with Chapter 241 when a home
occupation involves instruction and/or service, e.g. music lessons,beauty shop,
swimming lessons. Where a home occupation involves swimming instruction in an
outdoor swimming pool,each swimming class shall be limited to 4 students,and no more
than 2 vehicles shall be used to transport students to such classes.
SECTION 4. Section 230.14, subsection E(3),of the Huntington Beach Zoning and
Subdivision Ordinance is hereby amended as follows:
230.14 Affordable Housing Incentives/Density Bonus
E. Procedure.
3. The Planning Commission/City Council shall review the subject Affordability Agreement
concurrently with the development proposal. No project shall be deemed approved until
the Affordability Agreement has been approved by the City Council.
SECTION 5. Section 23022 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended as follows:
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. (3301-11/95)
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
ord/05zoning/Chap 230 3
relative to existing dwellings, and visual intrusion concerns. The Director of Planning 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. (3301-11/95)
A. Privacy Design Standards.
1. New residences and accessory dwelling units shall off-set windows from those on
existing residences to insure maximum privacy. The use of translucent glass or similar
material, shall be used for all bathroom windows facing existing residences. Consider.
locating windows high on elevations to allow light and ventilation,and insure privacy.
(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. (3301-11/95)
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. (3301-11/95)
B. Noise Considerations.
I. 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. (3301-11/95)
C. Pad Height-
s. Pad height for new construction shall match to the extent feasible pad heights of
contiguous residences. Any property owner/developer who intends to add fill above the
height of the existing contiguous grades shall demonstrate to the Community
Development Director and the City Engineer that the additional fill is not detrimental to
surrounding properties in terms of compatibility and drainage issues. (3301-11/95)
D. Public Notification Requirements.
1. 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: (3301-11/95)
a. Name of applicant;
b. Location of planned development, including street address (if known)and/or lot and
tract number; (3301-11/95)
c. Nature of the planned development, including maximum height and square footage of
each proposed infill dwelling unit; (3301-11/95)
d. The City Hall telephone number for the Department of Community Development to
call for viewing plans;
ord/OSzoning/Chap 230 4
EXHIBIT �.
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.
SECTION 6. Section 230.36, subsection C(3), of the Huntington Beach Zoning and
Subdivision Ordinance is hereby amended as follows:
230.36 Transportation Demand Management
C. Applicability:
3. Notwithstanding "I" 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.
a. Other temporary use classifications or as authorized by the Zoning
Administrator/Director when such temporary activities are for a period not to exceed
30 days and held no more than once a year.
SECTION 7. Section 230.38 is hereby amended as follows:
230.38 Game Centers
The following supplemental requirements shall apply to the operation of game centers,including
mechanical or electronic games or any other similar machine or device, in order to control the
location and hours of operation of game centers so as not to allow school children to play the
games during school hours or to encourage minors to congregate in areas close to commercial
establishments that sell alcoholic beverages. The following conditions shall apply_
A. Neighborhood Notification. Submit a request to the Director with neighborhood notification
pursuant to Chapter 241.
B. Adult Manager. At least one adult manager shall be on the premises during the time a game
center is open to the public.
C. Hours of Operation for Minors under 18 Years of Age. No game center owners,manager or
employees shall allow a minor under 18 years of age to play a mechanical or electronic game
machine during the hours the public schools of the district in which the center is located are
in session,or after 9 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.
ord/OSzoninp_fChap 230 5
EX�1�31T �.`�
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 Director may impose reasonable restrictions on the physical design,
location, and operation of a game center and require a special bicycle parking area in order to
minimize the effects of noise,congregation,parking, and other nuisance factors that may be
detrimental to the public health,safety and welfare of the surrounding community.
SECTION 8. Section 230.40 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to correct a sequential error by renaming subsection"F"to"D".
No other changes to this section have been made.
SECTION 9. Section 230.42,subsection(A) is hereby amended as follows:
230.42 Bed and Breakfast Inns
A. Permit Required. The Zoning Administrator may approve a conditional use permit for a bed
and breakfast inn in any C District and RMH-A District, after a duly noticed public hearing
upon fmding that:
1. The bed and breakfast inn will be operated by a property owner living on the premises;
2. The bed and breakfast inn conforms to the design and development standards of
Subsection(B)of this section and is compatible with adjacent buildings in terms of
building materials, colors and exterior finishes; and
3. Public and utility services, including emergency access, are adequate to serve the bed and
breakfast inn.
SECTION 10. Section 230.88 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to add subsection(A)(2)(b), and modify subsections A(6),and
B(2)as follows:
230.88 Fencing and Yards
A. Permitted Fences and Walls.
2(b). Exception: A maximum two foot(2')lattice extension(wood or plastic)that is
substantially open may be added to the top of a six foot (6')high wall or fence on
an interior property line without Building Permits pursuant to Chapter 241
Neighborhood Notification.
6_ Only at the time of initial construction of the dwellings and in order to allow variations in
the street scene in R districts, fences or walls exceeding forty-two(42) inches in height
may be permitted at a reduced front setback of six (6)feet subject to plan review approval
by the Director in conformance with the following criteria:
ord/05zoning/Chap 230 6
a. The reduced setback shall be only permitted for five(5)or more contiguous lots
under the same ownership.
b. Such walls shall not encroach into the visibility triangular area formed by measuring
seven and one-half(7.5)feet along the driveway and ten(10)feet along the front
property line at their point of intersection.
c. Such walls shall conform to all other applicable provisions of this section.
B. Required Walls.
2. Industrial screening walls abutting arterial highways shall be architecturally compatible
with surrounding properties, constructed of a minimum six (6)inch wide decorative
masonry block, and designed with landscape pockets at thirty-five(35)foot intervals
along the street side sufficient in size to accommodate at least one(1) 15-gallon tree.
Approval by the Director shall be required prior to construction of such walls.
SECTION I I. Section 230.92, subsections D and E(2), of the Huntington Beach Zoning
and Subdivision Ordinance are hereby amended as follows:
230.92 Landfill Disposal Sites
D. Hazardous Waste Sites. For any land disposal site determined to be a hazardous waste site
by the State Department of Toxic Substances Control and/or the City of Huntington Beach,
the following additional measures shall be taken prior to excavation of such site:
I. All property owners within a half mile radius of the site shall receive written notice of all
public hearings to be held regarding proposed excavation on the site. The cost of
preparing and mailing such notice shall be paid by the operator/applicant.
2. A type of bond, acceptable to the City Attorney,shall be posted by the operator/applicant
insuring that necessary funds are available to restore the site to a safe condition if
excavation is prematurely terminated.
3. Excavation of the site shall be performed in accordance with the requirements of the State
Department of Health Services, and any other public agency with jurisdiction over
hazardous waste sites.
E. Operations Plan Contents. The operations plan shall contain the following:
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 Toxic Substances
Control, the plan shall also include specific measures for evacuation of residents in the
vicinity of the site.
SECTION 12. Section 230.94, subsection F, is hereby amended as follows:
230.94 Carts and Kiosks .
F. Neighborhood Notification. Pursuant to Chapter 241.
ord/05zoning/Chap 230 7
SECTION 13. All other provisions of Chapter 230 not modified herein shall remain in
full force and effect
SECTION 14. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 2nd day of May ,2005.
ATTEST: APPROVED AS TO FORM:
(-L.M- ) /-V I• ft
=3UMMOMME 9 -0, 9- 36 AtIL --
City CIerk —4City A orney J f 05
REVIEWED AND APPROVED: INITI ED AND APPROVED: "[
-;<7
City Administrator Director of Planning
ordl05zoning/Chap 230 8
Ord. No.3710
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1,JOAN L. FLYNN,the duly elected,qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven;that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 18th day of April,2005,and was again read to said City
Council at a regular meeting thereof held on the 2nd day of May,2005, and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Hansen, Coerper, Sullivan,Hardy,Green, Bohr,Cook
NOES: None
insirument is a Cori'Sd
py of the original on file.in this office.
ABSENT: None Attest 20m,
ABSTAIN: None City Clerk and -offlc°so Cle.rk of t e City
Council of the City of Huntington Beach.
I,1oan L.Flynn,CITY CLERK of the City of Huntington ��n
Beach an x
B d ffic'e -o io Clerk of the City Council,do hereby 1 l
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on May 12,2005.
In accordance with the City Charter of said City raw
Joan L.Fl nn Ci Clerk Ci Clerk and ex-officio erk
Deputy City Clerk of the City Council of the City
of Huntington Beach,California
ORDNANCE NO. 3711
AN ORDINANCE OF THE CITY OF HUNTNGTON BEACH
AMENDING CHAPTER 233 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE TITLED SIGNS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 233.04,subsections C and E, of the Huntington Beach Zoning and
Subdivision Ordinance are hereby amended to read as follows:
233.04 Permits Required
C. Sign Code Exception: The Director may grant approval for a sign code exception of not
more than 20 %in sign height or sign area. Ten(10)working days prior to submittal for
a building permit,applicant shall notice adjacent property owners and tenants by first
class mail. Notice of application shall include the following: (3527-2/o2)
I. Name of applicant. (3527 2/02)
2. Location of planned development or use, including address. (3527-2/02)
3. Nature of the proposed development shall be fully disclosed in the notice. (3527-2102)
4. Planning Department phone number and address of City Hall shall be provided in
the notice to call for viewing plans. (3527-2/02)
5. The date by which any comments must be received in writing by the Planning
Department. (3527 2/02)
6. Planning Director shall receive entire list including name and address of those
receiving the mailing. (3527 2/02)
The Design Review Board shall review and render a recommendation to the Director for
sign code exception requests of more than 20 in sign height or sign area supergraphics,
three-dimensional signs, and relief from the strict application of Section 233.06.
Neighborhood Notification required pursuant to Chapter 241. The following findings
shall be made prior to approval of any sign code exception: (3334-6/97,3360-12/97,35272/02))
1. The sign is compatible with the character of the area and is needed due to special
circumstances defined by the applicant and applicable to the property.
(3334-6/97,3360-12/97)
2. The sign will not adversely affect other signs in the area. (3334-6/97)
3. The sign will not be detrimental to properties located in the vicinity. (3334-6/97)
4. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a
hazardous distraction. (3334-6/97)
E. Design Review Board. When authorized by the provisions of this code,the Design
Review Board(DRB)shall review and render a recommendation to the appropriate
decision maker(Zoning Administrator,Director, Planning Commission,etc.)on the
ord/OSzoning/Chap 233 1 Y
following items prior to application for a sign permit to the Building Department: (3360-
12197,3527-2/02)
1. Electronic Readerboard Signs. (3360-12197,3527-2/02)
2. Signs on properties within the following areas: (3360-12/97,3527-2/02)
a. Redevelopment project areas; (3360-12/97,3527-2/02)
b. Areas subject to specific plans which do not include design guidelines for
signs; (3360-12/97,3527-2/02)
C. OS-PR(Open Space-Parks and Recreation)and OS-S(Open Space-
Shoreline districts); and (3360-12/97)
d. Areas designated by the City Council. (3360-12/97)
SECTION 2. Section 233.12 of the Huntington Beach Zoning and Subdivision Ordinance is
hereby amended to read as follows:
233.12 Electronic Readerboards
Electronic readerboards may be permitted subject to the review by the Design Review Board,and
approval of a conditional use permit by the Zoning Administrator. (3334-6/97,3360-12/97)
A. Required Findings: Prior to approving a conditional use permit to allow an electronic
readerboard sign,the Zoning Administrator shall make the following findings: (3334-6/97)
1. The proposed electronic readerboard sign conforms with the standards and criteria as
set forth in this chapter; (3334-&97)
2. The proposed electronic readerboard sign is compatible with other signs on the site
and in the vicinity; (3334-6/97)
3. The proposed electronic readerboard sign will not adversely impact traffic
circulation in adjacent rights-of-way or create a hazard to vehicular or pedestrian
traffic; and (3334-6/97)
4. The proposed electronic readerboard sign shall not have adverse visual impacts on
adjoining commercial and/or residential neighborhoods. (3334-6/97)
B. Readerboard Sign Criteria: (336042/97)
1. Electronic readerboards may be freestanding or wall type signs- (3334-6/97)
2. The maximum number of electronic readerboards shall be one per site.(3334-6/97)
3. The maximum sign area shall be 115 square feet; 90 square feet for message center;
and 25 feet for other information. (3334-6/97)
4. The maximum height of a freestanding electronic readerboard sign shall be
25 feet. (3334-6/97,3360-12/97)
5. The electronic readerboard shall have cylinders,a shade screen and a photocell for
reducing the intensity of lighting at night. (3334-6/97)
ordlOSzoning/Chap 233 2
EM161T �.a
6. The maximum measurable light output of the electronic readerboard shall not
exceed 50 foot-candles at any property line. (3334-6/97)
C. Location Requirements: (3334-6/97)
1. Electronic readerboards shall only be allowed on parcels abutting a freeway and on
parcels abutting Beach Boulevard,excluding the portion along Beach Boulevard
designated as a landscape corridor south of Adams to Pacific Coast Highway. (3334-
6/97)
2. Minimum lot frontage: 200 feet. (3334-6/97)
3. Minimum distance between electronic readerboards: 150 feet.(3334-6/97)
4. Minimum distance to any residence: 150 feet. (3334-6/97)
D. Other Standards: (3334-6/97)
1. Where a site has an electronic readerboard, temporary banners,balloons,flags,etc.
shall be permitted a maximum of 15 days per calendar year. (3334-6/97)
2. Hours of operation: 6:30 AM to 10:30 PM. At least 10 percent of the message
time, or any percentage deemed necessary by the City for emergency conditions,
shall be used for public service announcements. (3334-6/97)
3. Messages in an electronic readerboard shall be no faster than one message every
four seconds, and the minimum interval between messages shall be at least one
second. Continuous motion of messages is not permitted. (333"97)
4. Light intensity changes (other than between day and night uses)are not permitted.
(3334-6/97)
5. In addition to the electronic readerboard sign,one monument sign,maximum of
seven(7) feet in height and a maximum fifty(50) square feet in sign area,may be
permitted and all other signage shall be brought into conformance with this chapter.
(3334-6/97)
SECTION 3. Section 233.14 of the Huntington Beach Zoning and Subdivision Ordinance is
hereby amended to replace the reference to the"Planning Commission"with"Zoning Administrator".
No other changes to this section have been made.
SECTION 4. All other provisions of Chaper 233 not modified herein shall remain in full force
and effect.
SECTION 5. This ordinance shall become effective 30 days after its adoption.
ord/05zoning/Chap 233 3
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 2nd day of May ,2005.
%10*'�4T�7
ATTEST: APPROVED AS TO FORM:
—C--City Clerk U �yAttonniey
REVIEWED AND APPROVED: INITIATED AND APPROVED:
Q
• City A ministrator Director of Planning
ord/OSzoning/Chap 233 4
Ord.No.3711
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1,JOAN L. FLYNN, the duly elected,qualified City Clerk of the City of
Huntington Beach,and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven;that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 18th day of April,2005,and was again read to said City
Council at a re ular meeting thereof held on the 2nd day of May,2005, and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Hansen, Coerper, Sullivan,Hardy,Green,Bohr,Cook
NOES: None
;'GWgoing instrurnerd is a correct
oopy of the original on file in this offi ce.
ABSENT: None 'n
Attest t'V-� ,20
Ohm
ABSTAIN: None City Cleric and Ex-officio Cletk of the Cilly
Council of the City o_f Huntington Beach,
C4-Nornla.
BE'w iaY':
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-olTicio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on May 12,2005.
In accordance with the City Charter of said City QA&4J
J L.FI n Ci Clerk CJUClerk and ex-officio 6ferk
De ut City Clerk of the City Council of the City
of Huntington Beach, California
tXH IU1� � .5
ORDINANCE NO. 3 712
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 241 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE RELATING TO
CONDITIONAL AND TEMPORARY USE PERMITS,VARIANCES;
AND WAIVER OF DEVELOPMENT STANDARDS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 241.02 of the Huntington Beach Zoning and Subdivision Ordinance is .
hereby amended to read as follows:
241.02 Procedures Established
This chapter establishes procedures for approval, conditional approval, or disapproval of
applications for conditional use permits, and variances,temporary use permits, and waivers of
development standards, and neighborhood notification.
A. Conditional use permits are required for use classifications typically having unusual
site development features or operating characteristics requiring special consideration
so that they may be designed,located, and operated compatibly with uses on
adjoining properties and in the surrounding area.
B. Variances may be granted to resolve practical difficulties or unnecessary physical
hardships that may result from the size,shape,or dimensions of a site or the location
of existing structures thereon; from geographic,topographic,or other physical
conditions on the site or in the immediate vicinity; or from street locations or traffic
conditions in the immediate vicinity of the site.
Variances may be granted with respect to fences, walls, landscaping, screening,site
area, site dimensions, yards,height of structures,distances between structures,open
space,off-street parking and off-street loading, and performance standards.
C. Temporary use permits may be granted for temporary use classifications and for
other uses of a temporary nature.
D. Waivers of certain development standards may be granted to improve project design,
subject to limitations.
E. Neighborhood Notification is a procedure that shall notify property owners and
tenants within a 300 foot radius when no entitlement is required.
SECTION 2. Section 241.04 of the Huntington Beach Zoning and Subdivision Ordinance is
hereby amended to read as follows:
241.04 Authority of Planning Commission and Zoning Administrator
The Planning Commission or the Zoning Administrator, as the case may be,shall approve or
conditionally approve applications for conditional use permits or variances upon finding that the
proposed conditional use permit or variance is consistent with the General Plan, and all applicable
requirements of the Municipal Code, consistent with the requirements of Section 241.10. The
ord/05zoning/Chap 241 1
F_ 01�3F R . 1
Ordinance No. 3712
Planning Commission shall act on all variances except the Zoning Administrator may act on
variances not exceeding twenty percent deviation from site coverage,separation between buildings,
height,setback,parking, and landscape requirements. (3334-&97,3410-3iss)
SECTION 3. Section 241.20,subsections B and C of the Huntington Beach Zoning.and
Subdivision Ordinance are hereby amended to read as follows:
241.20 Temporary Use Permits
B. Director. The Director shall act on temporary uses held for four or fewer
consecutive days that do not include live entertainment. The Director shall approve,
approve with conditions, or deny a complete application within a reasonable time.
No notice or public hearing shall be required for uses which are held for 4 or fewer_
consecutive days. Such uses shall be approved with a temporary activity permit.
(3528B-2102)
C. Duties of the Zoning Administrator. The Zoning Administrator shall act on
temporary uses held for more than four days or that include live entertainment. The
Zoning Administrator shall approve,approve with conditions,or deny a complete
application within a reasonable time. (352sB-ZW)
SECTION 4. Section 241.22,subsection D,of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
241.22 Waiver of Development Standards
D. Limitations. A waiver may not be granted if the waiver would in any way degrade the
environment or result in any changes to classification of land use or density. Also,
projects not otherwise subject to discretionary review(i.e., conditional use permit,
variance,coastal development permit,or subdivision approval)may not apply for
waiver
SECTION 5. Section 241.24 is hereby added to the Huntington Beach Zoning and
Subdivision Ordinance, said section to read as follows:
241.24 Neighborhood Notification
When no entitlement is required and the use requires such notification as stated in the Zoning and
Subdivision Ordinance or Downtown Specific Plan,the review and approval process shall include
an Administrative Permit and notification to property owners and tenants within a 300-foot radius
of the subject property.
Notification requirements are as follows:
A. Notification. Ten(10)working days prior to submittal for a building permit or
certificate of occupancy or approval for initial establishment of the use,the
applicant shall notice property owners and tenants by first class mail.
B. Notice of Application shall include the followinw.
1. Name of applicant.
2. Location of planned development or use, including address. (map is
optional)
ord/05zonint/Chap 241 2
ORDINANCE NO. 3712
3. Complete description of the proposed development or use such that
there is full disclosure in the notice.
4. Planning Department phone number and address of City Hall where
plans may be reviewed.
5. The date by which any comments must be received in writing by the
Planning Department and City appeal procedures.
6. Planning Department shall receive entire list including name and
address of those receiving the mailing.
C. Notice of Action. The Director's decision shall be made in writing with information
regarding the appeal process and sent to the applicant and the City Council on the next
business day and posted. on the City s website.
D. Appeals. The Director's decision may be appealed in accord with Chapter 248.
SECTION 6. All other provisions of Chapter 241 not modified herein shall remain in full
force and effect.
SECTION 7. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 16 t h day of Ma , 2005.
ATTEST: 5APZVED AS TO FORM:
(—Y)
City Clerk City Attorney �'lups
REVIEWED AND APPROVED: INITIAT D AND APPROVED:
City Administrator Director of Planning
ord/05zoning/Chap 241 3
t�H1131� �.3
Ord. No. 3712
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I,JOAN L. FLYNN, the duly elected,qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 2nd day of May,2005, and was again read to said City
Council at a regular meeting thereof held on the 16th day of May,2005, and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Hansen, Coerper, Sullivan,Hardy, Green,Bohr, Cook
NOES: None
7r.s5rego Ea instrLmpent ia a bra ac:d
Qcpy of the ofiginal on fib in thefte of .
ABSENT: None Attest Yt 20�L
ABSTAIN: None MY Clerk and Ex-officio Cle0k of the Cihi
Council of the City of Huntington BeseN,
C�.la�ornia.
1,loan L.Flynn,CITY CLERK of the City of Huntington �q�
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on May 12,2005_
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk y Clerk and ex-off ci lerk
• _ A Deputy City Clerk of the City Council of the City
of Huntington Beach,California
ORDINANCE NO. 3 713
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE DOWNTOWN SPECIFIC PLAN REGARDING
DEVELOPMENT STANDARDS
The City Council of the City of Huntington Beach does hereby ordain as follows:
The Downtown Specific Plan of the City of Huntington Beach, Chapter 4-Development
Standards, is hereby amended by modifying certain sections thereof as follows:
SECTION 1. The Downtown Specific Plan shall be amended to change all references to
the"Huntington Beach Ordinance Code"to the"Huntington Beach Zoning and Subdivision
Ordinance."
SECTION 2. The Downtown Specific Plan of the City of Huntington Beach shall be
amended to change all references to the"Department of Community Development"to the
"Department of Planning".
SECTION 3. Section 4.1.01 shall be amended to read as follows:
4.1.01 Approvals Required
All development within the Downtown Specific Plan shall be subject to one or more of
the following,as identified in each district: a Conditional Use Permit from the
Planning Commission,and/or Zoning Administrator; review and recommendation of
the Director pursuant to the Design Review Board provisions of the Huntington Beach
Zoning and Subdivision Ordinance.
All physical development shall be required to be reviewed by the Design Review Board
prior to processing additional entitlements if required. The Historical Resources Board
shall provide recommendations for structures considered to be historically significant_
In addition,a Conditional Use Permit shall be required for any residential cooperative
subdivision, mixed-use development,or any project which requires a special permit
(Section 4-1.02). The Director, Design Review Board,Zoning Administrator,Planning
Commission or the City Council shall also consider the following:
(a) Projects shall be in conformance with the adopted Design Guidelines for the area.
(b) 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.
(c) Architectural features and complimentary colors shall be incorporated into the
design of all exterior surfaces of the buildings in order to create an aesthetically
pleasing project.
(d) Particular attention shall be given to incorporating signs, including their colors,
into the overall design of the entire development in order to achieve uniformity.
ord/05zoning/DowntownSP 20024-6-05 version
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(e) Vehicular accessways shall be designed with landscaping and building variation to
eliminate an alley-like appearance.
SECTION 4. Section 4.1.02 shall read as follows:
4.1.02 Special Permit
The Downtown Specific Plan development standards are designed to encourage
developments creating an aesthetically pleasing appearance,enhancing the living
environment,and facilitating innovative architectural design and adaptation of the
development to the unique surrounding environment.
A special permit may not be granted for deviations from maximum density or parking
or from requirements of the Conservation Overlay in any district. Nor shall any special
permits be granted for deviations from maximum building height in District 1,2,4, 10,
lI.
Special Permits allow for minor deviations from the development regulations of this
Specific Plan. Special Permits may be granted at the time of project approval for
unique architectural siting or features,including but not limited to site coverage,
setbacks,open space and landscaping.
Special Permits shall only be allowed when, in the opinion of the Planning Commission
or Zoning Administrator, significantly greater benefits from the project can be provided
than would occur if all the minimum requirements were met. Some additional benefits,
which may make a project eligible for approval of Special Permits include: greater
open space,greater setbacks,unique or innovative designs,public parking,public open
space, and the use of energy conservation or solar technology. The developer may
request a Special Permit at the same time as the filing of an application for a
Conditional Use Permit and both requests shall be heard concurrently. The Planning
Commission and Zoning Administrator may approve the Special Permit in whole or in
part only upon the finding that the proposed development, in addition to providing
greater benefits as required above,will also:
(a) Promote better living environments; and
(b) Provide better land planning techniques with maximum use of aesthetically
pleasing types of architecture,landscaping,site layout and design; and
(c) Not be detrimental to the general health,welfare, safety and convenience of the
neighborhood or City in general,nor detrimental or injurious to the value of
property or improvements of the neighborhood or of the City in general; and
(d) Be consistent with objectives of the Downtown Specific Plan in achieving a
development adapted to the terrain and compatible with the surrounding
environment; and
(e) Be consistent with the policies of the Coastal Element of the City's General Plan
and the California Coastal Act; and
(f) Comply with State and Federal law.
SECTION 5. Section 4.2, GENERAL PROVISIONS,shall read as follows:
ord/05zoning/DowntownSP 20024-6-05 version
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The general provisions of this article shall apply to all developments within the
Downtown Specific Plan area wherever the size or type of development proposed
would make such provisions applicable.
All development shall comply with all existing standard plans and specifications and all
applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance and
Municipal Codes.
SECTION 6. Section 4.2.01 shall be amended to read as follows:
4.2.01 Permitted Uses- Permitted uses shall be established in each District and shall be
required to meet all applicable provisions of the Huntington Beach Zoning and
Subdivision Ordinance. In addition,the following shall apply:
(a) All structures incidental and accessory to a permitted principal use or structure
may be erected on any parcel containing a main building provided that such
structure(s)shall not exceed fifteen(15)feet in height nor to be closer than ten
(10)feet to any other structure on the same parcel and shall conform with all
setback requirements of the District.
Exception: Parking structures are excluded from this provision.
(b) Parcels which,prior to the effective date of this ordinance, had an oil suffix
(O,OI)and are identified in Figure 4.14, shall retain such suffix in combination
with the new zoning designation "Downtown Specific Plan" (see Section 4.14).
(c) Parcels which, prior to the effective date of this ordinance,had a Mobile home
District(MH), shall retain such designation in combination with the new zoning
designations in the "Downtown Specific Plan" serving as an overlay,for the
effected Districts(see Section 4.16).
(d) All non conforming uses or structures,or uses which have been abandoned for
more than six(6)months, shall be required to meet all applicable provisions of the
Huntington Beach Zoning and Subdivision Ordinance in each of the following:
Any expansion of floor area greater than ten(10)percent; increase in
height;or an increase in the permitted density shall require a conditional
use permit to the Zoning Administrator and shall be required to comply
with all applicable provisions of the Huntington Beach Zoning and
Subdivision Ordinance. Deviations to parking and density development
standards are not allowed. Minor deviations to other development
standards shall be subject to special permits.
Any change of use,expansion of use,or change in occupant to a use which
would require additional off street parking shall provide the required off
street parking according to the Huntington Beach Zoning and Subdivision
Ordinance or as required by the Downtown Parking Master Plan.
If fifty percent(50%)or more of an existing structure is demolished and
reconstructed,the new structure must provide the required off-street
parking. The parking may be provided through the payment of in-lieu fees
as allowed by the Downtown Specific Plan in-lieu fee parking program.
ord/05zoningf DowntownSP 20024-&05 version
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EXki\16V f S .3
Exception: Any building alteration,rehabilitation or facade improvement
which does not exceed ten(10)percent expansion of the existing floor
area; does not increase the height;or result in an increase in permitted
density. The Design Review Board shall review and approve any
proposed exterior modifications.
SECTION 7. Section 4.2.29,subparagraph(iv), shall be amended to read as follows:
4.2.29 Compliance with certain requirements of the Coastal Zone(CZ) Suffix:
iv) Outdoor Dining: Outdoor dining on public or private property may be permitted subject
to review and approval by the Director of Planning with Neighborhood Notification
(pursuant to HBZSO),when in compliance with this Section. The sale of alcohol shall
be subject to the review and approval of a conditional use permit by the Zoning
Administrator and compliance with this section.
Exception: For any existing restaurant with alcohol sales with an existing outdoor
dining area,the sale of alcohol in the outdoor dining area shall be subject to the review
and approval by the Director of Planning and the Police Chief with Neighborhood
Notification pursuant to Chapter 241 and compliance with this section.
1) Location and design criteria.
Outdoor dining shall conform to the following location and design criteria:
a) The outdoor dining shall be an extension of an existing or proposed eating
establishment on contiguous property.
b) Outdoor dining Iocated on the sidewalk area of the public right-of-way shall
be limited to commercial areas within the Downtown Specific Plan.
c) Outdoor dining located on the sidewalk area of the public right-of-way of the
first block of Main Street and Pacific Coast Highway within District 3 and on
the Municipal Pier shall provide a minimum ten(10) foot clear passage area
for pedestrian access. Outdoor dining located on the sidewalk area of the
public right-of-way and on all other areas shall provide a minimum eight(8)
foot clear passage area for pedestrian access. A wider clear passage area may
be required at the discretion of the Director or Zoning Administrator.
d)No outdoor dining shall be allowed in mini-parks,publicly owned plazas,or
beach areas excluding concession carts with no seating.
e) Outdoor dining establishments which do not serve alcohol and are located on
public property shall be separated from the clear passage area on the public
sidewalk and/or pedestrian walkway by a temporary cordon and removed
when not in use.
f)Establishments which serve alcoholic beverages outdoors are required to
provide a physical barrier of 36 inches in height surrounding the outdoor dining
area that will prohibit passing of alcohol through the barrier.
g)All tables,chairs,and umbrellas of outdoor dining located on public property
shall be removed when not in use.
ord/05zoning/DowntownSP 20024-6-05 version
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h)Outdoor dining on private sidewalk areas shall provide a minimum eight(8)
foot clear passage area for pedestrian access or a permanent cordon shall
surround the outdoor dining area and a minimum five(5) foot clear passage
area shall be provided.
i)At street intersections, the triangular area formed by measuring 25 feet along the
curb lines, shall be clear passage area.
j)Temporary,mobile or free-standing food service providers are not eligible
under these provisions.
2) Operating requirements,provisions,and conditions.
a) A License Agreement including use fees shall be obtained from the City for
outdoor dining located on public property. The License Agreement shall be
subject to termination at any time upon a 10-day prior written notice upon
determination of the Director or Zoning Administrator that one or more of the
conditions or provisions of this Section 4.2.33 have been violated or that one
or more factors listed in Subsection(5)below have changed and the permitted
use is no longer compatible with the intended use of the public right-of-way or
public property. Termination of a License Agreement shall nullify the
conditional use permit.
b) The applicant shall enter into a Maintenance Agreement with the City for
maintenance of all portions of the public property used and approved by the
Director or Zoning Administrator for the outdoor dining. Said agreement shall
be submitted to and approved by the Department of Public Works prior to
commencement of the use.
c) All outdoor dining operators shall provide a public liability insurance policy as
specified in all current insurance resolutions. Such liability insurance shall be
provided in a form acceptable to the City Attorney. The policy shall name the
City of Huntington Beach as an additional insured and shall be maintained at
all times.
d) No food or beverages of any nature shall be sold to any occupant or rider of
any motor vehicle or bicycle.
e) Alcoholic beverages shall be served in glass containers only. Each glass
container shall be permanently printed with a number identifying the
establishment serving alcohol.
f) The applicant(or operator) shall pay all fees and deposits required by the
Huntington Beach Municipal Code, including the fee established for use of
public property, prior to operation of the outdoor dining use.
g) All provisions of the Huntington Beach Municipal Code and Zoning and
Subdivision Ordinance shall apply.
h) Alcoholic beverages may be served on public and/or private property subject
to the provisions provided herein.
i) The conditional use permit may be transferred upon sale or transfer of the
restaurant subject to a written request approved by the Zoning Administrator
and the property owner. An amendment to the License Agreement will be
ord/05zoninWDowntownSP 20024-6-05 version
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. Ex H tzi-r S.5
required prior to transfer of the conditional use permit for outdoor dining on
public property. A conditional use permit transfer or License Agreement
renewal or amendment may be denied if one of the factors listed in Subsection
(5) have changed and the permitted use is no longer compatible with the
intended use of the public right-of-way.
3) Parking.
Parking shall comply with the Huntington Beach Zoning and Subdivision
Ordinance or the Downtown Parking Master Plan;however,no parking spaces
shall be required for the outdoor dining portion of the restaurant if the outdoor
dining area does not exceed the following:
Total Restaurant Area Outdoor Dining Area
a) 1,200 sq. ft. or less with: Maximum 5 tables
and 20 seats
b)greater than 1,200 sq. ft. with: Maximum of 20%of
the restaurant area,
not to exceed 400 sq. ft.
Any outdoor dining area which exceeds these standards shall provide 100%of the
required parking for the entire area.
4) Enforcement.
Enforcement of Section 4.2.33 shall be by the Director of Planning or his/her
designee.
Any outdoor dining use within the Downtown Specific Plan that has been
established without prior conditional use permit approval must obtain a
conditional use permit and if located on public property,a License Agreement
within 90 days following the effective date of this ordinance. Any establishment
that plans to serve alcoholic beverages in an outdoor dining area must obtain a
new conditional use permit and a new License Agreement from the City.
5) Necessary Findings.
a) In order to approve outdoor dining the Director or Zoning Administrator shall
make the following findings: The sidewalk's public use,pedestrian,transit
and business services including but not limited to loading zones,bus stops,
public phones, and benches, are not restricted.
b) Building entryways are not obstructed.
c) Pedestrian traffic volumes are not inhibited.
d) Handicapped accessibility is provided where required.
SECTION 8. Section 4.3.01 shall be amended to read as follows:
4.3.01 Permitted Uses.
ord/05zoning/DowntownSP 20024-"5 version
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�XTT�
(a) The following list of Visitor-Serving Commercial uses in District No. 1 may be
allowed. Other visitor serving related uses as described in the Land Use Plan, and
which have the same parking demand as the existing use not specified herein may
be allowed subject to the approval of the Director. Change of use shall be subject
to the approval of the Director. For Example:
Art gallery
Bakery
Banks and savings and loans branch offices (no drive-up windows;not to
exceed five thousand(5,000)square feet)
Beach,swimming and surfing equipment
Bicycle sales,rental and repair
Boat and marine supplies
Bookstores
Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach
Zoning and Subdivision Ordinance
Clothing stores
Delicatessens
Drug stores
Florists
Grocery(convenience)
Ice cream parlors
Laundromats,Laundries
Meat or fish markets
Newspaper and magazine stores
Newsstands
Office
Outdoor dining pursuant to 5.4.2.33
Photographic equipment sales
Photographic processing
Public Facilities
Shoe stores
Sporting goods
Tourist related public and semipublic buildings, services and facilities
Travel agency
(b) The following list of Visitor Serving Commercial uses or change of such use in
District No. 1 may be allowed subject to approval of a Conditional Use Permit
from the Zoning Administrator. For example:
Dry Cleaning
Restaurants
(c) The following list of Visitor Serving Commercial uses and any new construction,
or change of such use in District No. 1 may be allowed subject to approval of a
Conditional Use Permit from the Planning Commission. For example:
Dancing and/or live entertainment
Health and sports clubs
Liquor Stores
Motels
Permanent parking lots and parking structures
Residential uses pursuant to (e)below
ord/05zoningfaowntownSP 20024-"5 version
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Service station(minimum 14,000 square feet of net lot area,subject to the
development standards outlined in Section 9220.14 of the Huntington Beach:
Zoning and Subdivision Ordinance)
(d) Visitor-serving commercial uses must be a part of all development proposed in
this District,with the following minimum requirements:for projects with Iess
than a half-block of frontage,the entire street level must be devoted to visitor-
serving uses;for projects with a half-block or more of frontage,either the entire
street level, or at least one-third(1/3)of the total floor area must be devoted to
visitor-serving commercial uses.
(e) Residential uses are allowed only in conjunction with visitor-serving commercial
uses. The required visitor-serving commercial portion of any initial construction
shall be provided prior to or at the same time as any residential portion. No
residential unit shall be occupied until the required commercial portion is
completed. Projects which are proposed to be phased must proportionately
develop the commercial and residential concurrently.
SECTION 9. Section 4.4.01 shall be amended to read as follows:
4.4.01 Permitted Uses. The following residential uses may be allowed in District No.2: For
example:
(a) Single Family Detached Dwellings that comply with the development standards
herein may be allowed subject to approval by the Director.
(1) Parking requirements shall be subject to Section 231.04 of the HBZSO,
RMH-A District.
(2) Maximum building height shall be three stories and 35 feet. All provisions
of Section 210.06 (M)(I)shall apply except for subdivisions(c), (d)(l), and
(d)(2) including its subparts In addition,the building height in the front and
rear 25 feet of the lot shall be a maximum of 25 feet-
(3) See Section 4.4.02.
(b) New construction of multi-family housing, apartments,condominiums,and stock-
cooperatives are subject to the approval of a Conditional Use Permit from the
Zoning Administrator.
SECTION 10. Section 4.5.01 shall be amended to read as follows:
4.5.01 Permitted Uses.
(a) The following list of uses which establishes a commercial core and which serves
as the transition between visitor-serving and year round commercial uses in
District No. 3 may be allowed. Other visitor serving related uses as described in
the Land Use Plan,and which may have the same parking demand as the existing
use not specified herein may be allowed pursuant to (d) below subject to the
approval of the Director. Change of use shall be subject to the approval of the
Director: For example:
Art gallery
ord/05zoninV%wntownSP 20024-"S version
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EA tbIT 3S
Bakeries
Banks and savings and loans branch offices(no drive-up windows;not to
exceed five thousand(5,000)square feet)
Barber,beauty,manicure shops
Beach, swimming and surfing equipment
Bicycle sales, rental and repair
Boat and marine supplies
Bookstores
Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach
Zoning and Subdivision Ordinance
Clothing stores
Delicatessens
Drug stores
Florists
Ice cream parlors
Newspaper and magazine stores
Newsstands
Outdoor dining pursuant to S.4.2.33
Photographic equipment sales
Photographic processing
Shoe stores
Sporting goods
Tourist related public and semi-public buildings, services and facilities
Travel Agency
(b) The following list of uses or change of such use in District No. 3 may be allowed
pursuant to(d)below subject to approval of a Conditional Use Permit from the
Zoning Administrator- For example:
Restaurants
Retail sales, outdoor
Theaters
Note: The ground floor or street level of all buildings in this District shall be devoted
to visitor-serving commercial activities.
(c) The following list of uses and any new construction,or change of such use in
District No. 3 may be allowed pursuant to(d)below subject to approval of a
Conditional Use Permit from the Planning Commission: For example:
Hotel and licensed bed and breakfast designed as a commercial
establishment
Dancing and/or live entertainment
Health and sports clubs
Liquor stores
Permanent Parking lots and parking structures
Residential uses pursuant to(d)
(d) All uses and new construction shall comply with the following development
requirements:
• The ground floor or street level of all buildings in this District fronting Main
Street and Pacific Coast Highway shall be devoted to visitor-serving commercial
activities.
ord/05zoning/DowntownSP 20024-6-05 version
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�X�1�tT S •-J
• Visitor-serving commercial uses must be a part of all development proposed in
this District with a minimum requirement that the entire street level, or at least
one-third (1/3)of the total floor area be devoted to visitor-serving commercial
uses.
• Residential uses shall only be permitted if the development includes
consolidation of a one block or greater area. Residential uses are allowed only
in conjunction with visitor-serving commercial uses. Up to one-half(1/2)of the
floor area of projects may be devoted to residential uses.
• The required visitor-serving commercial portion of any project shall be provided
prior to or at the same time as any residential portion. No residential unit shall
be occupied until the required commercial portion is complete.
• In the event of a consolidation of a minimum one block area,non-priority
(residential)uses may be located in separate structures or on separate portions of
the parcel in the context of a planned development,provided no less than one-
half of the total floor area permitted is devoted to visitor-serving uses,and
provided that substantial public open space and pedestrian access amenities are
provided to maintain a predominantly visitor-serving orientation.
SECTION 11. Section 4.6.01, subparagraph(b), shall be amended to read as follows:
4.6.01 Permitted Uses
(b) The following list of uses and any new construction,or change of such use in
District No. 4 may be allowed subject to approval of a Conditional Use Permit
from the Zoning Administrator: For example:
• Residential Use -multi-family housing, apartments, condominiums and stock
cooperatives.
• Mixed-Use -Mixed Residential/Office Use developments shall be permitted
provided that residential uses:
Be segregated to a separate structure or restricted to the second story or
above;
Not occupy any portion of the same story with non-residential uses,unless
they are provided with adequate physical and acoustical separation;
Be on contiguous floors within a single structure;
Be provided with separate pedestrian ingress and egress;
Be provided with secured, designated parking.
SECTION 12. Section 4.6.03 shall be amended to read as follows:
4.6.03 Maximum Density/Intensity. The maximum intensity of development shall be
calculated by maximum Floor Area Ratio(FAR)for the District. The Floor Area Ratio
shall apply to the whole District. The Floor Area Ratio shall be 1.5 calculated on net
acreage, except that for a single family residence,the maximum FAR shall be 1.0.
ord/05zoning/DowntownSP 20024-6-05 version
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Lot Size(Frontage) Maximum Allowable Density
Less than 50' 1 du
5l'up to full block 1 du/1,452 sq. ft. of net lot area or 30 units
per net acre
SECTION 13. Section 4.7.01 shall be amended to read as follows:
4.7.01 Permitted Uses.
(a) The following list of uses which establishes a commercial core and which serves
as the transition between visitor-serving and year round commercial uses in
District No. 5 may be allowed. Other commercial/off ce/residential related uses
not specified herein may be allowed subject to the approval of the Director.
Change of use shall be subject to the approval of the Director: For Example:
Antique stores
Art gallery
Bakeries
Banks and savings and loans branch offices
Barber, beauty,manicure shops
Beach, swimming and surfing equipment
Bicycle sales, rental and repair
Boat and marine supplies
Bookstores
Boutiques
Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach
Zoning and Subdivision Ordinance
Clothing stores
Delicatessens
Drug stores
Dry cleaning
Florists
Groceries
General retail
Hardware stores
Hobby supplies
Ice cream parlors
Jewelry stores
Laundromats
Newsstands
Office Supplies
Offices
Outdoor dining pursuant to S.4.2.33
Photographic equipment sales
Photographic processing
Public facilities
Shoe repair
Shoe stores
Sporting goods
Stationery stores
Tailor shops
Travel agency
ord/05zoning0owntownSP 20024-"5 version
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E\/IA VB ITS.11
(b) The following list of uses or change of such use in District No. 5 may be allowed
pursuant to(d)below subject to approval of a Conditional Use Permit from the
Zoning Administrator: For example:
Restaurants
(c) The following list of uses and any new construction, or change of such use in
District No. 5 may be allowed pursuant to(d)below subject to approval of a
Conditional Use Permit from the Planning Commission: For example:
Dancing and/ live entertainment
Health and sports clubs
Liquor stores
Permanent parking lots and parking structures
Residential uses as part of a Mixed Use Development
(d) All uses and new construction shall comply with the following development
requirements:
• The street level of all buildings fronting Main Street and 5th Street in this
District shall be devoted to commercial activities. (i)Commercial or residential
may be permitted on the street level between Olive and Orange Avenue fronting
5th Street and 3rd Street.
• The following uses may be permitted above the first floor:
(i)Commercial Use- all commercial uses allowed on the first floor may be
allowed on the second floor.
(ii)Office Use-professional,general business and non-profit offices provided
that:
No sales either wholesale or retail which involve delivery of any
goods or material to or from the premises occur.
No inventory is kept on the premise other than samples.
No processing,manufacturing,storage or repair of merchandise of
any kind occurs.
• Residential Use—Multiple family residential uses are allowed only in
conjunction with commercial uses in this District. Detached single family units
are not permitted. Up to one-third(1/3)of the floor area of projects on parcels
smaller than one-half(1/2)block may be devoted to residential uses;projects on
one-half(1/2)block or larger parcels,except projects fronting on Main St.,up to
two-thirds(2/3)of the floor area may be devoted to residential uses;projects on
full block or larger parcels,fronting on Main St.,up to one-half(1/2)of the
floor area may be devoted to residential uses provided that residential uses in
addition to the following:
Be segregated to a separate structure or restricted to the second
story or above;
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Not occupy any portion of the same story with non-residential uses,
unless they are provided with adequate physical and acoustical
separation;
Be on contiguous floors within a single structure;
Be provided with separate pedestrian ingress and egress;
Be provided with secured, designated parking.
SECTION 14. Section 4.8.01 shall be amended to read as follows:
4.8.01 Permitted Uses
(a) The following list of uses which establishes new neighborhood commercial uses
and which cater to year round residents in District No. 6 may be allowed. Other
commercial/office/residential related uses not specified herein may be allowed
pursuant to(d)below subject to the approval of the Director. Change of use shall
be subject to the approval of the Director: For Example:
Antique stores
Art Gallery
Bakeries
Banks
Barber,beauty, manicure shops
Bicycle sales,rental and repair
Bookstores
Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach
Zoning and Subdivision Ordinance
Clothing stores
Delicatessens
Drug stores
Dry cleaning
Florists
Glass shops
Groceries
Hardware stores
Ice House
Laundromats, laundries
Newspaper and magazine stores
Newsstands
Offices
Outdoor dining pursuant to 5.4.2.33
Photographic equipment sales
Photographic processing
Photographic studios
Public facilities
Shoe repair
Shoe stores
Sporting goods
Tailor shops
Travel agency
Undertakers
ord/05zoning/DowntownSP 20024-6-05 version
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X�AkblT S . t3
(b) The following list of uses or change of such use in District No. 6 may be allowed
pursuant to(d)below subject to approval of a Conditional Use Permit from the
Zoning Administrator: For example:
Restaurants
(c) The following list of uses and any new construction,or change of such use in
District No. 6 may be allowed pursuant to(d)below subject to approval of a
Conditional Use Permit from the Planning Commission: For example:
Dancing and/or live entertainment
Health and sports clubs
Liquor stores
Permanent parking lots and parking structures
Residential Uses
(d) All uses and new construction shall comply with the following development
requirements:
• Residential uses are allowed in conjunction with commercial uses and/or
separate from commercial uses in this district subject to conditional use permit
from the Planning Commission. Single family dwellings are subject to Director
approval. The following shall apply:
All ground level uses of buildings fronting Main Street within the Downtown
Specific Parking Master Plan(DTPMP)boundaries(between Orange Ave. and
Acacia Ave.)shall be commercial. -
(e) The frontage on 3rd and Lake Streets between Orange and Palm Avenues may be
residential.
SECTION 15. Section 4.9.01 shall be amended as follows:
4.9.01 Permitted Uses.
(a) The following list of Visitor-Serving Commercial uses in District No. 7 may be
allowed. Other visitor serving related uses as described in the Land Use Plan,and
which have the same parking demand as the existing use not specified herein may
be allowed subject to the approval of the Director. Change of use shall be subject
to the approval of the Director:
Art gallery
Bakeries
Banks and savings and loans branch offices(not to exceed five-thousand
(5,000)square feet)
Beach,swimming and surfing equipment
Bicycle sales,rental and repair
Boat and marine supplies
Bookstores
Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach
Zoning and Subdivision Ordinance
Clothing stores
Delicatessens
Florists
ord/05zoning/DowntownSP 20024-"5 version
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Groceries(convenience)
Ice cream parlors
Laundromats,laundries
Meat or fish markets
Newspaper and magazine stores
Newsstands
Outdoor dining pursuant to S.4.2.33
Photographic equipment sales
Photographic processing
Professional Office(not to exceed fifty [501 percent of total floor area)
Public Transportation Center
Shoe stores
Sporting goods
Tourist related public and semi-public buildings, services and facilities
Travel agency
Note: Visitor-serving commercial uses must be a part of all development proposals in
this District,with a minimum requirement that the entire street level be devoted to
Visitor-Serving Commercial Uses.
(b) The following list of uses or change of such use in District No. 7 may be allowed
subject to the approval of a Conditional Use Permit from the Zoning
Administrator. For examplei.
Automobile service stations
Dancing and/or live entertainment
Health and sports clubs
Liquor stores
Restaurants
Taverns
Theaters
(c) The following list of uses and any new construction,or change of such use in
District No.7 may be allowed subject to the approval of a Conditional Use Permit
from the Planning Commission. For example:
Hotels and motels
Permanent parking lots and parking structures
Timeshare Units pursuant to section 4.9.12
SECTION 16. Section 4.11.02 shall be amended as follows:
4.11.01 Permitted Uses.
(a) The following list of commercial recreation uses in District No. 9 may be allowed.
Other visitor serving related uses as described in the Land Use Plan, and which
have the same parking demand as the existing use not specified herein may be
allowed subject to the approval of the Director. A change of use shall be subject
to the approval of the Director. For example:
Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach
Zoning and Subdivision Ordinance
Retail sales
Tourist related uses
ord/05zoningMowntownSP 20024-&05 version
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UW-BIT S. i`�
Outdoor dining pursuant to 5.4.2.33
(b) The following list of uses or change of such use in District No. 9 may be allowed
subject to approval of a Conditional Use Permit from the Zoning Administrator.
For example:
Dancing and/or Live entertainment
Recreational facilities
Restaurants
(c) The following list of uses and any new construction, or change of such use in
District No. 9 may be allowed subject to approval of a Conditional Use Permit
from the Planning Commission. For example:
Hotels, motels
Timeshare Units pursuant to section 4.11.13
SECTION 17. Section 4.12.01 shall be amended to read as follows:
4.12.01 Permitted Uses.
(a) The following list of pier related commercial uses in District No. 10 may be
allowed. Other pier related uses as described in the Land Use Plan, and which
have the same parking demand as the existing use not specified herein may be
allowed subject to the approval of the Director. A change of use shall be subject
to the approval of the Director. For example:
Bait and tackle shops
Beach rentals
Carts and Kiosks pursuant to Section 230.94 of the Hiintington Beach
Zoning and Subdivision Ordinance
• Retail sales(beach-related)
• Outdoor dining pursuant to 5.4.2.33
(b) The following list of uses or change of such use in District No. 10 may be allowed
subject to approval of a Conditional Use Permit from the Zoning Administrator.
For example:
Museums
Restaurants(including fast food with take out windows)
(c) The following list of uses and any new construction,or change of such use in
District No. 10 may be allowed subject to approval of a Conditional Use Permit
from the Planning Commission. For example:
Aquariums
Commercial uses or public recreation facilities(beach-related)
Parking lots that will not result in the loss of recreational sand area. Tiered
parking is permitted within the Downtown Specific Plan area on existing
lots seaward of Pacific Coast Highway provided the parking is designed so
that the top of the structures including walls,etc., are located a minimum of
one foot below the maximum height of the adjacent bluff.
Note: Only parking uses are permitted in this District northwest of Sixth Street.
ord/05zoning/DowntownSP 20024-6-05 version
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SECTION 18. All other provisions of the Downtown Specific Plan not modified herein
shall remain in full force and effect.
SECTION 19. This ordinance shall become effective immediately upon certification by
the California Coastal Commission.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 2nd day of May ,2005.
a
ATTEST: APPROVED AS TO FORM:
N ^ n
City Clerk City A orney Z(�105
S
INIT TED AND APPROVED:
REVIEWED AND APPROVED:
Director o Planning
City dministrator
ord/05zoninWDowntownSP 20024-6-05 version
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F xkw3 T S. 1'7
Ord. No. 3713
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1,JOAN L. FLYNN, the duly.eleeted,qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven;that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 18th day of April,2005,and was again read to said City
Council at a regular meeting thereof held on the 2nd day of May,2005, and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Hansen, Coerper,Sullivan,Hardy, Green,Bohr,Cook
NOES: None foregoing trta*ne'-A is a con-e-A
Qcpy of the original on file in this offics.
ABSENT: None Arrest g®r' '
City Clerk and Ex-ofiicio Clerk bf the C6t°;
ABSTAIN: None council of the City pof,� Huntington Beach.
;e €rrnia.
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on May 12,2005.
In accordance with the City Charter of said City
Joan L.FIM,Cily Clerk C(JClerk and ex-officio erk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
CX�W61T � . 1�
ORDINANCE NO. 3657
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 235 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE RELATING TO
RESIDENTIAL CONDOMINIUM CONVERSIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. That Section 235.02 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
235.02 Definitions
The following definitions shall apply to the provisions of this chapter except where the context
indicates otherwise. General definitions are contained in Chapter 203.
A. Applicant: The owner, developer, subdivider or authorized agent of a project.
B. Date of approval: The date the Zoning Administrator, Planning Commission,
or City Council on appeal, approves the conditional use permit and tentative
subdivision or parcel map applications. However, if the project is located in
appealable area of the coastal zone and includes action on a coastal development
permit, Section 248.30 shall apply.
C. Date of conversion: The date a final map for a project was approved by the City
Council or parcel map for a project was approved by the City Engineer.
D. Project: An existing apartment house, apartment complex,apartment hotel,
hotel,multiple dwelling or group dwelling proposed for conversion to a
condominium, community apartment, or stock cooperative.
E. Affordable unit: A residential unit, sold to or occupied by a tenant earning
up to 100 percent of Orange County's gross median income, as determined by the
County of Orange, and shall include any subsequent change in such income range,
adopted by the Housing Agency of Orange County.
F. Tenant: One or more persons.
SECTION 2. That Section 235.04 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
235.04 Permits Required
In addition to the applicable requirements and procedures set forth in Title 25, Subdivisions,
conversions of existing rental housing to condominiums, community apartments, stock
ord/04zoning/chap 235 revised/7/14/04 I
Ordinance No. 3657
cooperatives and any other subdivision which is a conversion of existing rental housing shall be
subject to the additional requirements of this chapter. Conversions shall be subject to conditional
use permit approval by the Planning Commission pursuant to Chapter 241. Within the coastal
zone, a coastal development permit shall also be required.
Exception for apartments and stock cooperatives with two to four units on a parcel that were sold
as condominium units without approval of a conditional use permit and tentative parcel map
prior to June 1,2004: the provisions of Title 25, Subdivisions,and only Sections 235.02,235.04,
235.06 B., 235.08 A.—C., and 235.16 herein shall apply. A conditional use permit subject to
approval by the Zoning Administrator shall be required. In addition,an inspection by a City of
Huntington Beach Building and Safety Inspector shall be required to verify compliance with the
minimum construction standards of Section 235.08 A. and to determine if there are any obvious
health and safety code violations.
Conversion of lower or moderate-income rental housing developed with federal,state or local
assistance shall not be permitted. Within the coastal zone no visitor serving use, including hotel
use, shall be converted to condominium, community apartment,stock cooperative,or time share.
SECTION 3. That Section 235.06 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
235.06 Required Reports and Information
In addition to the conditional use permit,coastal development permit(where applicable),and
tentative map applications,the applicant shall submit the reports and/or information required by
this section.The cost of all reports shall be paid by the applicant. The reports shall include
information on what improvements,if any, shall be accomplished by the developer and when
such improvements shall be completed. All improvements cited in the reports, whether required
or voluntary, shall be considered conditions of approval.
A. Physical EIements Report: A report on the physical elements of all structures and
facilities shall be submitted, containing the following:
l. A report by a Califomia-licensed structural engineer,civil engineer or
architect, describing in detail the structural condition, any evidence of
soils problems,code violations, useful life, and any apparent deferred
maintenance of all elements of the property, including,but not limited to,
foundations, electricity,plumbing, utilities,walls,ceilings, windows,
frames, recreational facilities, sound transmissions of each building,
mechanical equipment,parking facilities, and drainage facilities. Such
report also shall describe the condition of refuse disposal facilities;
swimming pools, saunas,and fountains; stone and brickwork; fireplaces;
and exterior lighting. The level of compliance with the standards listed in
Section 235.08 A. shall also be described in detail.
ord/04zoning/chap 235 revised/7/14/04 2 -
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Ordinance No.3657
2. A report by a California-licensed mechanical contractor detailing the age,
condition,size, and the cost of replacement for each appliance and
mechanical equipment for heating and cooling. The report shall identify
any defective or unsafe appliances and set forth the proposed corrective
measures to be employed.
3. A report by a California-licensed structural termite and pest control
specialist certifying whether or not all attached or detached structures are
free of infestation and structural damage caused by pests and dry rot.The
report shall describe what procedures would be necessary to eliminate
infestation or damage, if present. Any infestation shall be remedied prior
to sale.
4. A report by a California-licensed painting contractor verifying the
condition of the painting throughout the project, including building
interior and exterior surfaces and an estimate of the remaining physical
life of the paint. A statement that new paint(minimum 20 year warranty)
will be applied on all building interior and exterior surfaces may take the
place of such report. Such statement shall include the brand name of the
paint and the exterior colors to be used.
5. A report by a California-licensed roofing contractor verifying the
condition of the roofs of all structures and an estimate of the remaining
physical life of the roofs and the cost of replacement. A statement that new
roof material will be applied may take the place of such report. Such
statement shall include the specifications of the proposed roofing material.
B. Covenants, conditions and restrictions: A declaration of the covenants, conditions,
restrictions, and rules and regulations which would be applied on behalf of any
and all owners of condominium units within the project shall be submitted.The
declaration shall include, but not be limited to: the conveyance of units; the
assignment of parking and storage areas; and an agreement for common area
maintenance, together with an estimate of any initial assessment fees anticipated
for such maintenance, and an indication of appropriate responsibilities for the
maintenance of all utility lines and services for each unit.The CCR's shall be
approved as to form by the City Attorney and recorded in the office of the County
Recorder.
C. Conversion Plan: Specific information concerning the demographic and financial
characteristics of the project shall be submitted,including,but not limited to,the
following:
1. The date of construction of all elements of the project, and the date and
description of each major repair or renovation of any structure or
structural element, since the date of construction. For purposes of this
ord/04zoning/chap 235 revised/?/14/04 3
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Ordinance No. 3657
subsection, "major repair" shall mean any repair for which an expenditure
of more than$5,000 was made;
2. A statement of a major use of said project since construction;
3. A statement regarding current ownership of all improvements and the
underlying land;
4. The square footage and number of rooms in each unit;
5. The rental rate history for each type of unit for the previous two years;_
6. The monthly vacancy rate for each month during the preceding two years;
7. A complete list of the number of tenants and tenant households in the
project,including the following information:
a. Households with persons 62 years or older;
b. The family size of households, including a breakdown of
households with children 5 years and younger; and between 5 and
18 years;
C. Households with handicapped persons;
d. The length of residence;
e. The designation of low-and moderate-income households and
whether any are receiving federal or state rent subsidies.
When the subdivider can demonstrate that demographic information is not available, this
requirement may be modified by the Director.
8. The proposed price of each of the units;
9. The proposed homeowners' association budget,detailed to include fixed
costs,operating costs, reserves,administration,and contingencies; and
10. A statement of intent as to the types of financing programs to be made
available, including any incentive programs for existing residents.
11. The method to be implemented to assure availability of affordable units to
tenants.
12. Signed copies from each tenant of the notice of intent to convert, as
specified in this chapter. The applicant shall submit evidence that a
certified letter of notification was sent to each tenant for whom a signed
copy of such notice is not submitted.
ord/04zoning/chap 235 revised/7/14/04 4
Ordinance No_ 3657
D. Vacancy Rate Analysis: A citywide vacancy rate analysis for multiple-family
rental units for the past twelve months shall be submitted.
E. Acceptance of Reports: The final form of the physical structure elements report,
Conversion Plan, and other documents shall be approved by the Planning
Commission.The reports in their acceptable form shall remain on file with the
Department for review by any interested person.
SECTION 4. That Section 235.08 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
235.08 Condominium Conversion Standards
A. Minimum Construction Standards: The project shall be brought into compliance
with the minimum construction standards as listed below unless the Building
Official approves an alternate method of construction. Prior to recordation of the
final map or parcel map, applicable building permits shall be obtained,
constructed and receive final inspection approval for all issues identified in this
section and for any health and safety code violations.
1. For all structures built prior to February 1, 1985, draft stops shall be
installed in attics to create horizontal areas that are 3,000 square feet or
less. For all structures built after February 1, 1985, draft stops shall be in
attics above and in line with the walls separating individual units.
2. Each unit shall have access to the electrical branch circuits that serve the
unit.
3. Smoke detectors shall be installed and operating. All existing hard-wired
units shall be in working order and the remaining detectors shall be
located per currently adopted code and may be battery or hard-wired
operated.
4. Ground Fault Circuit Interrupter(GFCI)protection shall be provided
where required by the currently adopted electric code.
B. Compliance with Zoning Provisions: The project shall comply with the parking
requirements of Chapter 231,and landscape improvements shall comply with
Chapter 232. For apartments and stock cooperatives with two to four units on a
parcel that were sold as condominium units without approval of a conditional use
permit and tentative parcel map prior to June 1,2004, a reduction in these
development standards may be granted when an applicant agrees to pay an
affordable housing in-lieu fee to off-set the loss of affordable rental housing
stock. The fee shall be paid according to a resolution adopted by City Council.
ord/04zoning/chap 235 revised/7/20/04 5
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Ordinance No. 3657
C. Refurbishing and Restoration: All main buildings, structures, fences,patio
enclosures,carports, accessory buildings, sidewalks,driveways, landscaped areas,
and additional elements as required by the Planning Commission(or Zoning
Administrator for exempted units as defined in Section 235.04)shall be
refurbished and restored as appropriate for a high standard of appearance,quality,
and safety.
D. Affordable Housing:Where a project consists of 3 units or more,the applicant
shall agree to sell or rent at affordable prices 25 percent of the total units to low-
and moderate-income households, with a minimum of 20 percent of the affordable
units affordable to low-income households for a period of sixty(60) years. If the
units are to be made available for purchase, the maximum sales price of units-
intended for low- or moderate-income households shall not exceed 2.5 times the
annual median income for such households as defined by the California Health
and Safety Code, Section 50093. Resale controls shall be included as a deed
restriction.If the units are to be for rent,the maximum rent allowed shall keep the
units within the low-or moderate-income housing stock.
SECTION 5. That Section 235.10 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
23 5.10 Tenant Benefits and Notification
A. Notices of Intent: Applicants for condominium conversions shall give notice
of intent to convert to existing tenants and prospective tenants as required by
Sections 66452.8 and 66452.9 of the California Government Code. The notice of
intent shall be posted on-site in at least one location readily visible to tenants.
B. Notices of Public Hearing,and Decisions.
1. The Department shall notify the residents of the public hearing not less
than 10 days prior to the proposed hearing date on the application.The
notice shall include notification of the tenant's right to appear and be
heard. The Department shall notify the residents of the decision of the
Planning Commission within ten days and shall include a copy of all
conditions imposed on the project. The list of names and addresses of the
residents of each unit in the conversion project shall be current as of the
day of submittal and shall be certified as such by the applicant. Service
shall be by mail at the expense of the applicant.
2. Final Man or Parcel Map Approval: The applicant shall give written
notification to each tenant with 10 days of approval of the final map or
parcel map. The applicant shall also provide notice of application for
public report,as issued by the California State Department of Real Estate,
which shall be available on request.
ord/04zoning/chap 235 revised/7/14/04 6
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Ordinance No. 3657
C. Tenants' Discounts: Any present tenant of any unit at the time of an application
for conversion shall be given a nontransferable right of first refusal to purchase
the unit occupied at a discount of the price offered to the general public.The
amount of the discount shall be based on the longevity of each tenant,and shall be
ratified by the applicant at the time of conversion.
D. Vacation of Units: Each non-purchasing tenant,not in default under the
obligations of the rental agreement or lease under which the subject unit is
occupied,shall have-not less than 120 days after the date of the tentative map
approval by the City or-until the expiration of the tenant's lease to find substitute
housing and to relocate. Tenants shall be permitted to terminate leases or tenancy
with one month's notice at any time after a conversion application.
E_ No Increase in Rent: A tenant's rent shall not be increased within two months
prior to a project application, nor shall the rent be increased for two years from
the time of the filing of the project application or until relocation takes place. In
addition, all non-purchasing tenants 62 years old or older and all non-purchasing
medically-proven permanently disabled tenants shall receive a lifetime lease.
Rents for such tenants shall not be increased for 2 years after the filing of the
project application.
F. Moving Expenses: The applicant shall provide moving expenses equal to three
times the monthly rent to any tenant,in compliance with all the terms of the
subject lease and/or financing,who relocates from the building to be converted
after City approval of the use permit authorizing conversion of the units. When
the tenant has given notice of his intent to move prior.to City approval of the use
permit, eligibility to receive moving expenses shall be forfeited.
G. Relocation Assistance: Relocation assistance shall be provided by the applicant to
non-purchasing tenants for a minimum period of four months following the
tentative map approval. Information on available rental units in the same general
area with costs comparable to the preconverted apartments shall be provided by
the applicant on a calendar quarterly basis.Copies of the list shall be posted on-
site, dated, and provided to the Department. The following non-purchasing
tenants shall receive a minimum of 12 months'relocation time,measured from the
tentative map approval,to find replacement housing:
l. Tenants with low or moderate incomes; and
2. Tenants with minor children in school.
H. Discrimination: No discrimination in the sale of any unit shall be based on race,
color,creed,national origin,sex, or age, and a statement to this effect shall be
included in the covenants,conditions, and restrictions. Projects created
exclusively for the purpose of providing senior citizen housing shall be exempted
from this requirement.
ord/04zoning/chap 235 revised/7/14/04 7
Ordinance No. 3657
SECTION 6. That Section 235.12 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
235.12 Effect of Proposed Conversions on the City's Low-and Moderate-Income Housing
Supply
In reviewing requests for the conversion of existing apartments to condominiums, the Planning
Commission(or Zoning Administrator for exempted units as defined in Section 235.04)shall
consider the following:
A. Whether displacement of tenants, if the conversion is approved,would be -
detrimental to the health, safety,or general welfare of the community;
B. The role the rental units play in the existing housing rental market and whether
they serve low-and moderate-income households; and
C. The need and demand for lower-cost home ownership opportunities which are
increased by the conversion of apartments to condominiums.
SECTION 7. That Section 235.14 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
235.14 Bonus for Including Low-and Moderate-Income Housing
Consistent with the requirements of Section 65915.5 of the California Government Code,the
City shall offer a density bonus or other incentives of equivalent financial value to condominium
conversions including low-or moderate-income housing units or lower=income household units.
When an applicant for approval to convert apartments to a condominium project agrees to
provide at least 33 percent of the total units of the proposed condominium project to persons of
low or moderate income, as defined in Section 50093 of the California Health and Safety Code,
or 15 percent of the total units to lower-income households,as defined in Section 50079.5 of the
California Health and Safety Code,the Planning Commission shall either(1) grant a 25 percent
density bonus or(2)provide other incentives of equivalent financial value. Any density bonus or
other incentives of equivalent financial value provided under this section shall be governed by
the requirements of Section 235.08.
A. For purposes of this section, "density bonus" means an increase in units of 25
percent over the number of apartments permitted and provided within the existing
structure or structures proposed for conversion. "Other incentives of equivalent
financial value" shall not be construed to require the City to make any cash
transfer payments or other monetary compensation to the applicant,but may
include the reduction or waiver of any required fees or the condominium
conversion standards prescribed in Section 235.08.
ord/04zoning/chap 235 revised/7/14/04 8
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Ordinance No. 3657
B. No applications for a density bonus shall be accepted if the apartments proposed
for conversion constitute a housing development for which a density bonus was
provided under the provisions of Section 230.14.
SECTION 8. That Section 235.16 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
235.16 Findings
The Planning Commission(or Zoning,Administrator for exempted units as defined in Section
235.04) may approve an application for a condominium conversion if it finds that the proposed
conversion meets the following requirements:
A. That all the provisions of the Subdivision Map Act,this chapter, and other
applicable provisions of this ordinance are met; and
B. That the proposed conversion is consistent with the General Plan and any
applicable specific plan; and
C. That the proposed conversion will conform to the provisions of this ordinance in
effect at the time of the project approval, except as otherwise provided in this
chapter; and
D. That the overall design and physical condition of the condominium conversion
achieves a high standard of appearance,quality, and safety; and
E. That either(1)the proposed conversion will not displace a significant percentage
of low-or moderate-income, permanently or totally disabled, or senior citizen
tenants or delete a significant number of low- and moderate-income rental units
from the City's housing stock at a time when no equivalent housing is readily
available in the Huntington Beach area,or(2)the applicant agrees to pay an
affordable housing in-lieu fee pursuant to Section 235.08 B.; and
F. That the dwelling units to be converted have been constructed and used as rental
units for at least 5 years prior to the application for conversion; and
G. That the applicant has not engaged in coercive, retaliatory action regarding
tenants after the submittal of the first application for city review through the date
of approval.
H. That either(1)the project is not located within the coastal zone, or(2) the project
is located within the coastal zone and the existing use to be converted is not a
visitor serving use (including hotels).
SECTION 9. This ordinance shall become effective 30 days after its adoption.
ord/04zoning/chap 235 revised/7/14/04 9 q
U ���� �•
Ordinance No.3657
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 2IId day of August ,2004.
ATTEST: APPROVED AS TO FORM:
City Clerk City ttorney
[NITIA AND APP ~ VED:
REVIEWED AND APPROVED:
` a irector of Planning
City 4dministrator
ord/04zoning/chap 235 revised/7/14/04 10
Ord.No. 3657
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 Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven;that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 19th day of July,2004,and was again read to said City
Council at a regular meeting thereof held on the 2nd day of August,2004,and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Sullivan, Green,Boardman,Cook
NOES: None The forming instrument is a correct
copy of the original on file In this office.
Attest �._0"206
ABSENT: Houchen,Hardy, Coerper �
City Clerk and Ex-officio Clerk of the City
Council of the City of Huntington Beach,
ABSTAIN: None Calffomim
By —Deputy
1,1oan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on August 12,2004.
In accordance with the City Charter of said City
Joan L.Flynn,City Clerk ity Clerk and ex of ' Clerk
sitt�l Deputy City Clerk of the City Council of the City
of Huntington Beach,California
ORDINANCE NO. 3690
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 250 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE RELATING TO
GENERAL PROVISIONS—MAP REQUIREMENTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION L That Chapter 250 of the Huntington Beach Zoning and Subdivision
Ordinance entitled General Provisions is hereby amended by amending Section 250.14,said section
to read as follows:
250.14 Map Requirements
A. Tentative and Final Man. A tentative and final map shall be required for all
subdivisions creating five or more parcels, five or more condominiums as defined
in Section 783 of the Civic Code,a community apartment project containing five
or more parcels,or for the conversion of a dwelling to a stock cooperative
containing five or more dwelling units. Exceptions as stated in Section 66426 of
the Subdivision Map Act shall comply with Subsection B.
B. Tentative and Parcel Man. A tentative and parcel map shall be required for all
divisions of land into four or fewer parcels and exceptions stated in Section 66426
of the Subdivision Map Act. However parcel maps shall not be required for:
I. Subdivisions of a portion of the operating right-of-way of a railroad
corporation,which are created by short-term leases terminable by either
party on not more than 30 days'notice in writing.
2. Land conveyed to or from a governmental agency, public entity or public
utility,or for land conveyed to a subsidiary of a public utility for conveyance
to such public utility for rights-of-way,unless a showing is made by the
Department in individual cases,upon substantial evidence,that public policy
necessitates a parcel map. If a parcel map is not required,the dedication or
offer must be indicated by a separate instrument.
3. Lot line adjustments,provided:
a. No additional parcels or building sites are created;
b. The resulting parcels conform to Titles 20-24 (Zoning)of this Code;
C. The lot line adjustment shall not sever any existing structure on either
of the two parcels.
d. The lot line adjustment shall not allow a greater number of dwelling
units than allowed prior to the adjustment.
e. The lot line adjustment is approved by the Director or by the Planning
Commission on appeal;and (3530-2/02)
f A plat map showing the lot line adjustment is prepared, approved,and
filed in accord with the provisions of Section 253.24.
ord/04zoning/chap 250 11-04 1 EX
Ordinance 3690
4. Parcel maps waived by the Zoning Administrator as provided by Section
251.20.
5. Subdivision of property with two to four apartment or stock cooperative units
that were converted to and sold as condominium units without approval of a
conditional use permit and tentative parcel map prior to June 1,2004,
provided:
a. Sale of condominium units is evidenced by recorded documents;
b. No dedications or improvements are required by the Zoning and
Subdivision Ordinance;
c. Covenants,conditions, and restrictions(CC&Rs)are recorded at the
County of Orange;
d. A plat map showing the condominium subdivision is prepared,
approved by the City Engineer, and recorded at the County of Orange;
e. A conditional use permit is approved pursuant to Section 235.04 and a
Certificate of Compliance is issued by the Director and recorded at the
County of Orange.
C. Designation of Remainder Parcel. When a subdivision includes a remainder parcel
as provided_ in Section 66424.6 of the Subdivision Map Act,the remainder parcel
shall be in conformance with Titles 20-24 and shall require a Certificate of
Compliance as provided by Section 258.06.
SECTION 2.This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 6th day of December , 2004.
W-L7 AP
ATTEST: AP VED AS TO FORM:
City Cler City Attorney t 1
REVIEWED AND APPROVED: 1NI TED AND APPROVED:
j City Wdministrator Director of Planning
ord/04zoning/chap 250 i i-04 2 �`/
Ord.No. 3690
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I,JOAN L.FLYNN,the duly elected,qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 29th day of November,2004,and was again read to said
City Council at a regular meeting thereof held on the 6th day of December,2004, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Hansen, Coerper,Sullivan,Hardy, Green, Bohr, Cook
NOES: None
�i e foregoing instrument is a correct
ABSENT: None copy of the original on file in this .
• Attest 200
ABSTAIN: None
City Clerk and Ex-officio 01erk of the City
Council of the City of Huntington Beach,
Calw®rnie.��o
1,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby 0. L
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on December 16,2004_
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk OU Clerk and ex-officio Merk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
F_xH113iT U.3
ORDINANCE NO. 3687
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE BY ADDING NEW SECTION
230.26 THERETO ENTITLED "AFFORDABLE HOUSING"
WHEREAS,the City Council of the City of Huntington Beach does hereby ordain as
follows:
SECTION 1. That the Huntington Beach Zoning and Subdivision Ordinance is hereby
amended by adding new Section 230.26 thereto,entitled"Affordable Housing,"said chapter to read
as follows:
230.26 Affordable Housing
A. Pulse.
1. The purpose and intent of this Chapter is to implement the goals,objectives and policies
of the City's Housing Element. It is intended to encourage very low,low-and median
income housing,which is integrated, compatible with and complements adjacent uses,
and is located in close proximity to public and commercial services.
2. The affordable housing program is one tool the City utilizes to meet its commitment
to provide housing affordable to all economic sectors,and to meet its regional fair-
share requirements for construction of affordable housing-
B. Applicability. This section shall apply to new residential projects three(3)or more units in
size.
1. A minimum of ten(10)percent of all new residential construction shall be affordable
housing units.
2. Rental units included in the project shall be made available to very low or low-
income households based on the Orange County Median Income, adjusted for
appropriate family size,as published by the United States Department of Housing
and Urban Development or established by the State of California,pursuant to Health
and Safety Code Section 50093, or a successor statute.
3. For sale units included in the project shall be made available to very low,low or
median income level households based on the Orange County Median Income,
adjusted for appropriate family size, as published by the United States Department of
Housing and Urban Development or established by the State of California,pursuant
to Health and Safety Code Section 50093,or a successor statute.
4. Developers of residential projects consisting of nine or fewer units may elect to pay a
fee in lieu of providing the units on-site to fulfill the requirement of the Section,
unless the affordable housing requirement is outlined as part of a specific plan
DocumenB
EX H 151T V. 1
Ordinance No. 3687
project.
5. Developers of residential projects may elect to provide the affordable units at an off-
site location pursuant to subsection B unless otherwise outlined as part of a specific
plan project. if affordable units are off-site,they must be under the full control of
the applicant,or other approved party.
6. New residential projects shall include construction of an entirely new project or new
units added to an existing project_ For purposes of determining the required number
of affordable housing units, only new units shall be counted.
C_ Fees in Lieu of Construction.
l. Fees paid to fulfill the requirements of this Section shall be placed in the City's
Affordable Housing Trust Fund,the use of which is governed by subsection E.
2. The amount of the in-lieu fees shall be calculated using the fee schedule established
annually by resolution of the City Council.
3. One hundred (100)percent of the fees required by this Section shall be paid prior to
issuance of a building permit.
4. Fees paid as a result of new residential projects shall be based upon the total number
and size of the new residential units which are to be constructed.
D. Off-Site Construction of Affordable Units. Except as may be required by the California
Coastal Act and/or the California Government Code Section 65590 or a successor statute,
developers may provide the required affordable housing off-site, at one or several sites,
within the City of Huntington Beach-
1_ Off-site projects may be new construction or major physical rehabilitation,equal to
more than one-third the value of the existing improvement, excluding land value, of
existing non-restricted units conditioned upon being restricted to long-term
affordability. "At Risk"units identified in the Housing Element or mobile homes
may be used to satisfy this requirement.
2. All affordable off-site housing shall be constructed or rehabilitated prior to or
concurrently with the primary project. Final approval (occupancy)of the first market
rate residential unit shall be contingent upon the completion and public availability,
or evidence of the applicant's reasonable progress towards attainment of completion,
of the affordable units.
E. Miscellaneous Provisions.
1. The conditions of approval for any project that requires affordable units shall specify
the following items:
Document3
Ordinance No. 3687
(a) The density bonus being provided pursuant to Section 230.14, if any;
(b) The number of affordable units;
(c) The number of units at each income level as related to Orange County
Median Income; and
(d) A list of any other incentives offered by the City.
2. An Affordable Housing Agreement outlining all aspects of the affordable housing
provisions shall be executed between the applicant and the City and recorded with
the Orange County Recorder's Office prior to issuance of the first building permit.
3. The Agreement shall specify an affordability term of not less than sixty(60)years.
4. In a project requiring an in-lieu fee,the applicant shall execute and record an
Agreement to pay an Affordable Housing In-Lieu Fee.
5. All affordable on-site units in a project shall be constructed concurrently with or
prior to the construction of the primary project units unless otherwise approved
through a phasing plan. Final approval(occupancy)of the first market rate
residential unit shall be contingent upon the completion and public availability,or
evidence of the applicant's reasonable progress towards attainment of completion,of
the affordable units.
6. All affordable units shall be reasonably dispersed throughout the project unless
otherwise designed through a master plan,shall contain on average the same number
of bedrooms as the market rate units in the project,and shall be comparable with the
market rate units in terms of exterior appearance, materials and finished quality.
7. Affordable Housing Trust Funds shall be used for projects which have a minimum of
fifty(50)percent of the dwelling units affordable to very low- and low- income
households,with at least twenty(20)percent of the units available to very low-
income households. Concurrent with establishing the annual fee schedule pursuant to
subsection C,the City Council shall by resolution set forth the permitted uses of
Affordable Housing Trust Funds. All units that obtain Affordable Housing Trust
Funds shall maintain the affordability of the units for a minimum of sixty(60)years.
The funds may, at the discretion of the City Council,be used for pre-development
costs,land or air rights acquisition,rehabilitation, land write downs,administrative
costs, gap financing, or to lower the interest rate of construction loans or permanent
financing.
8. New affordable units shall be occupied in the following manner:
(a) If residential rental units are being demolished and the existing tenant(s)
meets the eligibility requirements,he/she shall be given the right of first
refusal to occupy the affordable unit(s); or
Document3
EXHJBIT V3
Ordinance No. 3687
(b) If there are no qualified tenants,or if the qualified tenant(s)chooses not to
exercise the right of first refusal, or if no demolition of residential rental units
occurs,then qualified households or buyers will be selected.
F. Price of Affordable Units. Affordable units shall be sold or rented at prices affordable to
very low, low-or median-income households pursuant to terms of the Affordable Housing
Agreement.
SECTION 2. This ordinance shall become effective thirty(30)days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 1 day of November _ , 200 4
A-
7ayojD
ATTEST:
City tLrk
REVIE D AND PR V jAP ROVED AS TO FORM:
City Administrator- ty Attorney
INITI D AND APPROVED:
D(Wtor of Planning
Document3
E W 13+T V-`f
Ord.No.3687
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 Clerk of the City Council of said City,do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven;that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 18th day of October, 2004,and was again read to said City
Council at a re ular meeting thereof held on the 1st day of November,2004,and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Sullivan,Boardman, Cook, Winchell
NOES. Green;Coerpei -
-ris foregoing instrument is a correct
y of the original on flee in this MOS.
ABSENT: Hardy Attest - ft • �- t 20LI_
City Clerk and Ex,officicx Clerk of the City
ABSTAIN: None Council of the City of Huntington Beach,
California
hbtfL01 D�
1,Joan L Flynn,CITY CLERK of the City of Huntington
Beach and ex-0fficio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on November 11,2004.
IV-
In accordance with the City Charter of said City 9".1io
Joan L.Flygn,City Clerk Citfklerk and ex-officio Irk
Deputy City Clerk of the City Council of the City
of Huntington Beach,California
EM13 T W.
ORDINANCE NO. 3 6 8 9
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTER 234 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION
ORDINANCE PERTAINING TO MOBILEHOME PARK CONVERSIONS.
The City Council of the City of Huntington Beach hereby ordains follows:
SECTION 1. Section 234.04 of the Huntington Beach Subdivision and Ordinance Code is
hereby amended to read as follows:
234.04 Definitions
Words and phrases whenever used in this chapter shall be construed as defined herein unless from the
context a different meaning is intended and more particularly directed to the use of such words and
phrases.
A. Affordable unit. A unit that is sold to and occupied by a low or moderate income household.
Affordable unit shall also mean a rental unit for which the monthly payment does not exceed
25 percent of the household's gross income for low income households or 30 percent of the
household's gross income for moderate income households.
B. Applicant. The person,firm, corporation,partnership,or other entity having leasehold
interest or fee ownership in the operation of a mobilehome park.
C. Change of use. Use of the park for a purpose other than the rental or the holding out for rent
of two or more mobilehome sites to accommodate mobilehomes used for human habitation,
and shall not mean the adoption, amendment, or repeal of a park rule or regulation. "Change
of use" may affect an entire park or any portion thereof,and such "change of use"shall
include,but is not limited to, a change of a park or any portion thereof to a condominium,
stock cooperative, planned unit development, commercial use, industrial use, or vacant land.
D. Eligible owner. Any mobilehome owner owning a mobilehome in a park at the time of
issuance of the notice of intent to change use,but shall not include any mobilehome owner
who is renting his unit to another party at such time.
E. Manufactured home. Shall mean the same as Mobilehome as used in this Chapter.
F. Market rate unit. A residential unit that is sold on the open market without constraints
imposed on the sales price,rental rate,or buyer qualifications.
G. Mobilehome. A structure designed for human habitation and for being moved on a street or
highway under permit pursuant to the California Vehicle Code Section 35790. Mobilehome
does not include a recreational vehicle,as defined in the California Civil Code Section
799.24,or a commercial coach,as defined in Health and Safety Code Section 18218.
ord/04mning/chap 234 ord/10/20/04 1
�XNIt�1T W.
Ordinance No. 3689
H. Mobilehome Park. An area of land where two or more mobilehome sites are rented,or held
out for rent,to accommodate mobilehomes used for human habitation. Mobilehome park
shall not include a mobilehome subdivision of stock cooperative.
I. Mobilehome space. Any area,tract of land, site,lot,pad or portion of a mobilehome park
designated or used for the occupancy of one mobilehome.
J. Notice of intent to change use. Notification as required by California Civil Code Section
798.56(g)(2). (3595—1/03)
K. Senior citizen unit. A residential unit which meets the standards for an affordable unit
which is situated in a project that is designed to accommodate senior citizens through special
financing programs and/or modified development standards.
SECTION 2. Section 234.08 of the Huntington Beach Subdivision and Ordinance Code is
hereby amended to read as follows:
234.08 Mitigation of Adverse Impacts and Reasonable Costs of Relocation-Relocation
Assistance Plan:
A. Consistent with California Government Code Section 65863.7(e),the applicant shall take
steps to mitigate the adverse impact of the conversion, closure or cessation of use on the
ability of displaced mobilehome park residents to find adequate housing in a mobilehome
park. These required steps shall not exceed the reasonable cost of relocation as detailed in
(1)below.
l. Relocation Costs. All eligible mobilehome owners shall be entitled to receive the cost of
relocation. As used in this section, the reasonable costs of relocation shall include the
cost of relocating displaced homeowners' mobile/manufactured home,accessories and
possessions to comparable mobile/manufactured home park within twenty(20)miles of
its existing location, including costs of disassembly, removal,transportation, and
reinstallation of the mobile/manufactured home and accessories at the new site,and
replacement or reconstruction of blocks, skirting, siding,porches,decks, awnings or
earthquake bracing if necessitated by the relocation;reasonable living expenses of
displaced park residents from the date of actual displacement until the date of
occupancy at the new site;payment of any security deposit required at the new site;and
the difference between the rent paid in the existing park and any higher rent at the new
site for the first twelve(12)months of the relocated tenancy.
2. Mobilehome Purchase. If the mobilehome cannot be relocated to a comparable
mobile/manufactured home park within twenty(20)miles of its existing location,and
the homeowner has elected to sell his or her mobile/manufactured home,the reasonable
costs of relocation shall include the cost of purchasing the mobile/manufactured home of
a displaced homeowner, including any optional equipment and/or tag-a-longs and
expando rooms at its in-place value. Such value shall be determined after consideration
of relevant factors, including the value of the mobile/manufactured home in its current
location, assuming the continuation of the mobile/manufactured home park in a safe,
sanitary and well maintained condition and not considering the effect of the change of
use on the value of the mobile/manufactured home,but at no time shall the value of the
mobile/manufactured home be less than the replacement cost of a new home of similar
size and square footage.
ord/04zoning/chap 234 ord/1020/04 2
EXhit3�T W. a
Ordinance No. 3689
B. Extensions of time; In-park relocation
I. The applicant may grant one (1)six-month extension to the length of time given
to the mobilehome owners in the notice of intent to change use by notifying the
mobilehome owners of such extension at least four(4)months prior to the date
specified in such notice. The extension shall be granted for no more and no less
than six(6)months.
2. An applicant may,with the consent of the mobilehome owner,transfer a
mobilehome unit to another space in the park. Such transfer shall not constitute
permanent relocation,and the cost of all such moves shall be borne by the
applicant.
Including reasonable living expenses of the residents from the date of actual
displacement until the date of occupancy at the new site. All damages to the home
incurred during the relocation shall be immediately repaired or replaced by the
applicant.
C. In order to facilitate the intentions of the mobilehome owners and an applicant for a change
of use with regard to a change of use,the parties may agree to mutually satisfactory
relocation assistance. To be valid, such an agreement shall be in writing,shall include a
provision stating that the mobilehome owner is aware of the provisions of this chapter, shall
include a copy of this chapter as an attachment,shall include a provision in at least ten-point
type which clearly states the right to seek and the importance of obtaining an attorney's
advice prior to signing the agreement,and shall be drafted in form and content otherwise
required by applicable state law. No mobilehome owner signing a relocation assistance
agreement provided for in this subsection may contest the adequacy of the conversion
impact report at the hearing on such report. Any mobilehome owner signing such an
agreement may rescind it in writing within ten days of signing it. Any such agreement
which is procured by fraud,misrepresentation,coercion or duress,of any kind, shall be void
and unenforceable.
D. No benefits shall be provided to any person who is renting a mobilehome from the park
owner(who owns the mobilehome)where such tenant shall have executed a written
agreement with such park owner waiving his or her rights to any such benefits. No such
waiver shall be valid,unless it contains the text of this section,and unless such tenant shall
have executed a written acknowledgment that he or she has read and understands his or her
rights pursuant to this chapter and knowingly agrees to waive them.
E. No waiver by an eligible mobilehome owner of any of his/her rights pursuant to this section
shall be valid or effective for any purpose except with regard to a relocation assistance
agreement as provided in subsection C of this section.
F. Alternative Housing. If the mobilehome owner cannot be relocated in accordance with the
procedures contained herein,the applicant has the option of making available suitable,and
acceptable, alternative housing,together with compensation,to such mobilehome owner.
Where alternative housing is proposed, it shall be available in the following categories:
ord/04zoning/chap 234 ord/1020/04 3 ,A /
E/� H15 � YV � —5
ordinance No. 3689
1. Senior citizen housing;
2. Affordable housing; and
3. Market rate housing.
G. Compensation Appeals. Appeals from the amount of compensation to be given a
mobilehome owner shall be filed with the applicant within thirty(30)days after the
mobilehome owner has notice of the amount he/she is to receive.
The applicant shall acknowledge any appeal within thirty(30)days,and if an agreement
cannot be reached,the matter shall be referred to a professional arbitrator.
H. Purchase Rights. The mobilehome owners shall receive written guarantee of first-right-
of-refusal to purchase units if the development which replaces the mobilehome park is to
be residential in whole or in part.
I. Miscellaneous. That the applicant has complied with all applicable city ordinances and
state regulations in effect at the time the relocation assistance plan was approved.
That the applicant has complied with the conditions of approval, including the following
items:
1. Mobilehome owners will not be forced to relocate prior to the end of their leases.
2. Mobilehome owners have been given the right to terminate their leases upon approval
of the relocation assistance plan.
3. Demolition or construction will not occur until the relocation assistance plan is
approved and the eighteen(18)month notification period has expired.
SECTION 3. Section 234.09 is hereby added to Chapter 234 of the Huntington Beach
Subdivision and Ordinance Code, said section to read as follows:
234.09 Application for Exemption from Relocation Assistance Obligations.
A. Any person who files an application for change of use of a mobilehome park may,
simultaneous with such application,file an application for total or partial exemption from
the obligation to provide relocation assistance.
B. If such application is filed, notice of such application,with the information contained
therein, and distribution thereof to the owners and residents of the mobilehome park shall be
provided with the application for change of use.
C. Any such application shall state that it is made on either or both of the following bases:
1. That provision for relocation assistance would eliminate substantially all reasonable
use or economic value of the property. Such basis may only be established if it is
demonstrated that the imposition of such obligations would eliminate the reasonable
use or economic value of the property for alternate uses,and that continued use of
the property as a mobilehome park would eliminate substantially all reasonable use
ord/04zoninglchap 234 ord/10J20/04 4
E x H lb 1-r W• q
ordinance No. 3689
or economic value of the property for reasons not caused or contributed,by the park
owner or applicant.
2. That a court of competent jurisdiction has determined in connection with a
proceeding in bankruptcy that the closure or cessation of use of said property as a
mobilehome park is necessary,and that such court has taken further action which
would prohibit or preclude payment of relocation assistance benefits, in whole or in
Pam•
D. Any such application made pursuant to subsection(c)(1)shall contain,at a minimum,the
following information_
1. Statements of profit and loss from the operations of the mobilehome for the most
recent five-year period of the date of the application or request, certified by a
certified public accountant. All such statements shall be maintained in confidence as
permitted by the California Public Records Act.
2. If the applicant contends that continued use of the property as a mobilehome park
necessitates repairs or improvements or both,that are not the result of the park owner
or applicant's negligent failure to properly maintain said property, and that the costs
thereof makes continuation of the park economically infeasible, a statement made
under penalty of perjury by a general contractor licensed as such pursuant to the laws
of the State of California certifying that such contractor has thoroughly inspected the
entire mobilehome park; that such contractor has determined that certain repairs and
improvements must be made to the park to maintain the park in a decent,safe and
sanitary condition,and that those certain repairs are not the result of the park owner
or applicant's negligent failure to properly maintain said property; the minimum
period of time in which such improvements or repairs must be made; an itemized
statement of such improvements and repairs;and the estimated cost thereof of repairs
and improvements, if any,due to deferred maintenance separately identified. The
applicant shall also submit a statement verified by a certified public accountant as to
the necessary increase in rental rates of mobilehome spaces within the park within
the next five years necessary to pay for such repairs or improvements that are not the
result of the park owner or applicant's negligent failure to properly maintain said
property. If the director requires an analysis of the information submitted by the
general contractor, the director may procure services of another such licensed
general contractor to provide such written analysis,and the cost thereof shall be
billed to and payment therefor shall be required from the applicant.
3. The estimated total cost of relocation assistance which would otherwise be required
to the provided pursuant to this chapter,which shall be based upon documented
surveys, included with the application, of the available mobilehome spaces within
twenty miles of the mobilehome park,residents of the park who are willing to
relocate and those who would elect to sell their mobilehomes, and the value of the
mobilehomes in the park.
4. An estimate of the value of the mobilehome park by a qualified real estate appraiser
if the park were permitted to be developed for the change of use proposed in the
ord/04zoning/chap 234 ord/1020/04 5
Ordinance No. 3689
application for redevelopment of the park,and an estimate of the value of such park
by such appraiser if use of the property as a mobilehome park is continued.
5. Such other information which the applicant believes to be pertinent,or which may be
required by the director.
E. Any such application filed pursuant to subsection(c)(2)shall be accompanied by adequate
documentation as to the title, case number, and court in which the bankruptcy proceeding
was held,and copies of all pertinent judgments,orders,and decrees of such court.
SECTION 4. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the gt-h day of November ,2004.
lf4ayoS---#
PREPARED BY:
ATTEST:
Q66--M) U CO Attorney 104ky
tf—City Clerk
REVI WED AN P ED:
ILI
City Administrator
ord/04zoning/chap 234 ord/10/20/04 6 `(� r,
E!\ l 1 W. fit/
f
Ord. No.3689
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 Clerk of the City Council of said City,do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven;that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 18th day of October,2004, and was again read to said City
Council at a adjourned meeting thereof held on the 8th day of November,2004, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Sullivan,Hardy, Boardman, Cook, Winchell
NOES: Coerper,Green
The foregoing instrument is a correct
copy of the original on file in this .
ABSENT: None
Attest 20E_
Jaw L
ABSTAIN: None City Clerk and Etc-offices C rk of the City
Council of the City
/1�of Huntington Beach.
Cal�'omia. �9,t�li✓Vt.tA. ►�y`�' '�LT 7 I�i/ r
1,Joan L,Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on November 18,2004_
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk Civy Clerk and ex-officio Jerk
`7Qa , Ism Deputy City Clerk of the City Council of the City
of Huntington Beach, California
EXHIBIT W.7
ORDINANCE NO. 3 7 2 4
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING VARIOUS SECTIONS OF THE
1 UNTINGTON BEACH ZONING AND SUBDIVISION
ORDINANCE RELATING TO RELIGIOUS ASSEMBLY/LAND USE
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 204.16,subsection K,of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
K. Tent Event. Allows for the overflow of any assembly for a period not to exceed 72 consecutive
hours and not more than once every 3 months.
SECTION 2. Section 210.04 of the Huntington Beach Zoning and Subdivision Ordinance is
hereby amended to read as follows:
210.04 RL,RM,RMH,RH, and RMP Districts: Land Use Controls
L-3 A conditional use permit from the Planning Commission is required, and only schools operating in
conjunction with religious services are permitted as an accessory use. A General Day Care facility
may be allowed as a secondary use,subject to a conditional use permit, if the Planning Commission
finds that it would be compatible with adjacent areas and not cause significant traffic impacts.
SECTION 3. Section 212.04 of the Huntington Beach Zoning and Subdivision Ordinance is
hereby amended to change the Use Classification of Religious Assembly to ZA and to delete subsection L-
10.
SECTION 4. Section 230.06 of the Huntington Beach Zoning and Subdivision Ordinance is
hereby deleted in its entirety_
SECTION 5. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting
thereof held on the 3 r day of January 7200. 6
.71>a-",
Mayor
ATTEST: APPRO ED AS TO FORM:
c
City e7 City Attorney 12r 1'14 S
REVIE D PPROVED: INI TED AND APPROVED:
City Administra Director of Planning
ord/05 zoning Rlulpa
Ord. No. 3724
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I,JOAN L. FLYNN, the duly elected,qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 19th day of December,2005, and was again read to said
City Council at a regular meeting thereof held on the 3rd day of January,2006, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Green, Coerper, Sullivan,Hardy,Hansen, Cook
NOES: None
F `l of the original on foie in thla off .
ABSENT: Bohr Attest ' 20
01
W�- �Af-hmL�L-
!Ut,t—yClGrk and Ex-off icio clerk of the V>t°y
ABSTAIN: None Council of the City of Huntington Ee i%
I,loan L.Flynn,CITY CLERK of the City of Huntington ✓
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on January 12,2006_
In accordance with the City Charter of said City
J an L. Flym,City Clerk CJVClerk and ex-officio erk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
EX H OT x . a
ORDINANCE NO. 3730
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE TITLED
SITE STANDARDS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 230.88 A. 2.Permitted Fences and Walls of the Huntington Beach
Zoning and Subdivision Ordinance is hereby amended as follows:
A.2. Fences or walls a maximum of six(6)feet in height may be located in required side
or 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:
(1) The proposed building materials and design shall be in conformance with
the Urban Design Guidelines.
(2) Extensions to existing wall(s) shall require submittal of engineering
calculations to the Building and Safety Department.
(3) The property owner shall be responsible for the care and maintenance of
the landscape area(s)and wall(s)and required landscape area(s)
(4) Approval from Public Works Department.
b. Exception: A-maximum two foot(2')lattice extension(wood or plastic)that is
substantially open may be added to the top of the six foot(6')high wall or fence
on the interior property line without Building Permits so long as notification to
the adjacent property owners is provided.
SECTION 2. All other provisions of Chapter 230 not modified herein shall remain in full
force and effect.
SECTION 3. This ordinance shall become effective 30 days after its adoption.
ordo6wtingJchav 230 I
. Ord. NO. 3730
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 21 st day of February , 2006.
Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
4 Lo b
4�tyAd&inistrator City Attorney
IlVI TED AND APPROVED:
ector of 1PIan-ming
or&06zomng/chap 230 2
Ord. No. 3730
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH )
1,JOAN L. FLYNN,the duly elected,qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven;that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 6th day of February,2006,and was again read to said City
Council at a regular meeting thereof held on the 21st day of February,2006,and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Bohr, Green, Coerper, Sullivan,Hardy, Hansen, Cook
NOES: None
N of the original on i in this of=i" .
ABSENT: None Attest �- 1 2®
• None aClerk an Ex-cfllctc le of the CRY
ABSTAIN
• council of the City Of H� tington 139=I�
ia.
I,Joan L.Flynn,CITY CLERK of the City of HuntingtonQ,
Bea
ch and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on March 2,2t>06
In accordance with the City Charter of said City
ity Clerk and ex-officW Clerk
Joan L.Flynn,City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
EX H 1b IT Y•3
ORDINANCE NO. 3764
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TITLED SITE STANDARDS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 230.14 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended as follows:
230.14 Affordable Housing 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 incentives or concessions through a
conditional use permit subject to the provisions contained in this section. A
density bonus request pursuant to the provisions contained within this section
shall not be denied unless the project is denied in its entirety.
B. Affordability requirements.
1. Percentage of affordable units required. To qualify for a density bonus
and incentives or concessions, the developer of a residential project shall
elect at least one of the following:
a. Provide at least ten percent(10%)of the total units of the housing
development for lower income households,as defined in Health
and Safety Code section 50079.5; or
b. Provide at least five percent(5%) of the total units of the housing
development for very low income households, as defined in
Health and Safety Code section 50105; or
C. Provide a senior citizen housing development as defined in Civil
Code Sections 51.3 and 51.12, or mobilehome park that limits
residency based on age requirements for housing for older
persons pursuant to Civil Code Sections 798.76 or 799.5; or
d. Provide at least ten percent (10) of the total dwelling units in a
common interest development as defined in Civil Code Section
1351 for persons and families of moderate income,as defined in
Section 50093 of the Health and Safety Code,provided that all
units in the development are offered to the public for purchase.
The density bonus shall not be included in the total number of the
housing units when determining the number of housing units required to
be affordable. Remaining units may be rented, sold or leased at
"market" rates.
06-392/3972 1
EXNiIBiT 2 . 1
Ordinance No.3764
2. Duration of affordability. An applicant shall agree to, and city shall
ensure,continued affordability of all low and very low income units that
qualified the applicant for the award of the density bonus for thirty(30)
years or a longer period of time if required by a construction or mortgage
financing assistance program,mortgage insurance program,or rental
subsidy program.
Where there is a direct financial contribution to a housing development
pursuant to Government Code Section 65915 through participation in
cost of infrastructure, write-down of land costs,or subsidizing the cost of
construction,the city will assure continued availability for low- and
moderate-income units for 30 years. The affordability agreement
required by Section 230.1413.4 shall specify the mechanisms and
procedures necessary to carry out this section.
An applicant shall agree to, and the city shall ensure that,the initial
occupant of the moderate-income units that are directly related to the
receipt of the density bonus in the common interest development as
defined in Section 1351 of the Civil Code,are persons and families of
moderate income,as defined in Section 50093 of the Health and Safety
Code. The City shall enforce an equity-sharing agreement, unless it is in
conflict with the requirements of another public funding source of law.
The following shall apply to the equity-sharing agreement:
a. Upon resale,the seller of the unit shall retain the value of any
improvements,the downpayment, and the seller's proportionate
share of appreciation_ The City shall recapture any initial subsidy
and its proportionate share of appreciation, which shall then be
used within three years for any of the purposes described in
subdivision(e)of Section 33334.2 of the Health and Safety Code
that promote homeownership.
b. The City's initial subsidy shall be equal to the fair market value
of the home at the time of initial sale minus the initial sale price
to the moderate-income household,plus the amount of any
downpayment assistance or mortgage assistance. If upon resale
the market value is lower than the initial market value,then the
value at the time of the resale shall be used as the initial market
value.
c_ The City's proportionate share of appreciation shall be equal to
the ratio of the initial subsidy to the fair market value of the home
at the time of initial sale.
3. Affordable unit distribution and product mix. Affordable units shall be
located throughout the project and shall include a mixture of unit types in
the same ratio as provided throughout the project.
4. Affordabilityagreement. Affordability shall be guaranteed through an
"Affordability Agreement"executed through the developer and the City.
Said agreement shall be recorded on the subject property with the
Orange County Recorder's Office prior to the issuance of building
permits and shall become effective prior to final inspection of the first
unit_ The subject agreement shall be legally binding and enforceable on
06-392/3972 2
Ordinance No.3764
the property owner(s)and any subsequent property owner(s) for the
duration of the agreement. The agreement shall include,but not be
limited to,the following items:
a. The duration of the affordability and the number of the affordable
units;
b. The method in which the developer and the City are to monitor
the affordability of the subject affordable units and the eligibility
of the tenants or owners of those units over the period of the
agreement;
C. The method in which vacancies will be marketed and filled;
d. A description of the location and unit type(bedrooms,floor area,
etc.)of the affordable units within the project; and
e. Standards for maximum qualifying household incomes and
standards for maximum rents or sales prices.
5. City action. Pursuant to this section the City shall:
a. Grant a density bonus and at least one of the concessions or
incentives identified in Section 230.14D unless the City makes a
written finding pursuant to Section 230.14J.
C. Calculation of Density Bonus.
1. The amount of density bonus to which the applicant is entitled shall vary
according to the amount by which the project's percentage of affordable
housing exceeds the percentage established in Section 230.14B.
a. For housing developments meeting the low income criteria of
Section 230.14B.La, the base density bonus of 20 percent shall
be increased by one and one-half percent for every one percent
increase in the percentage of low income units above 10%. The
maximum allowable density bonus shall be 35 percent.
b. For housing developments meeting the very low income criteria
of Section 230.14B.Lb, the base density bonus of 20 percent
shall be increased by two and one-half percent for every one
percent increase in the percentage of very low income units
above 5%. The maximum density bonus shall be 35 percent.
C. For housing developments meeting the senior citizen housing
criteria of Section 230.14B.1.c, the density bonus shall be 20
percent.
d. For housing developments meeting the moderate income criteria
of Section 230.14B.l.d, the base density bonus of five percent
shall be increased by one percent for every one percent increase
in the percentage of moderate income units over 10%. The
maximum density bonus shall be 35 percent.
06-392/3972 3
Ordinance No.3764
2. All density calculations resulting in fractional units shall be rounded up
to the next whole number. The granting of a density bonus shall not be
interpreted, in and of itself,to require a general plan amendment,local
coastal plan amendment, zoning change,or other discretionary approval.
As used in Section B,"total units"does not include units permitted by a
density bonus awarded pursuant to this section.
3. The developer may request a lesser density bonus than the project is
entitled to, but no reduction will be permitted in the number of required
affordable units pursuant to subsection 230.14B.1.
D. Incentives and Concessions.
1. Types of incentives or concessions. The City shall grant an incentive or
concession to the developer. An incentive or concession includes,but is
not limited to, the following:
a. A reduction in site development standards or modification of
zoning code requirements or architectural design requirements
that exceed the minimum building standards approved by the
California Building Standards Commission as provided in Part
2.5 (commencing with Section 18901)of Division 13 of the
Health and Safety Code, including, but not limited to,a reduction
in setback and square footage requirements and in the ratio of
vehicular parking spaces that would-otherwise be required that
results in identifiable, financially sufficient, and actual cost
reductions.
i. At the request of the developer, the City will permit a
vehicular parking ratio, inclusive of handicapped and guest
parking, for a development meeting the criteria of Section
230.14B at ratios that shall not exceed:
1. Zero to one bedroom: one onsite parking space.
2. Two to three bedrooms: two onsite parking spaces.
3. Four or more bedrooms: two and one-half onsite
parking spaces.
ii. If the total number of parking spaces required for a housing
development is other than a whole number,the number shall
be rounded up to the next whole number. For purposes of
this Section only, a housing development may provide
"onsite parking"through tandem parking or uncovered
parking but not through on-street parking.
b. Approval of mixed use zoning in conjunction with the housing
project if commercial, office, industrial,or other land uses will
reduce the cost of the housing development and if the
commercial,office, industrial, or other land uses are compatible
with the housing project and the existing or planned development
in the area where the proposed housing project will be located.
06-392/3972 4
-_ XH 11317 Z.�{
Ordinance No.3764
C. Other regulatory incentives or concessions proposed by the
developer or the City that result in identifiable,financially
sufficient, and actual cost reductions.
2. Number of Incentives and Concessions. An applicant for a density
bonus shall receive the following number of incentives or concessions:
a. One incentive or concession for projects that include at least 10
percent of the total units for lower income households, at least five
percent for very low income households, or at least 10 percent for
persons and families of moderate income in a common interest
development.
b. Two incentives or concessions for projects that include at least 20
percent of the total units for lower income households,at least 10
percent for very low income households, or at least 20 percent for
persons and families of moderate income in a common interest
development.
C. Three incentives or concessions for projects that include at least 30
percent of the total units for lower income households,at least 15
percent for very low income households,or at least 30 percent for
persons and families of moderate income in a common interest
development.
E. Waiver or Reduction of Development Standards: An applicant may submit to the city
a proposal for the waiver or reduction of development standards. The applicant shall
show that the waiver or modification is necessary to make the housing units
economically feasible.
F. Donation or Transfer of Land. A developer may donate or transfer land in lieu of
constructing the affordable units within the project pursuant to Government Code
§ 65915 (h).
G. Child Care Facilities.
1. When a developer proposes to construct a housing development that includes
affordable units that conform to Section 230.1413 and includes a child care
facility that will be located on the premises of, as part of,or adjacent to the
housing development, the City shall grant either of the following:
a. An additional density bonus that is an amount of square feet of
residential space that is equal to or greater than the amount of
square feet in the child care facility.
b. An additional concession or incentive that contributes significantly
to the economic feasibility of the construction of the child care
facility.
2. A housing development shall be eligible for the density bonus or concession
described in this Section if the City makes all of the following findings:
06-392/3972 5
E x H
Ordinance No.3764
a. The child care facility will remain in operation for a period of
time that is as long as or longer than the period of time during
which the density bonus units are required to remain affordable
pursuant to Section 230.1413.2.
b. Of the children who attend the child care facility,the percentage
of children of very low income households,lower income
households,or moderate income households shall be equal to or
greater than the percentage of dwelling units that are required to
be affordable to very low income households, low income
households, or moderate income households.
3. "Child care facility," as used in this section, means a child day care
facility other than a family day care home, including, but not limited to,
infant centers,preschools, extended day care facilities,and schoolage
child care centers.
H. Procedure.
1. In addition to submitting all documentation required to apply for a
conditional use permit, a developer requesting a density bonus pursuant
to this section shall include the following in the written narrative
supporting the application:
a. A general description of the proposed project, general plan
designation, applicable zoning, maximum possible density
permitted under the current zoning and general plan designation
and such other information as is necessary and sufficient. The
property must be zoned and general planned to allow a minimum
of five (5) units to qualify for a density bonus.
b. A statement detailing the number of density bonus units being
proposed over and above the number of units normally permitted
by the applicable zoning and general plan designations.
C. A description of the requested incentive or concessions that the
developer requests.
d. A calculation of the density bonus allowed.
2. All subsequent City review of and action on the applicant's proposal for
a density bonus and/or consideration of any requested incentives or
concessions shall occur in a manner concurrent with the processing of
the conditional use permit and any other required entitlements, if any. If
the developer proposes that the project not be subject to impact fees or
other fees regularly imposed on a development of the same type, final
approval will be by the City Council.
3. The Planning Commission/City Council shall review the subject
Affordability Agreement concurrently with the development proposal.
No project shall be deemed approved until the Affordability Agreement
has been approved by the City Council. (3710-6/05)
06-392/3972 6
tXHIT3IT 2.(o
Ordinance No.3764
4. The Planning Commission/City Council may place reasonable conditions
on the granting of the density bonus and any other incentives as proposed
by the applicant. However,such conditions must not have the effect,
individually or cumulatively,of impairing the objective of California
Government Code Section 65915 et seq., and this section, of providing
affordable housing for qualifying residents.
5. A monitoring fee,as established by resolution of the City Council,shall
be paid by the applicant to the City prior to issuance of a certificate of
occupancy for the first unit. This fee shall be in addition to any other
fees required for the processing of the conditional use permit,
environmental analysis, and/or any other entitlements required.
I. Required findings for approval.
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. (3334-6/97)
J. Required findings for denial.
1. Concessions or Incentives. The city shall grant the concession or
incentive requested by the applicant unless the city makes a written
finding, based upon substantial evidence,of either of the following:
a. The concession or incentive is not required in order to provide
affordable housing costs, as defined in Section 50052.5 of the
Health and Safety Code, or for rents for the targeted units to be set
as specified in California Government Code Section 65915(c).
b. The concession or incentive would have a specific adverse impact,
as defined in paragraph (2) of subdivision (d) of California
Government Code Section 65589.5, upon public health and safety
or the physical environment or on any real property that is listed in
the California Register of Historical Resources and for which there
06-392/3972 7 x u
Ordinance No.3764
is no feasible method to satisfactorily mitigate or avoid the specific
adverse impact without rendering the development unaffordable to
low and moderate-income households.
SECTION 2. All other sections of Chapter 230 of the Huntington Beach Zoning and
Subdivision Ordinance not amended hereby remain in full force and effect.
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 5th day of February ,2007
Ma
ATTEST: APPROVED AS TO FORM:
City C er t / City Attorney
REVIEWED AND APPROVED: INITIAT f4W
ED:
City A istrator Director of P anning
06-392/3972 8
EXH1T3IT -..
Ord. No.3764
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1,JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-ofcio Clerk of the City Council of said City,do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven;that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 16th day of January,2007,and was again read to said City
Council at a rmular meeting thereof held on the 5th day of February,2007, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council_
AYES: Bohr, Carchio, Cook,Coerper, Green, Hansen, Hardy
NOES: None
XW of the original on file in tf 6 sq
ABSENT: None Att��t P6. If, 20�
DA�
ABSTAIN: None City Clark tend Ex-otf1eto 6 rk of Vl W
Couna of the City of Huntington Bsadv,
� lornla�.
1,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Cleric of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on February 15,2007.
In accordance with the City Charter of said City
Jo L. Fl ... Ci!y Clerk Cif/Clerk and ex-officio erk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
T
ExH1'� � Z. q
ORDINANCE NO. 3 7 61
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTER 210 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION
ORDINANCE RELATING TO RESIDENTIAL DISTRICTS-DAY CARE CENTERS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 210.04 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended by changing the land use controls for Day Care-Large Family,as
follows:
210.04 RL,RM,RMH,RH,and RMP Districts: Land Use Controls
In the following schedules,letter designations are used as follows:
"P"designates use classifications permitted in residential districts.
"L"designates use classifications subject to certain limitations prescribed by the
"Additional Provisions"that follow.
"PC"designates use classifications permitted on approval of a conditional use.permit
by the Planning Commission.
"ZA" designates use classifications permitted on approval of a conditional use permit
by the Zoning Administrator.
"TU"designates use classifications allowed upon approval of atemporary use permit
by the Zoning Administrator.
"P/U"designates that accessory uses are permitted,however,accessory uses are
subject to approval of a conditional use permit if the primary use requires a
conditional use permit.
Use classifications that are not listed are prohibited. Letters in parentheses in the"Additional
Provisions"column refer to provisions following the schedule or located elsewhere in the
zoning ordinance. Where letters in parentheses are opposite a use classification heading,
referenced provisions shall apply to all use classifications under the heading.
(Rest of page not used)
06493/4219 1
Ordinance No. 3761
RI,RM,RMH,RH,and P = Permitted
RMP DISTRICTS: L = Limited(see Additional Provisions) M34-M
LAND USE CONTROLS PC = Conditional use permit approved by Planning Commission
ZA = Conditional use permit approved by Zoning Administrator
TU = Temporary Use Permit
P/U= Requires conditional use permit on site of conditional use
= Not Permitted
RL RM RMH RMP Additional
RH Provisions
Residential Uses (A)(MXQ)
Day Care,Ltd. P P P P
Group Residential - - PC -
Multi-family Residential (BXC)(D)(R)
2-4 units ZA P P -
5-9 units ZA ZA ZA -
10 or more units PC PC PC -
Manufactured Home Parks ZA ZA - ZA (E)(F)
Residential,Alcohol Recovery, Ltd. P P P P
Residential Care,Limited P P P P
Single-Family Residential P P P P (B)(D)(F)(P)(R)
Public and Semipublic (AXO)
Clubs&Lodges PC PC ZA ZA
Day Care,Large-family L-6 L-6 L-6 L-6
Day Care,General L-1 ZA ZA ZA
Park&Recreation Facilities L-2 L-2 L-2 L-2
Public Safety Facilities PC PC PC PC '
Religious Assembly L-3 PC PC PC
Residential Care,General - L-1 PC PC
Schools,Public or Private PC PC PC PC
Utilities,Major PC PC PC PC
Utilities,Minor P P P P
Commercial
Communication Facilities L-5 L-5 L-5 L-5
Horticulture ZA ZA ZA ZA
Nurseries ZA ZA ZA ZA
Visitor Accommodations
Bed and Breakfast Inns - - L-4 -
Accessory Uses P/U P/U P/U P/U (AXG)(H)(I)(LXM)
Temporary Uses (J)(M)
Commercial Filming, Limited P P P P
Real Estate Sales P P P P (1)
Personal Property Sales P P P P
Street Fairs TU TU TU TU
Nonconforming Uses (K)(L.)
06493/4219 2
Ordinance No. 3761
RL,RM,RMH,RH,and RMP Districts: Additional Provisions
L-1 A conditional use permit from the Planning Commission is required and only allowed on
lots 1.0 acre(gross acreage)or greater fronting an arterial in RL District.
L-2 Public facilities permitted,but a conditional use permit from the Zoning Administrator is
required for private noncommercial facilities,including swim clubs and tennis clubs.
L-3 A conditional use permit from the Planning Commission is required,and only schools
operating in conjunction with religious services are permitted as an accessory use. A
General Day Care facility may be allowed as a secondary use,subject to a conditional use
permit,if the Planning Commission finds that it would be compatible with adjacent areas
and not cause significant traffic impacts.
L-4 A conditional use permit from the Zoning Administrator is required and only allowed on
lots 10,000 sq.8.or greater in RMH-A subdistrict. See also Section 230.42:Bed and
Breakfast Inns.
L-5 Only wireless communication facilities permitted subject to section 230.96 Wireless
Communication Facilities.
L-6 Neighborhood notification is required pursuant to Section 241.24. No architectural plans
shall be required.
(A) Any addition or modification subsequent to the original construction that would result in
an increase in the amount of building area,or a structural or architectural alteration to the
building exterior,shall require an amendment to the previously approved conditional use
permit,if any,or approval of a new conditional use permit.
(B) A conditional use permit from the Planning Commission is required for residential uses
requesting reduction in standards for senior citizens(See Section 210.08),for affordable
housing(See Sections 210.10 and 230.14),or for density bonus(See Section 230.14).
(C) A conditional use permit from the Zoning Administrator is required for any multiple
family residential development that:
(1) abuts an arterial highway;
(2) includes a dwelling unit more than 150 feet from a public street;or
(3) includes buildings exceeding 25 feet in height.
(D) See Section 210.12: Planned Unit Development Supplemental Standards. In addition,a
conditional use permit is required for condominium conversion pursuant to Chapter 235.
(E) See Section 210.14: RMP District Supplemental Standards. In addition,Neighborhood
Notification pursuant to Chapter 241 is required for the addition of manufactured home
space(s)to an existing Manufactured Home Park.
(F) See Section 230.16: Manufactured Homes.
(G) See Section 230.12: Home Occupation in R Districts.
06493/4219 3
EXHIbITAA-3
Ordinance No. 3761
(H) See Section 230.08: Accessory Structures.
(I) See Section 230.10: Accessory Dwelling Units.
(J) See Section 241.20:Temporary Use Permits.
(K) See Chapter 236:Nonconforming Uses and Structures.
(L) See Chapter 233: Signs. _
(M) Tents,trailers,vehicles,or temporary structures shall not be used for dwelling purposes.
(N) See Section 230.18: Subdivision Sales Offices and Model Homes.
(0) Limited to facilities on sites of fewer than 2 acres.
(P) See Section 230.22: Residential Infill Lot Developments.
(Q) See Section 230.20: Payment of Parkland Dedication In-Lieu Fee.
(R) Small lot development standards for RM,RMH,and RH Districts. A conditional use
permit from the Planning Commission is required for small lot residential subdivisions,
including condominium maps for detached single family dwellings. See also Section
230.24: Small Lot Development Standards.
SECTION 2. All other Chapters of the Zoning and Subdivision Ordinance not amended
hereby shall remain in full force and effect.
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 2nd day of January 2W 7
. r
ATTEST: APPROVED AS TO FORM:
City C erk 47�
ty9 Oct, ttorney uG '31�
REVIEWED AND APPR VED: INITIA APPROVED:
City dministrator Waing irector of Planning
0&49V4219 4
P
Ord.No.3761
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I,JOAN L.FLYNN,the duly elected,qualified City Clerk of the City of
Huntington Beach,and ex-officio Clerk of the City Council of said City,do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven;that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 18th day of December,2006,and was again read to said
City Council at a regular meeting thereof held on the 2nd dal of January,2007,and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Bohr,Cook,Coerper,Green,Hansen,Hardy
NOES: Carchio
ABSENT: None copy of the original on file in Ws ai'mk �
Attest f L 20LT_
ABSTAIN: None
Mi Clerk and Ex-odficio ClGr k of tha C i t
Gaundl of the City of Huntington Bee-
1,Joan L.Flynn,CITY CLERK of the City of Huntington rpt '
Beach and ex-officio Clerk of the City Council,do hereby z/
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on January 11,2007.
In accordance with the City Charter of said City
Joan L.FI nn City Clerk C Clerk and ex-officio Clerk
. De ,
puty City Clerk of the City Council of the City
of Huntington Beach,California
ORDINANCE NO. 3756
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 203 OF THE HUNTINGTON BEACH ZONING
AND SUBDIVISION ORDINANCE TITLED
DEFINITIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 203.06 Definitions of the Huntington Beach Zoning and
Subdivision Ordinance is hereby amended to add the following definition:
Vehicle Storage. The business of storing or safekeeping of operative and
inoperative vehicles for periods of time greater than a 24 hour period.
SECTION 2. All other provisions of Chapter 203 not modified herein shall remain in
full force and effect.
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4 T H day of D E C E M B E R , 2006.
Ma
ATTEST: PPROVED AS TO FORM:
City Clerk /�,, City ttomey WI"5 �Y
REVIEWED AND APPROVED: INITI D AND APPROVED:
City A4ministrator % Dir ctor of Planning
06-539/4691
EX 113 IT 138 . 1
Ord. No. 3756
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1,JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven;that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 20th day of November,2006,and was again read to said
City Council at a regular meeting thereof held on the 4th day of December,2006,and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Bohr,Carchio,Cook, Coerper, Green, Hansen, Hardy
NOES: None
ABSENT: None c: of th®original on file(in tl)ls 011ie'0,
Attest ik 6- 91 20
ABSTAIN: Noneg �
pity Ciark and 1 flecte Clerk of the cwy
council of the city of Huntington Beng,.
1,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do herebyQ
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on December 14,2006.
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk C Clerk and ex-officio Qerk
h4at"evutv City Clerk of the City Council of the City
of Huntington Beach, California
Ex H 1b rr ��.a
ORDINANCE NO. 3 7 5
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 204 OF THE HUNTINGTON BEACH ZONING
AND SUBDIVISION ORDINANCE TITLED
USE CLASSIFICATIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 204.10 FF.7 Vehicle Storap-e of the Huntington Beach Zoning and
Subdivision Ordinance is hereby amended to read as follows:
7. Vehicle Storage. The business of storing or safekeeping of operative and
inoperative vehicles for periods of time greater than a 24 hour period,
including, but not limited to, the storage of parking tow-aways,impound
yards, and storage lots for automobiles,trucks, buses and recreational
vehicles, but not including vehicle dismantling. (333"/97)
SECTION 2. All other provisions of Chapter 204 not modified herein shall remain in
full force and effect.
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4 t h day of December , 2006.
s
Ma
ATTEST: APPROVED AS TO FORM:
90��J— f)l-)
City Clerk City A orney q D(l
REVIEWED AND APPROVED: INITIA D A D APPROVED:
" Laak(',A
City Ad inistrator Director of Planning
06-539/4680
Ord. No. 3757
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I,JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach,and ex-officio Clerk of the City Council of said City,do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven;that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 20th day of November,2006,and was again read to said
City Council at a regular meeting thereof held on the 4th day of December,2006, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Bohr, Carchio, Cook,Coerper, Green, Hansen,Hardy
NOES: None
-3�Oregohg his5elautent is a cog l
- of the orginai on file in this
ABSENT: None Attest f I b. 20 n'
oo
ABSTAIN: None City Clerk Ex-offlcio Clerk of the City
Council of the City of Huntington Beni,
ST rtia
1,Joan L.Flynn,CITY CLERK of the City of Huntington 1„Q
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on December 14,2006_
In accordance with the City Charter of said City
Joan L. Flynn,CitesClerk CU Clerk and ex-officio Verk
De u City Clerk of the City Council of the City
of Huntington Beach, California
P X H 11317"rC.L
ORDINANCE NO. �j 7 5 8
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 231 OF THE HUNTINGTON BEACH ZONING
AND SUBDIVISION ORDINANCE TITLED
OFF-STREET PARKING AND LOADING PROVISIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 231.18 E Non-residential Parking and Loading of the Huntington
Beach Zoning and Subdivision Ordinance is hereby amended to add the following:
8. Parking spaces shall not be utilized or occupied by any other use or for
any other purpose than as parking for the associated on-site uses as
required by this chapter, unless in compliance with section 231.06,Joint
Use Parking.
SECTION 2. All other provisions of Chapter 231 not modified herein shall remain in
full force and effect.
SECTION 3. This ordinance shall become effective 30 days,after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4 t h day of December , 2006.
45.4�� 7)
S May
ATTEST: APPROVED AS TO FORM:
City Clerk IT 14 City Attorney
REVIEWED AND APPROVED: INITI D AND APPROVED.-
City A ministrator Di ec or of Planning P-0-GYM
06-539/4679 {�_ j '� �
T X r 1 1 1 1 I / 1 1.
f
Ord. No. 3758
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I,JOAN L. FLYNN,the duly elected,qualified City Clerk of the City of
Huntington Beach,and ex-officio Clerk of the City Council of said City,do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven;that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 20th day of November,2006, and was again read to said
City Council at a regular meeting thereof held on the 4th day of December,2006, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Bohr,Carchio,Cook, Coerper, Green, Hansen, Hardy
NOES: None
'%'D'T4air !IIstarunart is a C--03P*::
y of the original on file in this ON! 0.
ABSENT: None Attest -1 1 2dj,
LL
�-
ABSTAIN• None City Clerk and Ex-officio Clerk of the Cty
council of the City of Huntington r3e=N,
Cz;x'0erl1as.
1,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby `^ ' ►^
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on December 14,2006.
In accordance with the City Charter of said City Q60—
Joan L.Flynn,City Clerk Cit#lerk and ex-officio C k
A14
q!� Z—blevutv City Clerk of the City Council of the City
of Huntington Beach, California
kN iT-�iT T)n. �
ORDINANCE NO. 3763
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
.AMENDING CHAPTER 231 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE RELATING TO OFF-STREET PARKING AND
LOADING PROVISIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1.. In Section 231.18 of the Huntington Beach Zoning and Subdivision
Ordinance, subsections 231.18 D.8. and E.2. are hereby amended to read as follows:
231.18 Design Standards
D. Residential Parking
8. Privacy Gates: 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:
1) Fire Department approval for location and emergency entry.
2) Public Works Department approval of stacking and location.
3) Postmaster approval of location for mail boxes or entry for postal carrier.
4) Shall provide a driveway with a minimum of twenty(20) feet for vehicle
stacking.
5) 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.
E. Non-residential Parking and Loading.
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 Zoning Administrator. 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:
I) Fire Department approval for location and emergency entry.
2) Public Works Department approval of stacking and location.
3) Postmaster approval of location for mail boxes or entry for postal carrier.
4) Shall provide a driveway with a minimum of twenty (20) feet for vehicle
stacking.
5) 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.
SECTION 2. Section 231.20 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
06447/423; 1
E)(H I B FF Eel
Ordinance No. 3763
231.20 Bicycle Parking
1. Bicycle Parking Requirements:
a. Non-Residential Uses:
1) Buildings up to 50,000 square feet of gross building area: One bicycle
space for every twenty-five (25)automobile parking spaces required;
minimum of three(3).
2) Buildings over 50,000 square feet of gross building area:
The Director shall determine the number of bicycle spaces based upon the
type of use(s) and number of employees.
b. Multiple-Family Residential Uses: One bicycle space for every four units.
2. Facility Design Standards: Bicycle parking facilities shall include provision for
locking of bicycles, either in lockers or in secure racks in which the bicycle frame and
wheels may be locked by the user. Bicycle spaces shall be conveniently located on
the lot,close to the building entrance as possible for patrons and employees, and
protected from damage by automobiles.
SECTION 3. All other chapters of the Huntington Beach Zoning and Subdivision
t rdinance not amended hereby shall remain in full force and effect
SECTION 4. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 5th day of February 12007
Mayo
ATTEST: APPROVED AS TO FORM:
City Clerk OF City Attorney to t I
REVIEWED AND APPROVED: WITI ED AND APPROVED:
i" City(Administrator Di ector of Planning
06A47/4235 2 x j_ e
Y
I
Ord. No. 3763
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I,JOAN L. FLYNN, the duly elected,qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 16th day of January,2007,and was again read to said City
Council at ategular meeting thereof held on the 5th day of February,2007,and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Bohr,Carchio, Cook,Coerper, Green,Hansen, Hardy
NOES: None
cm
acW of the origlnW on ft to N3 MU--O.
ABSENT: None e� L' �� 20
AL�lABSTAIN:
�v None C ty Cl�rlc ruex- CIG ttb0 0tj'
Council of the City of Huntington 13e ; ,
IR..
1,loan L_Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this of has been
published in the Huntington Beach Fountain Valley
Independent on February 15,2007_
In accordance with the City Charter of said City
Joan L. FI nn City Clerk City erk and ex-officio Cl
Deauty Citv Clerk of the City Council of the City
of Huntington Beach, California
EXH l*B IT EF.S
Res. No. 2007-21
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 19th day of March, 2007 by the
following vote:
AYES: Carchio, Cook, Coerper, Green, Hansen, Hardy
NOES: None
ABSENT: Bohr
ABSTAIN: None
4!�J—
C(4 Clerk and ex-offici6berk of the
City Council of the City of
Huntington Beach, California