HomeMy WebLinkAboutCity Council - 2009-36 RESOLUTION NO. 2009-36
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE BY AMENDING SECTION 230.14
AND 231.18 THEREOF TO CONFORM LCP AMENDMENT NO. 1-07B
TO MODIFICATIONS MADE BY THE CALIFORNIA COASTAL COMMISSION
WHEREAS, pursuant to the State Planning and Zoning Law, the Huntington Beach City
Council has held a public hearing relative to amending the Huntington Beach Zoning and
Subdivision Ordinance wherein all information presented at said hearing was carefully considered,
and after due consideration of the findings and all evidence presented to the City Council,the City
Council found that such amendment to the Huntington Beach Zoning and Subdivision Ordinance
was proper, and consistent with the Huntington Beach General Plan and Huntington Beach Local
Coastal Program,
NOW, THEREFORE,the City Council of the City, of Huntington Beach does hereby
resolve as follows:
SECTION 1. The proposed amendment to the Huntington Beach Zoning and Subdivision
Ordinance as identified on the attached Exhibit A and incorporated by this reference as though
fully set forth herein, is hereby adopted and approved.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 6 t h day of July , 2009.
o,
Mayor
REVIEW APPROVED: APPR VED AS TO FORM:
City A i is ator ity Attorney
INITIA D AND APP OVED:
Direct r of lammng
09-2088/33802
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
Chapter 230 Site Standards
(3249-6195,3301-11/95,3334-6/97,3410-3/99,3455-5/00,3482-12/00,3494-5/01,3525-2/02,3568-9/02,EMG 3594-11/02,EMG
3596-12/02,Resolution No.2004-80-9/04,3687-12/04,3710-6/05,3724-02/06,3730-03/06,Interim Urgency Ordinance 3748-8/06,
Resolution No.2006-62-9/06,3764-3/07,3779-10/07,3827-4/09)
Note: Ordinance No.3827,effective from 4/15/09 to 4/15/10 unless extended by the City Council,temporarily defers the payment of
certain Development Impact Fees.
Sections:
230.02 Applicability
Residential Districts
230.04 Front and Street Side Yards in Developed Areas
230.06 (Deleted) (3724-o2/06)
230.08 Accessory Structures
230.10 Accessory Dwelling Units
230.12 Home Occupation in R Districts
230.14 Affordable Housing Density Bonus
230.16 Manufactured Homes
230.18 Subdivision Sales Offices and Model Homes
230.20 Payment of Park Fee
230.22 Residential Infill Lot Developments
230.24 Small Lot Development Standards
230.26 Affordable Housing
230.28 (Reserved)
230.30 (Reserved)
Non-Residential Districts
230.32 Service Stations
230.34 Housing of Goods
230.36 Transportation Demand Management
230.38 Game Centers
230.40 Helicopter Takeoff and Landing Areas
230.42 Bed and Breakfast Inns
230.44 Recycling Operations
230.46 Single Room Occupancy
230.48 Equestrian Centers
230.50 Indoor Swap Meets/Flea Markets
230.52 (Reserved)
230.54 (Reserved)
230.56 (Reserved)
230.58 (Reserved)
230.60 (Reserved)
All Districts
230.62 Building Site Required
230.64 Development on Substandard Lots
230.66 Development on Lots Divided by District Boundaries
230.68 Building Projections into Yards and Courts
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 1 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
230.70 Measurement of Height
230.72 Exceptions to Height Limits
230.74 Outdoor Facilities
230.76 Screening of Mechanical Equipment
230.78 Refuse Storage Areas
230.80 Antennae
230.82 Performance Standards for All Uses
230.84 Dedication and Improvements
230.86 Seasonal Sales
230.88 Fencing and Yards
230.90 Contractor Storage Yards/Mulching Operations
230.92 Landfill Disposal Sites
230.94 Carts and Kiosks
230.96 Wireless Communication Facilities
230.02 Applicability
This chapter contains supplemental land use and development standards, other than parking and
loading, landscaping and sign provisions,that are applicable to sites in all or several districts.
These standards shall be applied as specified in Title 21: Base Districts, Title 22: Overlay
Districts, and as presented in this chapter.
Residential Districts
230.04 Front and Street Side Yards in Developed Areas
Where lots comprising 60 percent of the frontage on a blockface in an R district are improved with
buildings that do not conform to the front yard requirements, the Planning Commission may adopt
by resolution a formula or procedure to modify the front and street side yard setback requirements.
The Planning Commission also may modify the required yard depths where lot dimensions and
topography justify deviations. Blocks with such special setback requirements shall be delineated on
the zoning map. Within the coastal zone any such setback modifications adopted by the Planning
Commission shall be consistent with the Local Coastal Program. (3334-6197)
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. (3710-6/05)
A. Timing. Accessory structures shall not be established or constructed prior to the start of
construction of a principal structure on a site, except that construction trailers may be placed
on a site at the time site clearance and grading begins and may remain on the site only for the
duration of construction.
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. (3710-6/05)
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 2 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
Minor accessory structures may be located in required side and rear yard setbacks provided
that the structure is located in the rear two-thirds of the lot and a minimum five foot clearance
is maintained between said structure and dwelling if it is located in the required side yard.
Minor accessory structures that are decorative such as landscape garden walls, fire pits,
freestanding barbecues/fireplaces, sculptures, and fountains may be located anywhere on the
property provided: (3710-6/05)
1. They do not exceed 6-feet in height or exceed 42-inches in height when located within
the front yard setback and; (3710-6/05)
2. A minimum 5-foot clearance is maintained between said structure and the dwelling if it
is located in a required side yard; and (3710-6/05)
3. Rock formations shall be setback 1-foot from the side and/or rear property lines for
each foot of rock formation height, maximum 5-foot setback required. (3710-6/05)
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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.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 3 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
E. Patio Covers. A patio cover open on at least 2 sides and complying with all other provisions
of this subsection may be attached to a principal structure provided a 5-foot clearance to all
property lines is maintained.
F. Decks. A deck 30 inches or less in height may be located in a required yard.
G. Se aration. The distance between buildings on the same lot shall not be less than 10 feet.
230.10 Accessory Dwelling Units
A. Permit Required. Accessory dwellings may be permitted in all R districts on lots with a single
family dwelling subject to Director approval. Requests shall be submitted to the Director
accompanied by the required Neighborhood Notification, plans and elevations showing the
proposed accessory dwelling and its relation to the principal dwelling, descriptions of building
materials, landscaping and exterior finishes to be used and parking to be provided,and any
other information required by the Director to determine whether the proposed unit conforms to
all requirements of this code. The Director shall approve an accessory dwelling unit upon
finding that the following conditions have been met: (3710-6/05)
1. 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; (3710-6/05)
2. The accessory unit maintains the scale of adjoining residences and is compatible with the
design of existing dwellings in the vicinity in terms of building materials, colors and
exterior finishes;
3. The main dwelling or the accessory dwelling will be owner-occupied; and
4. Public and utility services including emergency access are adequate to serve both
dwellings.
B. Design and Development Standards.
1. Minimum Lot Size. 6,000 square feet.
2. Maximum Unit.Size. The maximum square footage of the accessory dwelling unit shall
not exceed 650 square feet and shall not contain more than one bedroom.
3. Required Setbacks. Accessory dwelling units shall comply with minimum setbacks of
Chapter 210.
4. Height and Building Coverage. The basic requirements of Chapter 210 shall apply unless
modified by an overlay district.
5. Parking. All parking spaces shall comply with Section 231.18D. (3334-6/97)
6. Design. The accessory unit shall be attached to the main dwelling unit in such a manner as
to create an architecturally unified whole, not resulting in any change to the visible
character of the street. The entrance to the accessory unit shall not be visible from the
street in front of the main dwelling unit. Building materials, colors and exterior finishes .
should be substantially the same as those on the existing dwelling.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 4 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
C. Ownership. The second unit shall not be sold separately from the main dwelling unit.
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. (3710-6/05)
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. (3710-6/05)
230.12 Hoene Occupation in R Districts
A. Permit Required. A home occupation in an R district shall require a Home Occupation Permit,
obtained by filing a completed application form with the Director. The Director shall approve
the permit upon determining that the proposed home occupation complies with the
requirements of this section.
B. Contents of Application. An application for a Home Occupation Permit shall contain:
1. The name, street address, and telephone number of the applicant;
2. A complete description of the proposed home occupation, including number and
occupation of persons employed or persons retained as independent contractors, amount of
floor space occupied, provisions for storage of materials, and number and type of vehicles
used.
C. Required Conditions. Home occupations shall comply with the following conditions:
1. A home occupation shall be conducted entirely within one room in a dwelling. No outdoor
storage shall be permitted. Garages shall not be used in connection with such business
except to park business vehicles.
2. No one other than a resident of the dwelling shall be employed on-site or report to work at
the site in the conduct of a home occupation. This prohibition also applies to independent
contractors.
3. There shall be no display of merchandise, projects, operations, signs or name plates of any
kind visible from outside the dwelling. The appearance of the dwelling shall not be
altered, or shall the business be conducted in a manner to indicate that the dwelling or its
premises is used for a non-residential purpose, whether by colors, materials, construction,
.lighting, windows, signs, sounds or any other means whatsoever.
4. A home occupation shall not increase pedestrian or vehicle traffic in the neighborhood.
5. No commercial vehicle or equipment used in conjunction with the home occupation shall
be parked overnight on an adjacent street or in any yard visible from the street.
6. No motor vehicle repair for commercial purposes shall be permitted.
7. A home occupation shall not include an office or salesroom open to visitors, and there
shall be no advertising of the address of the home occupation.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 5 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
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. (3710-6/05)
9. Any authorized City employee may inspect the premises of a home occupation upon 48
hours notice to ascertain compliance with these conditions and any requirements of this
code. The permit for a home occupation that is not operated in compliance with these
provisions shall be revoked by the Director after 30 days written notice unless the home
occupation is altered to comply.
230.14 Affordable Housing 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.
(3764-3/07)
B. Affordability requirements.
l. 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: (3764-3/07)
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 (3764-3/07)
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 (3764-3/07)
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 (3764-3/07)
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. (3764-3/07)
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. (3764-3/07)
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. (3764-3/07)
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 6 of 56
Exhibit"A"-Resolution No.2009-36
LEGISLATIVE DRAFT
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. (3764-3/07)
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: (3764-3/07)
a. Upon resale,the seller of the unit shall retain the value of any improvements,
the down payment,and the seller's proportionate share of appreciation. The
City shall recapture any initial subsidy and its proportionate share of
appreciation, which shall then be used within three years for any of the
purposes described in subdivision(e)of Section 33334.2 of the Health and
Safety Code that promote homeownership. (3764-3/07)
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 down payment assistance or mortgage
assistance. If upon resale the market value is lower than the initial market
value, then the value at the time of the resale shall be used as the initial market
value. (3764-3/07)
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.
(3764-3/07)
3. Affordable unit distribution and product mix. Affordable units shall be located
throughout the project and shall include a mixture of unit types in the same ratio as
provided throughout the project.
4. Affordabilityagreement. Affordability shall be guaranteed through an "Affordability
Agreement" executed through the developer and the City. Said agreement shall be
recorded on the subject property with the Orange County Recorder's Office prior to the
issuance of building permits and shall become effective prior to final inspection of the
first unit. The subject agreement shall be legally binding and enforceable on the
property owner(s) and any subsequent property owner(s) for the duration of the
agreement. The agreement shall include, but not be limited to, the following items:
(3764-3/07)
a. The duration of the affordability and the number of the affordable units;
(3764-3/07)
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
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 7 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
C. Standards for maximum qualifying household incomes and standards for
maximum rents or sales prices.
5. Ci . 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. (3764-3/07)
C. Calculation of Densi1y 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 230.1413. (3764-3/07)
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.
(3764-3/07)
b. For housing developments meeting the very low income criteria of Section
230.1413.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.
(3764-3/07)
C. For housing developments meeting the senior citizen housing criteria of Section
230.14B.1_c, the density bonus shall be 20 percent. (3764-3/07)
d. For housing developments meeting the moderate income criteria of Section
230.1413.1.d, the base density bonus of five percent shall be increased by one
percent for every one percent increase in the percentage of moderate income
units over 10%. The maximum density bonus shall be 35 percent. (3764-3/07)
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. (3764-3/07)
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 230.1413.1. (3764-3/07)
4. Reductions in Densitv Within the Coastal Zone. In reviewing
residential eve o ment anplications for ow- anil mo erate-income
ous�n as defined in Government Code section the
Uity ins not re uire measures that reduce residential . ensities below
the,density sought by an applicant if the density sou2 is wit in Me
Rermitted densityor range of densi establishedlocal zonin2 P1us
the additional dens i ermitte under overn$nent Uode section
65915, un ess.t e Ui makes a flndin2, basedon substantial eviiienee
in the record, that the densily sought by Me applicant cannot KeasiSly
e accommodated on the site in a manner that is in conformity with
the certified ocal Coastal Proeram.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 8 of 56
Exhibit"A"—Resolution No. 2009-36
LEGISLATIVE DRAFT
D. Incentives and Concessions.
l. 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: (3764-3/07)
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. (3764-3/07)
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:
(3764-3/07)
1. Zero to one bedroom: one onsite parking space. (3764-3/07)
2. Two to three bedrooms: two onsite parking spaces. (3764-3107)
3. Four or more bedrooms: two and one-half onsite parking spaces.
(3764-3/07)
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 the Section only, a housing development
may provide"onsite parking" through tandem parking or uncovered parking
but not through on-street parking. (3764-3/07)
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.
(3764-3/07)
C. Other regulatory incentives or concessions proposed by the developer or the
City that result in identifiable, financially sufficient, and actual cost reductions.
(3764-3/07)
2. Number of Incentives and Concessions. An applicant for a density bonus shall receive
the following number of incentives or concessions: (3764-3/07)
a. One incentive or concession for projects that included 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. (3764-3/07)
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. (3764-3ro7)
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 9 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
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. (3764-3/07)
3. Re uirements for Incentives and Concessions Within the Coastal
Zone. Within the coastal zone any incentive or concession or
com ination of Incentives and concessions must be consistent with the
requirements of the certifled EandUse Plan.
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.
(3764-3/07)
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). (3764-3/07)
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: (3764-3/07)
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. (3764-3/07)
b. An additional concession or incentive that contributes significantly to the
economic feasibility of the construction of the child card facility. (3764-3/07)
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: (3764-3/07)
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. (3764-3/07)
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. (3764-3/07)
3. "Child care facility," as used in this section, means a child day care facility other than a
family day care home, including, but not limited to, infant centers, preschools,
extended day care facilities, and school age child care centers. (3764-3/07)
H. Procedure. (3764-3/07)
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: (3764-3/07)
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 10 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
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. (3764-3/07)
C. A description of the requested incentive or concessions that the developer
requests. (3764-3/07)
d. A calculation of the density bonus allowed. (3764-3/07)
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. (3764-3/07)
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)
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. (3764-3/07)
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. (3764-3/07)
1. Densi1y 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.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 11 of 56
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LEGISLATIVE DRAFT
e. If located within the coastal zone,the proposed project which includes a density
bonus will be consistent with the re uirements of the certified
Land se an an will not result in the fill, dredge, or diking of a
wetlands.
(3334-6/97)
J. Required finding,for denial. (3764-3/07)
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 eith one or more of the following. (3764-3107)
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). (3764-3/07)
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 is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact without rendering the development unaffordable to low
and moderate-income households. (3764-3/07)
C. The concession or incentive is inconsistent with the
requirements of Me certi >ieil Lanil Use Plin.
230.16 Manufactured Homes
A. General Requirements. Manufactured homes may be used for residential purposes if such
manufactured home conforms to the requirements of this section and is located in an R district.
Manufactured homes also may be used for temporary uses, subject to the requirements of a
temporary use permit issued under Chapter 241.
B. Location and Design Requirements. Manufactured homes may be located in any R district
where a single family detached dwelling is permitted, subject to the same restrictions on
density and to the same property development standards,provided that such manufactured
home meets the design and locational criteria of this subsection. These criteria are intended to
protect neighborhood integrity, provide for harmonious relationship between manufactured
homes and surrounding uses, and minimize problems that could occur as a result of locating
manufactured homes on residential lots.
1. Location Criteria: Manufactured homes shall not be allowed:
a. On substandard lots that do not meet the dimensional standards of Chapter 210;
b. As a second or additional unit on an already developed lot;or
c. As an accessory building or use on an already developed lot.
2. Design Criteria: Manufactured homes shall be compatible in design and appearance with
residential structures in the vicinity and shall meet the following standards:
a. Each manufactured house must be at least 16 feet wide;
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 12 of 56
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LEGISLATIVE DRAFT
b. It must be built on a permanent foundation approved by the Building Official;
c. It must have been constructed after June 1, 1979, and must be certified under the
National Manufactured Home Construction and Safety Act of 1974;
d. The unit's skirting must extend to the finished grade;
e. Exterior siding must be compatible with adjacent residential structures, and shiny
or metallic finishes are prohibited;
f. The roof must have a pitch of not fewer than 2 inches vertical rise per 12 inches
horizontal distance,with eave overhangs a minimum of 12 inches;
g. The roof must be of concrete or asphalt tile, shakes or shingles complying with the
most recent editions of the Uniform Building Code fire rating approved in the City
of Huntington Beach;
h. The floor must be no higher than 20 inches above the exterior finished grade; and
i. Required enclosed parking shall be compatible with the manufactured home design
and with other buildings in the area.
C. Cancellation of State Registration. Whenever a manufactured home is installed on a
permanent foundation, any registration of said manufactured home with the State of California
shall be canceled, pursuant to state laws and standards. Before occupancy, the owner shall
provide to the Director satisfactory evidence showing: that the state registration of the
manufactured house has been or will, with certainty,be canceled; if the manufactured house is
new and has never been registered with the state, the owner shall provide the Director with a
statement to that effect from the dealer selling the home.
230.18 Subdivision Sales Offices and Model Domes
Subdivision sales offices and model homes in conjunction with an approved subdivision is
permitted with the following requirements. (3525-2/02)
A. The office shall be discontinued within 30 days following sale of the last on-site unit. A cash
bond shall be posted with the City in the amount of$1,000 for the sales office and$1,000 for
each model home to guarantee compliance with the provisions of this code.
B. The developer or contractor shall furnish a site plan showing the placement of the sales office
and all model signs, parking signs, directional signs,temporary structures, parking and
landscaping.
C. No sales office shall be converted or expanded into a general business office for the contractor
or developer.
230.20 Payment of Park Fee
As a condition of development approval, all new commercial and industrial development and all
new residential development not covered by Chapter 254 of Title 25, Subdivision Ordinance,
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 13 of 56
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except for mobile home parks, shall pay a park fee. The fees shall be paid and calculated
according to a schedule adopted by City Council resolution. (EnnG 3594-11/02,EMG 3596-12/02,3827-4/09)
Note:Ordinance No.3827,effective from 4/15/09 to 4/15/10 unless extended by the City Council,temporarily defers the payment
of certain Development Impact Fees.
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 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. (3301-11/95,3710-6/05)
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. (3301-11195,
3710-6/05)
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.
1. Swimming pool/hot tub equipment, air conditioning equipment, and other permanently
installed motor driven equipment shall be located to minimize noise impacts on contiguous
residences. (3301-11/95)
C. Pad Height.
1. Pad height for new construction shall match to the extent feasible pad heights of
contiguous residences. Any property owner/developer who intends to add fill above the
height of the existing contiguous grades shall demonstrate to the Community 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
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 14 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
Beach, Department of Community Development by first class mail. The notice of
application shall include the following: (3301-11195)
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;
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.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 15 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
2. The applicant shall submit a copy of each notice mailed and proof of mailing of the
notice(s) when submitting the application for plan check(plan review). The adjacent
property owners shall have ten(10)working days from plan check(plan review) submittal
to provide comments regarding the application to the Director of Community
Development. All decisions of the Director regarding the application shall be final.
(3301-11/95)
230.24 Small Lot Development Standards
A. Permitted Uses. The following small lot development standards are provided as an alternative
to attached housing in multi-family districts. Small lot developments are permitted in RM,
RMH, and RH Districts(excluding RL Districts and RMH-A Subdistricts) subject to approval
of a Conditional Use Permit and Tentative Map by the Planning Commission. The Design
Review Board shall review and forward recommendations on all small lot development
proposals prior to Planning Commission action. These standards shall apply to all small lot
subdivisions, whether the tentative map is designed with single units per lot, or multiple units
per lot(condominium).
B. Design standards. The following standards shall be considered by the Planning Commission
prior to development approval:
1. Architectural features and general appearance of the proposed development shall enhance
the orderly and harmonious development of the area or the community as a whole.
2. Architectural features and complementary colors shall be incorporated into the design of
all exterior surfaces of the building in order to create an aesthetically pleasing project.
3. All vehicular access ways shall be designed with landscaping and building variation to
eliminate an alley-like appearance.
C. Development Standards. The following standards shall apply to all small lot developments:
Minimum Building Site or Lot Size 3,100 sq. ft. (3,400 sq. ft. avg.)
Minimum Lot Frontage 40 ft.
Cul de sac and knuckle 30 ft.
Maximum Height
Dwellings 30 ft.; max. 2 stories except
3`d level permitted <500 sq. ft.
Min. 5/12 roof pitch
No decks above the second story
Accessory Structures 15 ft.
Minimum Setbacks
Front
Dwelling 15 ft. +offsets in front facade
Covered Porches (unenclosed) 10 ft.
Garage 18 ft
Upper Story Upper story setback shall be varied
Side 8 ft. aggregate, min. 3 ft.
0 ft. permitted with min. 8 ft. on other side
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 16 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
Street Side 10 ft.; includes min.4 ft. landscape lettered lot
(6 ft. between bldg. and prop. line)
Rear
Dwelling 15 ft.; 50%of bldg.width may be at 13 ft.
Garage 3 ft.; 0 ft. if garage is designed to back to another
garage
Maximum Lot Coverage 50%+ 5%for covered porches,patio covers,
balconies.
Maximum Floor Area Ratio (FAR) 0.7
Minimum Interior Garage Dimension Min. 400 sq. ft.;
(width x depth) min. 18 ft.wide
Minimum Building Separation to 6 ft.
Accessory Building
Open Space
Common recreational area Projects of 20 units or more:
(project) 150 sq. ft./unit;
min. 5,000 sq. ft.; min. 50 ft. dimension.
Projects less than 20 units:
Min. 600 sq. ft. private and/or common per unit.
Private open space excludes side and front yard
setback areas. Common open space requires min. 10
ft. dimension.
Required Parking Small lot developments shall provide parking
consistent with single family residential
developments specified in Chapter 231. In addition,
minimum 1 on-street space per unit for guest/visitor
parking shall be provided.
A parking plan depicting the location of all parking
spaces shall be submitted with the conditional use
permit application.
Street Sections
Streets The city shall review proposed street sections upon
submittal of the tentative map and conditional use
permit applications.
Min. 36 ft. curb to curb may be permitted provided
all units in the development are equipped with
automatic sprinkler systems—On-street parking shall
be provided on both sides of the street.
Sidewalks/Parkways Sidewalks shall be provided on both sides of the
street.
Min. 6 ft. landscape parkways may be provided on
both sides of the street. Sidewalk widths shall be
designed to Public Works Standards.
Walls and Fences Block walls required; may allow wrought iron
element where appropriate
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 17 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
Landscaping Tree wells adjacent to landscape parkways on the
street side of curb is encouraged,however shall not
encroach into the min. 24 foot wide drive aisle.
Also see Chapter 232 Landscaping
230.26 Affordable Housing (3687-12/04,3827-4109)
A. Purpose.
1. The purpose and intent of this Chapter is to implement the goals, objectives and
policies of the City's Housing Element. It is intended to encourage 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.
(3687-12/04)
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. (3687-12/04)
B. Applicability. This section shall apply to new residential projects three(3)or more units in
Size. (3687-12/04)
1. A minimum of ten(10)percent of all new residential construction shall be
affordable housing units. (3687-12/04)
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. (3687-12/04)
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. (3687-12/04)
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
project. (3687-12/04)
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 parry. (3687-12/04)
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. (3687-12/04)
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 18 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
C. Fees in Lieu of Construction.
1. Fees paid to fulfill the requirements of this Section shall be placed in the City's
Affordable Housing Trust Fund,the use of which is governed by subsection E.
(3687-12/04)
2. The amount of the in-lieu fees shall be calculated using the fee schedule established
annually by resolution of the City Council. (3687-12/04)
3. One hundred (100)percent of the fees required by this Section shall be paid prior to
issuance of a building permit. (3687-12/04,3827-4/09) Note:Ordinance No.3827,effective from
4/15/09 to 4/15/10 unless extended by the City Council,temporarily defers the payment of certain Development
Impact Fees.
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. (3687-12/04)
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. (3687-12/04)
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. (3687-12/04)
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. (3687-12/04)
E. Miscellaneous Provisions.
1. The conditions of approval for any project that requires affordable units shall
specify the following items: (3687-12/04)
(a) The density bonus being provided pursuant to Section 230.14, if any; (3687-
12/04)
(b) The number of affordable units; (3687-12/04)
(c) The number of units at each income level as related to Orange County
Median Income; and (3687-12/04)
(d) A list of any other incentives offered by the City. (3687-12/04)
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.
(3687-12/04)
3. The Agreement shall specify an affordability term of not less than sixty(60)years.
(3687-12/04)
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 19 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
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. (3687-12/04)
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. (3687-12/04)
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. (3687-12/04)
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. (3687-12/04)
8. New affordable units shall be occupied in the following manner: (3687-12/o4)
(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 (3687-12/04)
(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. (3687-12/04)
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. (3687-12/04)
230.28 (Reserved)
230.30 (Reserved)
Non-Residential Districts
230.32 Service Stations
The following supplemental development standards shall apply to the Service Station use
classification.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 20 of 56
Exhibit"A" —Resolution No.2009-36
L,EGISL,ATIVE DRAFT
A. Minimum parcel size. 22,500 square feet.
B. Minimum frontage. 150 feet and located at the intersection of arterial highways.
C. Site Layout. Conditions of approval of a conditional use permit may impose restrictions on
outdoor storage and display and location of pump islands, canopies and service bay openings
and require buffering, screening, lighting, or planting areas necessary to avoid adverse impacts
on properties in the surrounding area.
D. Design standards.
1. In reviewing proposals, emphasis shall be placed on quality design of building materials
and landscape features. Service stations shall be designed so that form and scale are
harmonious and consistent with the character of the specific site,the adjacent uses and
structures, and the general neighborhood.
2. The location, number, and design of driveways as well as on and off-site traffic circulation
impacts shall be analyzed.
3. Service bay openings shall be designed to minimize the visual intrusion on surrounding
streets and properties. A maximum of 3 service bays shall be permitted per site, none of
which shall face a public right-of-way.
4. Lighting shall be of low profile design, indirect or diffused, and shall create no negative
impact on surrounding uses.
5. A minimum 10 percent of the site shall be landscaped. Landscaping plans shall conform to
all applicable provisions of Chapter 232 as well as conform to the following requirements:
a. A 3 foot-wide planter(inside dimension) along interior property lines shall be
provided, except at vehicular circulation openings. Additional landscaping may be
required to screen service bays from surrounding properties.
b. A 600 square-foot planter with a minimum dimension of 20 feet shall be provided at
the corner of intersecting streets.
c. A total of 70 square feet of planting area shall be located adjacent to and on the street
side of the main building.
6. Buildings shall conform to the setback regulations stated for the district in which the site is
located. Pump islands and canopy structures shall maintain the following minimum
setbacks from street side property lines:
Pump island: 20 feet
Canopy: 10 feet with ground clearance of 12 feet
E. Storage of Materials and Equipment. The provisions of Section 230.74, Outdoor Facilities,
shall apply, except that a display rack for automobile products no more than 4 feet wide may
be maintained at each pump island of a service station and a single tire storage display no more
than 8 feet high and 16 feet long may be located on the site of a service station. If display
racks are not located on pump islands, they shall be placed within 3 feet of the principal
building, and shall be limited to 1 per street frontage. Outside storage of motor vehicles for
more than 24 hours(7 days if the vehicle is actively being serviced) is prohibited, except as
provided for truck and utility trailer rentals. The location of display racks and vending
machines shall.be specified by the conditional use permit.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 21 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
F. Accesso , Uses. The accessory uses listed below shall be permitted as included on the
approved site plan. Such uses shall be subordinate to the main operation and shall not impede
safe vehicular and pedestrian circulation or be detrimental to surrounding properties or
potential customers. Such uses shall be included as part of the original conditional use permit
request or shall be subject to a new conditional use permit if proposed subsequent to the
original conditional use permit.
1. Convenience markets are permitted provided no automotive repair or truck or trailer rental
is permitted on the same site.
2. Automatic washing, cleaning and waxing of vehicles. Such activity shall be of an integral
design with the main structure.
3. Truck and utility truck rental is permitted provided the trucks do not exceed 25 feet in
length and are stored a minimum of 50 feet from the street property lines.
230.34 Housing of Goods
All goods, wares, merchandise,produce, and other commodities which are stored or offered for
sale or exchange in the commercial and industrial districts shall be housed in permanent buildings
except as otherwise provided by this code.
230.36 Transportation Demand Management
A. Purpose and intent. It is the purpose and intent to implement the requirements of Government
Code Section 65089.3(a)(2), to mitigate the impacts that development projects may have on
transportation mobility,congestion and air quality, and to promote transportation demand
management strategies.
B. Definitions. For purposes of this Section,the following definitions for the following terms
shall apply:
l. Alternative transportation mode: Any mode of travel that serves as an alternative to the
single occupant vehicle. This can include all forms of ridesharing, public transit, bicycling
or walking.
2. Carpool: Two (2) to six (6)persons traveling together in a single vehicle.
3. Employee: Means any person employed by a firm,person(s), business, educational
institution, non-profit agency or corporation, government agency, or other entity which
employs 100 or more persons at a single worksite. "Employee" shall include persons
employed on a full-time, part-time, or temporary basis.
4. Employer: Means any person(s), firm,business, educational institution, government
agency, non-profit agency or corporation, or other entity which employs or houses tenants
that collectively employ 100 or more employees at a worksite on a full and/or
part-time/temporary basis.
5. Building Size: Means the total gross floor area measured in square feet of a building or
group of buildings at a worksite. Includes the total floor area of both new development
and existing facilities.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 22 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
6. Mixed-Use Development: Means new development projects that integrate any one of
these land uses with another: residential, office, commercial, industrial and business park.
7. Tenant: Means the lessee of facility space at a development project who may also serve as
an employer.
8. Transportation Demand Management(TDM): Means the implementation of programs,
plans or policies designed to encourage changes in individual travel behavior. TDM can
include an emphasis on alternative travel modes to the single occupant vehicle(SOV) such
as carpools, vanpools and transit; and reduction of VMT and the number of vehicle trips.
9. Vanpool: Means a vehicle occupied by seven(7) or more persons traveling together.
10. Worksite: Means a building or group of buildings which are under common ownership
and the place of employment, base of operation, or predominate location of an employee or
group of employees.
C. Applicability:
1. These provisions apply to commercial, industrial,institutional,or other uses which are
determined to employ 100 or more persons, as determined by the employee generation
factors specified under subsection 4. This includes any permit for existing facilities that
already have 100 or more employees or will have 100 or more employees.
2. These provisions apply to all districts, planned communities and specific plan areas
including those covered by development agreements. These provisions shall supersede
other ordinances with which there is a conflict.
3. Notwithstanding "1" above,the following uses and activities shall be specifically exempt
from the provisions of this section:
a. Temporary construction activities on any affected project,including activities
performed by engineers, architects, contract subcontractors and construction workers.
b. Other temporary use classifications or as authorized by the Planning Zoning
Administrator/Director when such temporary activities are for a period not to exceed
30 days and held no more than once a year. (3710-6/05)
4. Employee generation factors shall be based on one of the following:
a. Employment projections developed by the property owner, subject to approval by the
Director;
b. Building sizes shall be considered equivalent to the 100 employee threshold as follows:
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 23 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
Building Size (in square feet)
Type of Use Equivalent to 100 Employees
Office/Professional 35,000
Hospital and Medical/Dental 40,000
Industrial (excluding Warehouses) 50,000
Commercial/Retail 50,000
Hotel 0.8 employees/hotel room
Motel 1.2
Resort Hotel 100,000
Mixed or multiple use
Warehouse 100,000
* The employment projection for a development of mixed or multiple uses shall be
calculated on a case-by-case basis based upon the proportion of development devoted
to each type of use.
D. Site development standards: Development projects subject to this section shall comply with
the following site development standards:
1. Parking for Carpool Vehicles
a. The following percentages of the total required parking spaces per Chapter 231 shall be
reserved and designated for employee carpool vehicles by making such spaces
"Carpool Only":
Percent of Total Parking Devoted to
Type of Use Employee Carpool Parking
Office Professional 13%
Hospital and Medical/Dental Office 9%
Industrial/Warehouse 14%
Commercial/Retail 5%
Hotel space for every 2 employees
b. Carpool spaces shall be located near the building's identified employee entrance(s) or
at other preferential locations within the employee parking areas as approved by the
Director.
2. Shower and Locker Facilities
Shower and locker facilities shall be provided for use by employees or tenants who
commute to the site by bicycle or walking. The use of such facilities shall be provided at
no cost to the user. The design of such facilities shall be shown on the plot plans in the
permit application and conform to the following:
a. Lockers shall be provided at a minimum ratio of 1 for every 20 employees.
b. Separate shower facilities shall be provided at a minimum rate of 2 per 100 employees.
3. Bicycle Parking
a. Bicycle parking facilities shall be provided at the minimum rate of 1 bicycle parking
space for every 20 employees or fraction thereof, in a secure location, and in close
proximity to employee entrances, for use by employees or tenants who commute to the
site by bicycle.
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b. A bicycle parking facility shall be a stationary object to which the user can lock the
bicycle frame and both wheels with a user-provided six (6)foot cable and lock.
4. Commuter Information Areas
A commuter information area shall be provided to offer employees appropriate information
on alternative transportation modes. This area shall be centrally located and accessible to
all employees or tenants and shall be sufficient size to accommodate such information on
alternative transportation modes.
5. Passenger Loading Areas
Unless determined unnecessary by the decision-maker, per Title 24,passenger loading
areas to embark and disembark passengers from rideshare vehicles and public
transportation shall be provided as follows:
a. Passenger loading area shall be large enough to accommodate the number of waiting
vehicles equivalent to 1%of the required parking for the project.
b. The passenger loading areas shall be located as close as possible to the identified
employee entrance(s), and shall be designed in a manner that does not impede
vehicular circulation in the parking area or in adjoining streets.
6. Parking for Vanpool Vehicles
Unless determined unnecessary by the decision-maker, per Title 24, parking for vanpool
vehicles shall be provided as follows:
a. The number of vanpool parking spaces shall be at least 1%of the employee carpool
parking spaces and reserved for such by marking the spaces "Vanpool Only."
b. For parking structures, vanpool vehicle accessibility shall include minimum T 2"
vertical clearance.
c. Vanpool parking spaces shall be located near identified employee entrance(s)or other
preferential locations.
7. Bus Stops
Unless determined unnecessary by the decision-maker, per Title 24, bus shelter,pullouts,
and pads shall be provided as necessary in consultation with affected transit service
providers.
230.38 Game Centers
The following supplemental requirements shall apply to the operation of game centers, including
mechanical or electronic games or any other similar machine or device, in order to control the
location and hours of operation of game centers so as not to allow school children to play the
games during school hours or to encourage minors to congregate in areas close to commercial
establishments that sell alcoholic beverages. The following conditions shall apply: (3710-6105)
A. Neighborhood Notification. Submit a request to the Director with neighborhood notification
pursuant to Chapter 241. (3710-6/05)
B. Adult Manager. At least one adult manager shall be on the premises during the time a game
center is open to the public.
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C. Hours of Operation for Minors under 18 Years of Age. No game center owners, manager or
employees shall allow a minor under 18 years of age to play a mechanical or electronic game
machine during the hours the public schools of the district in which the center is located are in
session, or after 9 p.m. on nights preceding school days, or after 10 p.m. on any night. It is the
responsibility of the owner or manager of the game center to obtain a current schedule of
school days and hours.
D. Locational Criteria. A game center shall not be permitted within 2,500 feet of a school site,
300 feet of the boundary of a residential district, or within 500 feet of a liquor store, a
nightclub, cocktail lounge or bar. The distance shall be measured as walking distance from the
game center to the property line of the school site,the district boundary, or the property line of
the liquor store, nightclubs, cocktail lounge, or bar, as the case may be.
E. Restrictions. The Director may impose reasonable restrictions on the physical design,
location, and operation of a game center and require a special bicycle parking area in order to
minimize the effects of noise, congregation,parking, and other nuisance factors that may be
detrimental to the public health, safety and welfare of the surrounding community. (3710-6/05)
230.40 Helicopter'Takeoff and Landing Areas
A. Permit Required. A conditional use permit may be issued for the construction and operation of
a heliport, helipad, or helistop if the Planning Commission finds that:
1. The helipad,heliport,or helistop conforms to the locational criteria and standards
established in Subsections (B) and(C) of this section, and the requirements of the
California Department of Transportation, Division of Aeronautics;
2. The heliport, helipad, or helistop is compatible with the surrounding environment; and
3. The proposed operation of the helicopter facility does not pose a threat to public health,
safety or welfare.
The Commission may impose conditions of approval on the conditional use permit to prevent
adverse impacts on surrounding properties. If such impacts can not be mitigated to an
acceptable level,the conditional use permit application shall be denied.
B. Locational Criteria.
1. Minimum Separation. Minimum separation between heliports, helipads, and helistops
shall be 1.5 miles, except for facilities specifically intended for emergency use, such as
medical evacuation or police functions, and temporary landing sites.
2. Protected Areas. No heliport, helipad, or helistop shall be located within 1,000 feet of an
R district or the site of a public or private school,except for heliports or helistops
specifically intended only for emergency or police use. Temporary landing sites within
1,000 feet of a public or private school may be allowed with a temporary use permit
subject to approval of the California Department of Transportation.
C. Site Development Standards.
1. Approach and departure paths 65 feet wide shall be free of obstruction for a minimum
distance of 400 feet.
2. Setbacks from property lines shall be as follows:
a. Takeoff and landing area- 50 feet;
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b. Helicopter maintenance facilities -25 feet;
c. Administrative or operations building - 15 feet.
3. Any lighting used for nighttime operations shall be directed away from adjacent properties
and public rights-of-way.
4. A telephone shall be provided on or adjacent to the heliport, helipad or helistop.
5. Helipads or helistops intended for emergency use shall have a landing pad with a standard
landing area designated and the words "Emergency Only." The initial direction of the
departure routes shall be indicated on the takeoff and landing area.
D Application Requirements. The following additional information shall be submitted with a
conditional use permit application: (3710-6/05)
1. An area map, at a scale of 1" = 800' showing existing land use within a two-mile radius of
the facility site and the proposed flight paths.
2. A plot plan of the site and vicinity, including all land within a 400-foot radius of the
takeoff and landing area,that shows clearly the height of the takeoff and landing area; the
height of existing, approved and proposed structures and trees within 50 feet of the
approach and takeoff flight paths; and the maximum allowable building height under
existing zoning.
3. A description of the proposed operations, including the type of use,names and descriptions
of helicopters expected to use the facility, and anticipated number and timing of daily
flights.
4. A helicopter noise study including a map of the approach and departure flight paths at a
scale of 1" = 800' showing existing day/night average noise levels in decibels(LDN noise
contours), future day/night average noise levels with the proposed facility and anticipated
flight operations, and single-event maximum sound levels associated with the types of
helicopters expected to use the facility.
230.42 Bed and Breakfast Inns
A. Permit Required. The Zoning Administrator may approve a conditional use permit for a bed
and breakfast inn in any C District and RMH-A District after a duly noticed public hearing
upon finding that: (3710-6/05)
l. The bed and breakfast inn will be operated by a property owner living on the premises;
2. The bed and breakfast inn conforms to the design and development standards of
Subsection(B)of this section and is compatible with adjacent buildings in terms of
building materials,colors and exterior finishes; and
3. Public and utility services, including emergency access, are adequate to serve the bed and
breakfast inn.
B. Design and Development Standards.
1. Minimum Size and Maximum Number of Guest Rooms. The inn shall contain at least
2,000 square feet,but no more than six rooms shall be rented for lodging.
2. Parking. The requirements of Chapter 231 shall apply.
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3. Si ns. The requirements of Chapter 233 apply. In addition, in the RMH-A district,no
identifying sign shall be displayed other than a sign no larger than 2 square feet identifying
the name of the establishment. The face of the sign may be indirectly illuminated by an
exterior light source entirely shielded from view, but no internal illumination from an
interior light source shall be permitted.
230.44 Recycling Operations
Collection containers shall be permitted for charitable organizations such as Goodwill. Recycling
containers shall be permitted as an accessory use to a permitted use. Recycling and collection
containers shall not be located within required parking or landscaped areas or obstruct pedestrian
paths. Recycling as an accessory use shall not exceed 500 square feet including any required
attendant parking space. A recycling operation as a primary use shall comply with the
development standards contained in Chapter 212.
230.46 Single Room Occupancy
Single room occupancy(SRO) shall comply with the following requirements:
A. General Provisions.
1. All projects shall comply with the most recently adopted City Building, Plumbing,
Mechanical, Electrical,Fire, and Housing Codes.
2. No more than one (1)person shall be permitted to reside in any unit, excluding the
manager's unit and up to 25 percent of the total number of units which have double
Occupancy. (3494-5/01)
3. A Management Plan shall be submitted for review and approval with the conditional use
permit application. The Management Plan shall contain management policies, operations,
emergency procedures, overnight guest policy, security program including video cameras
monitoring building access points at every floor, rental procedures and proposed rates,
maintenance plans, staffing needs, and tenant mix, selection and regulations. Income
levels shall be verified by a third party and submitted to the City of Huntington Beach as
part of the annual review. (3494-5/01)
4. An on-site, twenty-four(24) hour manager is required in every SRO project. In addition, a
manager's unit shall be provided which shall be designed as a complete residential unit,
and be a minimum of 300 square feet in size. (3494-5/01)
5. Rental procedures shall allow for monthly tenancies only; deposit requirements shall be
Specified. (3494-5/01)
6. All units within SRO projects shall be restricted to very low and low income individuals as
defined by the City's housing element, with the exception of the twenty-four(24) hour
manager. Rental rates shall be calculated using a maximum of 30%of income toward
housing expenses based on County of Orange income figures. (3494-5/01)
7. Each SRO project shall be subject to annual review by the City which includes the review
of management services. The management services plan shall define third party
verification criteria. The SRO project owner shall be responsible for filing an annual
report to the Planning and Economic Development Departments which includes the range
of monthly rents,the monthly income of residents, occupancy rates,and the number of
vehicles owned by residents. (3494-5/01)
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8. The Planning Commission or City Council may revoke the conditional use permit if any
violation of conditions or any of the adopted Huntington Beach Codes occurs. (3494-5/01)
B. Unit Requirements.
1. Minimum unit size shall be 250 square feet except double occupancy units shall be a
minimum of 400 square feet. (3494-5/01)
2. Maximum unit size shall be three hundred(300) square feet excluding manager's unit and
double occupancy units. (3494-5/01)
3. Each unit shall contain a kitchen and bathroom. (3494-5/01)
a. Kitchens shall contain a sink with garbage disposal, counter top (minimum 16" x 24"),
refrigerator, and stove/oven unit and/or microwave; (3494-5/01)
b. If stoves/oven units are not provided in each unit,then stoves/oven units shall be
provided in a common kitchen area(s). (3494-5/o1)
c. Bathrooms shall contain a lavatory, toilet, and shower or bathtub.
d. Each unit shall have a minimum forty-eight(48)cubic feet of closet/storage space.
C. Project Requirements.
1. Common recreational space shall be provided in each project as follows:
a. Minimum common recreational space shall be four hundred(400) square feet.
b. For projects exceeding thirty(30)units, an additional 10 square feet of recreational
space per unit is required. (3494-5/01)
Units that are 400 square feet or greater shall have a minimum of 15 square feet of
recreational space per unit. (3494-5/01)
c. Common recreational space may be indoor or outdoor provided there is at least forty
percent(40%) allotted toward indoor space and forty percent(40%)outdoor space; the
balance may be either indoors or outdoors.
d. Common recreational space may be in separate areas provided each space is not less
than two hundred(200) square feet in size and has no less than a ten(10) foot
dimension.
2. A single controlled entryway for routine ingress and egress shall be situated adjacent to
and in full view of the manager's desk.
3. A secured office area shall be incorporated in the facility for the storage of confidential
resident records and security office personnel. (3494-5/01)
4. Mailboxes shall be provided for each unit located near the lobby in plain view of the entry
desk. (3494-5/01)
5. Handicap access facilities shall be as required by applicable state or local law. (3494-5/01)
6. At least one handicapped-accessible unit shall be required for every twenty(20)units. (3494-5io1)
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7. Laundry facilities shall be provided in a separate room in a location near the common
indoor recreational space. Washers and dryers may be coin operated. (3494-5/01)
8. A cleaning supply storeroom and/or utility closet with at least one (1) laundry tub with hot
and cold water on every floor shall be provided on every floor. (3494-5/01)
9. Storage Lockers (3494-5/01)
a. Storage lockers shall be provided in a secured area.
b. The cumulative total of locker space shall be no less than a ratio of ten(10) cubic feet
per unit.
10. All common indoor space areas shall have posted in a conspicuous location a notice from
the City's Planning Department regarding contact procedures to investigate housing code
violations. (3494-5/01)
11. Bicycle stalls shall be provided at a minimum of one (1) stall per five(5) units in a secured
and enclosed and covered area. (3494-5/01)
12. Trash disposal chutes as well as a centralized trash area shall be provided on all multi-story
projects. (3494-5/01)
13. A minimum of two (2)pay telephones shall be provided in the lobby area. The telephone
service shall only allow outgoing calls. (3494-5101)
14. Phone jack(s) shall be provided in each unit. (3494-5/01)
15. A shipping and receiving/maintenance garage shall be provided near a convenient
vehicular access on the ground floor. (3494-5/01)
230.48 Equestrian Centers
A. Permit Required. Equestrian centers shall be permitted in the OS-PR and PS districts, subject
to the approval of a conditional use permit by the Planning Commission. Where all off-site
improvements are not provided, initial approval shall be for a maximum period of five years
subject to annual review. One year extensions of time may be granted after public hearing by
the Planning Commission. On requests to allow a facility on a permanent basis,the Planning
Commission shall determine required improvements based on the existing and proposed land
uses and the existing off-site improvements within the area.
B. Design and Development Standards.
1. Minimum Parcel Size/Frontage. The minimum lot size and lot frontage shall be:
Area Frontage
Temporary facilities: 2 acres 100 feet
Permanent facilities: 5 acres 100 feet.
2. Density/Riding Areas. Maximum density for horse facilities shall be determined by the
following criteria:
(a) Maximum density shall be twenty-five(25)horses per acre.
(b) Minimum riding area shall be five thousand(5,000) square feet per fifteen(15) horses.
For facilities with over one hundred(100) horses,two separate arenas shall be
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provided. In the alternative, off-site riding area shall be provided adjacent to the
facility at the rate of one acre per fifteen(15)horses.
(c) Exercise rings shall have no dimension less than thirty(30) feet.
(d) The minimum arena size shall be ten thousand(10,000) square feet with no dimension
less than eighty(80)feet.
3. Maximum Building Height. Maximum building height shall be thirty(30)feet.
4. Required Setbacks.
Front: 50 feet
(30 feet for caretaker's residence)
Interior side: 25 feet
Exterior side: 50 feet
Rear: 25 feet
Minimum distance to any residentia300 feet
zone or use:
5. Corral Design. Corrals designed for one horse shall comply with the following
requirements. Corrals designed for more than one horse shall provide a minimum area per
horse as indicated below. All corrals, racks and stalls shall be of compatible design,
materials to be approved by the fire department.
(a) Corral size: 288 square feet
Minimum dimension: 12 feet
Shelter size: 96 square feet
Minimum dimension: 8 feet
(b) Each corral shall have an approved water system with automatic drinking controls
provided.
(c) Box stalls may be provided in lieu of horse corrals. Such stalls shall be a minimum of
144 square feet with no dimension less than twelve (12) feet.
6. Wash rack. One wash rack per thirty-five (35)horses or fraction thereof shall be provided
subject to the following requirements. Wash racks designed for more than one horse shall
provide a minimum area per thirty-five (35)horses as indicated below:
(a) Individual wash racks shall be 6 feet by 8 feet.
(b) Each wash rack shall have an approved watering system and be connected to a sewer
facility with a back-siphon device at the water source.
(c) A concrete slab floor shall be provided.
C. Insect and Rodent Control.
1. Feed mangers or boxes shall not be placed near water sources.
2. Nonleak valves shall be provided for all troughs, bowls, cups and other water sources.
3. Automatic valves or sanitary drains shall be provided for large troughs or cups.
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4. Grading in paddocks and corrals shall be properly integrated into a master drainage plan to
prevent ponding of water. Shelters shall be sloped away from the center of the corrals, or
rain gutters shall be installed to the exterior of the corral.
5. Method of disposal of solid wastes shall be approved by Planning Commission. Trash
disposal areas and dumpsters shall be designated and conveniently located with an
all-weather road access provided.
6. All dry grains shall be stored in rodent-proof metal containers and hay storage shall be
covered. Bulk or commercial amounts of grain or hay shall be located a minimum of fifty
(50) feet away from any horse enclosure.
D. Miscellaneous OperatiRequirements.
1. The ground surface of horse enclosures shall be graded above their surroundings.
A grading plan shall be submitted prior to issuance of a conditional use permit.
2. Storage and tack areas shall be designated on the site plan.
3. Continuous dust control of the entire premises shall be maintained subject to the
regulations contained in Huntington Beach Municipal Code Chapter 8.24. The method for
water sprinkling arenas and exercise pens shall be indicated on the site plan.
4. A permanent single family residence shall be provided on the site with a watchman on duty
twenty-four(24)hours a day. Two fully enclosed parking spaces shall be provided.
Where a mobilehome is used to satisfy this requirement,one carport space and one open
space shall be permitted.
5. A back-siphoning device shall be installed to protect the public water supply. An
approved pressure vacuum breaker is recommended on the waterline serving the corrals.
The vacuum breaker shall be at least twelve(12) inches above the highest point of water
usage or an approved double-check valve may be used.
6. Security lighting shall be confined to the site and all utilities shall be installed
underground.
7. A log containing the name of every horse, its location in the facility, the owner's name and
address, and the names and addresses of persons to be notified in case of emergency shall
be maintained in the watchman's quarters for ready reference.
8. All fire protection appliances, appurtenances,emergency access, and any other applicable
requirements, pursuant to Huntington Beach Municipal Code Chapter 17.56, shall meet the
specifications of the fire department.
9. The entire site,exclusive of riding areas, shall be fenced in such a manner as to confine
horses within the site in order to protect the perimeter landscaping from damage.
Individual corrals shall be enclosed by a minimum five(5) foot high fence.
E. Off-street Parking and Landscaping.
1. Parking and circulation design shall comply with the standards outlined in Chapter 231. In
addition, the perimeter of the parking area shall be delineated by pilasters or wooden poles
with chain, cable, or heavy rope connectors. The parking lot shall be surfaced in accord
with the specifications of the Department of Public Works.
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2. Landscaping, as set out in Chapter 232, shall be provided except that the minimum
landscaped area required shall be a ten(10)foot wide (inside dimension)planter along all
property lines.
230.50 Indoor Swap Meets/Flea Markets
Indoor swap meets/flea markets shall comply with the following requirements:
A. Conditional Use Permit Required. Indoor swap meets/flea market uses may be permitted as
temporary uses only upon approval of conditional use permit by the Planning Commission for
a period of time not to exceed ten(10)years. One year extension of time may be granted after
public hearing by the Planning Commission.
B. Location Considerations: The Planning Commission shall consider the following issues when
evaluating a proposed conditional use permit:
1. The site's proximity to residences, schools, hospitals and other noise sensitive uses.
2. The potential adverse impacts on traffic circulation and pedestrian safety.
3. The site's proximity to other indoor swap meets/flea markets to avoid overconcentration of
facilities.
4. The site's proximity to businesses processing hazardous materials.
C. Location Criteria.
1. Indoor swap meet/flea market uses shall only be allowed on property located adjacent to
arterial streets.
D. Minimum Buildina Size.
1. Minimum building gross floor area shall be one hundred thousand (100,000)square feet.
E. Miscellaneous Requirements.
1. Ancillary Uses. Ancillary uses may be permitted as included on the approved site plan.
Such uses shall be included as part of the initial conditional use permit requirements or
shall be subject to new entitlement if proposed after the initial application has been filed.
2. Signs. Individual vendors shall not be permitted any outdoor signs, including temporary.
Signs shall comply with the standards outlined in Chapter 233.
3. Parking. Parking shall comply with the standards outlined in"Chapter 231.
230.52 (Reserved)
230.54 (Reserved)
230.56(Reserved)
230.58 (Reserved)
230.60 (Reserved)
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All Districts
230.62 Building Site Required
No building or structure shall be erected or moved onto any parcel of land in the city except on a
lot certified in compliance with the Subdivision Map Act and local subdivision and zoning
provisions at time of creation or on a parcel created as a result of a public taking. No building or
structure shall be altered or enlarged to increase the gross floor area by more than 50 percent
within any one-year period except on a legal building site.
230.64 Development on Substandard Lots
Development on substandard lots shall be subject to approval of a conditional use permit by the
Zoning Administrator. A legally created lot having a width or area less than required for the base
district in which it is located may be occupied by a permitted or conditional use if it meets the
following requirements or exceptions:
A. The lot must have been in single ownership separate from any abutting lot on the effective date
of the ordinance that made it substandard. Two or more contiguous lots held by the same
owner shall be considered as merged if one of the lots does not conform to the minimum lot
size or width for the base district in which it is located.
B. A substandard lot shall be subject to the same yard and density requirements as a standard lot,
provided that in an R district, one dwelling unit may be located on a substandard lot that meets
the requirements of this section.
C. An existing legal lot comprising a minimum size of 5,000 square feet or greater and a
minimum width of 50 feet or greater shall not be considered substandard for purposes of this
section.
230.66 Development on Lots Divided by District Boundaries
The standards applicable to each district shall be applied to the area within that district. No use
shall be located in a district in which it is not a permitted or conditional use. Pedestrian or
vehicular access from a street to a use shall not traverse a portion of the site in a district in which
the use is not a permitted or conditional use.
230.68 Building Projections Into Wards and Courts
Projections into required yards and courts shall be permitted as follows:
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ALLOWABLE PROJECTIONS IN FEETa
Front Side Street Side hear
Yard Ward Yard Ward
Fireplace or chimney 2.5 2.5b 2.5 2.5
Cornice, eaves and ornamental features 3 2.5b 3 3
Mechanical equipment 2 2b 2b 2
Uncovered porches,terraces, platforms, 6 3 4 5
subterranean garages, decks, and patios not more
than 3 feet in height serving only the first floor
Stairs, canopies, awnings and uncovered porches 4 2b 4 4b
more than 3 feet in height
Bay windows 2.5 2.5b 2.5 2.5
Balconies 3 2b 3 3
Covered patios 0 0 5c 5
Notes: allo individual projection shall exceed 1/3 of the building length, and the total of all
projections shall not exceed 2/3 of the building length on which they are located.
bA 30-inch clearance from the property line shall be maintained.
cNo projection shall extend more than 1/2 the width of the street side yard.
230.70 Measurement of height
This section establishes standards for determining compliance with the maximum building height
limits prescribed for each zoning district or as modified by an overlay district.
A. Datum(100) shall be set at the highest point of the curb along the front property line. If no
curb exists, datum shall be set at the highest centerline of the street along the front property
line.
B. The differential between top of subfloor and datum shall be a maximum of two (2)feet as
determined by Public Works. In the event that any subfloor, stemwall or footing is proposed
greater than two (2)feet above datum, the height in excess shall be deducted from the
maximum allowable ridgeline height.
C. Lots with a grade differential of three (3) feet or greater between the high point and the low
point, determined before rough grading, shall be subject to conditional use permit approval by
the Zoning Administrator. Conditional use permit approval shall be based upon a
building and grading plan which terraces the building with the grade and which is compatible
with adjacent development.
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230.72 Exceptions to Height Limits
Chimneys; vent pipes; cooling towers; flagpoles;towers; spires; domes; cupolas; parapet walls not
more than 4 feet high; water tanks; fire towers; transmission antennae(including wireless
communication facilities); radio and television antennas (except satellite dish antennae); and
similar structures and necessary mechanical appurtenances (except wind-driven generators)may
exceed the maximum permitted height in the district in which the site is located by no more than
10 feet. The Zoning Administrator may approve greater height with a conditional use permit.
Within the coastal zone exceptions to height limits may be granted only when public visual
resources are preserved and enhanced where feasible. (3334-6/97,3568-9/02)
230.74 Outdoor Facilities
A. Permit Required. Outdoor storage and display of merchandise, materials, or equipment,
including display of merchandise,materials,and equipment for customer pick-up,shall be
subject to approval of a conditional use permit by the Zoning Administrator in the CG, IL, IG,
CV and SP districts. Sidewalk cafes with alcoholic beverage service and/or outdoor food
service accessory to an Eating and Drinking Establishment shall be permitted subject to
approval of a conditional use permit by the Zoning Administrator in the CO, CG, CV, OS and
SP districts,but no outdoor preparation of food or beverages shall be permitted. (3525-2/02)
B. Permit Conditions: Grounds for Denial. The Zoning Administrator may require yards,
screening, or planting areas necessary to prevent adverse impacts on surrounding properties. If
such impacts cannot be prevented,the Zoning Administrator shall deny the conditional use
permit application.
C. Exceptions. Notwithstanding the provisions of subsections (A) and(B) above, outdoor storage
and display shall be permitted in conjunction with the following use classifications in districts
where they are permitted or conditionally permitted:
1. Nurseries, provided outdoor storage and display is limited to plants, new garden equipment
and containers only; and
2. Vehicle/Equipment Sales and Rentals, provided outdoor storage and display shall be
limited to vehicles,boats, or equipment offered for sale or rent only.
D. Screening. Outdoor storage and display areas for rental equipment and building and
landscaping materials shall be screened from view of streets by a solid fence or wall. The
height of merchandise, materials, and equipment stored or displayed shall not exceed the
height of the screening fence or wall.
230.76 Screening of Mechanical Equipment
A. General Requirement. Except as provided in subsection(B) below, all exterior mechanical
equipment,except solar collectors and operating mechanical equipment in an I District located
more than 100 feet from another zoning district boundary, shall be screened from view on all
sides. Equipment to be screened includes, but is not limited to,heating, air conditioning,
refrigeration equipment, plumbing lines, ductwork, and transformers.
Screening of the top of equipment may be required by the Director, if necessary to protect
views from an R or OS district. Rooftop mechanical equipment shall be setback 15 feet from
the exterior edges of the building.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 36 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
B. Utility Meters and Backflow Prevention Devices. Utility meters shall be screened from view
from public rights-of-way. Electrical transformers in a required front or street side yard shall be
enclosed in subsurface vaults. Backflow prevention devices shall not be located in the front yard
setback and shall be screened from view.
C. Screening_Specifications. A mechanical equipment plan shall be submitted to the Director to
ensure that the mechanical equipment is not visible from a street or adjoining lot.
230.78 Refuse Storage Areas
A. Refuse storage area screened on three sides by a 6-foot masonry wall and equipped with a gate,
or located within a building, shall be provided prior to occupancy for all multi-family
residential, commercial, industrial, and public/semipublic uses. Locations, horizontal
dimensions, and general design parameter of refuse storage areas shall be as prescribed by the
Director, subject to appeal to the Planning Commission. The trash area shall not face a street
or be located in a required setback. The design and materials used in such trash enclosures
shall harmonize with the main structure.
230.80 Antennae
A. Purpose. The following provisions are established to regulate installation of antennae to
protect the health, safety, and welfare of persons living and working in the City and to preserve
the aesthetic value and scenic quality of the City without imposing unreasonable limitations
on,prevent the reception of signals, or imposing excessive costs on the users of the antennae.
B. Permit Required. Approval by the Director shall be required for the installation of an antenna
or satellite antenna to ensure compliance with the locational criteria. Construction shall be
subject to the provisions of the Uniform Building Code and National Electrical Code, as
adopted by the City. Within the coastal zone, approval of a coastal development permit shall
be required for installation of any antenna that meets the definition of development in Section
245.04 unless it is exempt pursuant to Section 245.08. (3334-6/97,3568-9/02)
C. Locational Criteria: Satellite Antennae. A satellite antenna may be installed on a lot in any
zoning district if it complies with the following criteria:
1. Number: Only one satellite antenna may be permitted on a residential lot.
2. Setbacks: Interior side and rear property lines, 10 feet, except that no setback shall be
required in interior side and rear setback areas if the antenna or satellite antenna does not
exceed 6 feet in height. No antenna or satellite antenna shall be located in a required front
yard. When roof-mounted, the antenna or satellite antenna shall be located on the rear
one-half of the roof. (3568-9/02)
3. Maximum Height:
a. The maximum height of a satellite antenna shall not exceed 10 feet if installed on the
ground or the maximum building height for the district in which the satellite antenna is
located, if roof-mounted. (3568-9/02)
b. The maximum height of an antenna shall not exceed the maximum building height for
the district in which the antenna is located. (3568-9/02)
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 37 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
4. Maximum Dimension: The maximum diameter of a satellite antenna shall not exceed 10
feet in all districts with the exception that the diameter may be increased in non-residential
districts if a conditional use permit is approved by the Zoning Administrator. (3568-9r02)
5. Screening: The structural base of an antenna or satellite antenna, including all bracing and
appurtenances, but excluding the antenna or dish itself, shall be screened from public view
and adjoining properties by walls, fences,buildings,landscape,or combinations thereof
not less than 7 feet high so that the base and support structure are not visible from beyond
the boundaries of the site at a height-of-eye 6 feet or below. (3568-9ro2)
6. Undergrounding: All wires and/or cables necessary for operation of the antenna or satellite
antenna or reception of the signal shall be placed underground, except for wires or cables
attached flush with the surface of a building or the structure of the antenna or satellite
antenna. (3568-9/02)
7. Surface Materials and Finishes: No advertising or text or highly reflective surfaces shall
be permitted.
8. Exception: Requests for installation of an antenna or satellite antennae on sites that are
incapable of receiving signals when installed pursuant to the locational criteria may be
permitted subject to conditional use permit approval by the Zoning Administrator. The
applicant shall submit documentation that installation at a height greater than permitted, or
in another yard area, is necessary for the reception of usable antenna or satellite signals.
Applications shall be approved upon finding that the aesthetic value and scenic quality of
the City is preserved, pedestrian or vehicular traffic vision is not obstructed, and upon the
findings contained in Chapter 241. (3568-9/02)
230.82 Performance Standards For All Uses
A. Applicability and Compliance. The development standards set forth in this section apply to
every use classification in every zoning district unless otherwise specifically provided. The
Director may require evidence of ability to comply with development standards before issuing
an entitlement.
B. Air Contaminants. Every use must comply with rules,regulations and standards of the South
Coast Air Quality Management District(SCAQMD). An applicant for a zoning permit or a
use, activity, or process requiring SCAQMD approval of a permit to construct must file a copy
of the SCAQMD permit with the Director. An applicant for a use,activity,or process that
requires SCAQMD approval of a permit to operate must file a copy of such permit with the
Director within 30 days of its approval.
C. Storage On Vacant Lot. A person may not store, park,place, or allow to remain in any part of
a vacant lot any unsightly object. This does not apply to building materials or equipment for
use on the site during the time a valid building permit is in effect for construction on the
premises.
230.84 Dedication and Improvements
A. Dedication Required. Prior to issuance of a building permit, or prior to the use of land for any
purpose, all real property shall be dedicated or irrevocably offered for dedication which the
City requires for streets, alleys, including access rights and abutters' rights, drainage, public
utility easements, and other public easements. In addition, all streets and alleys shall be
improved, or an agreement entered into for such improvements including access rights and
abutters' rights, drainage,public utility easements,and other easements.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 38 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
B. Exceptions. Dedication shall not be required prior to issuance of a building permit for:
I. Interior building alterations which do not exceed a third of the value of a building, as
defined in the Uniform Building Code, and which effect no change of occupancy.
2. Exterior building alterations or additions for a residential use which do not exceed a third
of the value of the building, as defined in the Uniform Building Code, and add no
additional residential units.
3. Fences and walls.
4. Temporary uses, as specified in this code.
5. Horticultural Uses. The dedication herein required may be reviewed at the time of
entitlement. Upon request by the applicant, a temporary postponement, not to exceed one
(1)year,may be granted upon consideration of the following criteria:
a. Type of horticultural use proposed.
b. Duration(temporary or permanent).
c. Vehicular access and effect of the proposed use on traffic in the vicinity of the site.
d. Relationship between the proposed requirements and an anticipated expanded use.
e. Dedication shall not be required for any purpose not reasonably related to such
horticultural use.
C. Dedication Determinants. Right-of-way dedication width shall be determined by either of the
following:
1. Department of Public Works standard plans; or
2. A precise plan of street, highway or alley alignment.
D. Improvements.
1. No building permit shall be issued by the Building Division until an application for permit
has been filed, street improvements plans and specifications have been submitted for plan
check, and all fees, established by resolution of the City Council, have been paid. The
Building Division shall issue such building permit after determining that the work
described in the application and the accompanying plans conforms to requirements of the
Huntington Beach Building Code and other pertinent laws and ordinances.
2. The Building Division shall make a frame inspection, as required by the Huntington Beach
Building Code, at which time all off-site improvements,including curbs, gutters, and street
paving, shall be completed.
3. Improvements required by this code may be deferred in the following instances and upon
adherence to the following requirements and regulations:
a. Where the grade of the abutting right-of-way has not been established prior to the time
when on-site structures qualify for final release for occupancy.
b. Where a drainage system would be delayed by the installation of improvements.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 39 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
c. Where an agreement is entered into with the City to install improvements by a date
certain, said agreement shall be secured by a bond or deposit equal to 150 percent of
the City's estimate(including inflation estimates)of the required improvements. Such
bond or cash shall be deposited with the City Treasurer.
d. Where the developer has agreed with the City in writing that the deposit required by
subsection(3) of this section may be used by the City after an agreed upon time to
complete the required improvements,the remainder of such deposit, if any, shall be
returned to the developer upon completion of such improvements by the City.
e. The Director of Public Works is authorized to receive applications from persons
desiring waivers of street improvement requirements and to enter into the necessary
written agreements with such applicants. A non-refundable fee set by resolution of the
City Council shall accompany such application.
4. Where construction is limited to one lot and the erection of a detached single family
dwelling thereon, street improvements shall include curb, gutter, sidewalk, street trees,
street lights, sewer and water main extensions, and ten(10) feet of street paving to meet
Department of Public Works standards. Where necessary, temporary paving shall be
installed to join existing street improvements.
230.86 Seasonal Sales
A temporary sales facility for the sale of seasonal products including Christmas trees, Halloween
pumpkins,or a single, season agricultural product not grown on site are permitted adjacent to any
arterial highway in any district and on all church or school sites as a temporary use approved by
the Director and in compliance with the following:
A. Time Limit.
1. A Christmas tree sales facility shall not be open for business during any calendar year prior
to Thanksgiving.
2. A Halloween pumpkin sales facility shall not be open for business during any calendar
year prior to October 1.
3. A single agricultural product sales facility shall be approved for a period of time not to
exceed 90 days.
B. Merchandise to be Sold. A permitted Christmas tree or Halloween pumpkin sales facility may
not sell items not directly associated with that season. Only one single, season agricultural
product may be sold at any one time.
C. Site Standards.
1. Storage and display of products shall be set back not less than ten(10) feet from edge of
street pavement, and shall not encroach into the public right-of-way.
2. A minimum of ten(10) off-street parking spaces shall be provided.
3. Ingress and egress to the site shall be reviewed by the Department of Public Works to
insure that no undue traffic safety hazard will be created.
4. Temporary structures shall comply with Building Division standards.
5. Electrical permit shall be obtained if the facility is to be energized.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 40 of 56
Exhibit"A"—Resolution No.2009-36
LEGrISLATIVE DRAFT
6. The facility shall comply with fire prevention standards as approved and enforced by the
Fire Chief.
D. Bond Required. Prior to issuance of a business license and approval by the Director,a five
hundred dollar($500)cash bond shall be posted with the City to ensure removal of any
structure, cleanup of the site upon termination of the temporary use, and to guarantee
maintenance of the property. A bond shall not be required for a seasonal sales facility
operated in conjunction with a use on the same site.
E. Removal of facility. The seasonal sales facility shall be removed and the premises cleared of
all debris and restored to the condition prior to the establishment within ten calendar days of
Halloween, Christmas, or the expiration of the time limit for single season agricultural
product.
230.88 Fencing and Wards
No portion of a required yard area provided for a structure on a lot shall be considered as part of
the yard area for any other structure on the same or an adjacent lot. In all districts, minimum
setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B and C are
hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs between
the diagrams and the printed text, the text shall prevail. Yards and fencing shall comply with the
following criteria in all districts or as specified.
A. Permitted Fences and Walls.
1. Fences or walls a maximum of forty-two (42) inches in height may be located in any
portion of a lot,except screen walls on lots in the RMH-A subdistrict shall be set back a
minimum of three (3) feet from the front property line. Fences or walls exceeding
forty-two (42) inches in height may not be located in the required front yard, except as
permitted elsewhere in this Section. (3334-6/97,3410-3/99)
2. Fences or walls a maximum of six (6) feet in height may be located in required side and
rear yards, except as excluded in this Section. Fences or walls exceeding six (6) feet in
height may be located in conformance with the yard requirements applicable to the main
structure except as provided for herein or in the regulations of the district in which they are
located.
a. Fences and walls located adjacent to arterials along the rear and/or street side
yard property lines, and behind the front setback, may be constructed to a
maximum total height of eight(8) feet including retaining wall with the
following: (3525-2/02)
(1) The proposed building materials and design shall be in conformance
with the Urban Design Guidelines. (3525-2/02)
(2) Extensions to existing wall(s) shall require submittal of engineering
calculations to the Building and.Safety Department. (3525-2/02)
(3) The property owner shall be responsible for the care and maintenance of
landscape area(s) and wall(s) and required landscape area(s). (3525-2/02)
(4) Approval from Public Works Department. (3525-2/02)
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. (3710-6/05,3730-03/06)
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 41 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
3. Fences or walls in the rear yard setback area of a through-lot shall not exceed forty-two
(42) inches in height. This subsection shall not apply to lots abutting arterial highways.
4. In the RL district, garden or wing walls or fences equal in height to the first floor double
plate, but not exceeding nine(9) feet, which are perpendicular to and entirely within a side
yard may be constructed to the interior side property line and to within five (5) feet of the
exterior side property line provided they are equipped with a three (3) foot gate or
accessway.
5. When residential property abuts open or public land or property zoned or used for office,
commercial, or industrial purposes, an eight(8) foot high solid masonry or block wall may
be constructed on the common side or rear property line.
6. 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: (3710-6/05)
a. The reduced setback shall be only permitted for five (5)or more contiguous lots under
the same ownership. (3710-6/05)
b. Such walls shall not encroach into the visibility triangular area formed by measuring
seven and one-half(7.5) feet along the driveway and ten(10) feet along the front
property line at their point of intersection.
c. Such walls shall conform to all other applicable provisions of this section.
7. Retaining walls shall comply with the following:
a. Where a retaining wall is located on the property line separating lots or parcels and
protects a cut below the natural grade, such retaining wall may be topped by a fence,
wall or hedge of the same height that would otherwise be permitted at the location if no
retaining wall existed.
b. Where a retaining wall is on the property line of a rear yard abutting an arterial or
exterior side yard and contains a fill of two (2) ft. or less or protects a cut below the
existing grade, such retaining wall may be topped with a six (6) ft. decorative masonry
wall.
c. Where a retaining wall is on the property line of a rear yard abutting a local street,the
maximum retaining wall height shall be twenty-four(24) inches as measured from the
adjacent curb and may be topped with a maximum eighteen(18) inch decorative wall
or fence for a total height of forty-two (42) inches.
d. (1) The maximum height of a retaining wall on the front property line shall be
thirty-six(36) inches as measured from the top of the highest adjacent curb.
Subject to the Director's approval, a maximum forty-two (42) inch high wall or
fence may be erected above the retaining wall with a minimum three (3) foot
setback from the front property line. (3334-6/97,3410-3/99)
(2) In the RMH-A subdistrict, the maximum height of a retaining wall on the front
property line shall be eighteen(18) inches as measured from the top of the highest
adjacent curb. Subject to the Director's approval,a second retaining wall up to
eighteen(18) inches in height may be erected above the eighteen(18) inch high
retaining wall with a minimum three (3) foot front setback. A wall or fence up to
forty-two (42) inches in height may be erected on top of the retaining wall with the
minimum three foot front setback. (See Exhibit below.) (3410-3/99)
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 42 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
I
Required
Tree/Palm
Landscaping
I
Front
Building"
-®I
nrnnerty line.
I Max d?"
Patio
Max.l8" I :
t1
Retaining Walls
Sidewalk/Parkway Max.18"
*See Maximum building height in Chapter 210
e. All retaining walls abutting a street shall be waterproofed to the satisfaction of the
Director.
f. Retaining wall and fence combinations over eight(8) feet in height shall be constructed
with a variation in design or materials to show the distinction. Retaining wall and
fence combinations over six(6) feet in height shall be designed without decorative
block or cap block, except if equal in strength to the main portion of the fence.
8. The height of any fence, wall or hedge located in the front yard setback shall be measured
from top of the highest adjacent curb. All other fence heights shall be measured from
existing grade.
9. Any fence or wall located on the front property line shall be approved by the Department
of Public Works.
10. In the industrial districts, nine(9) foot high fences may be permitted in the side and rear
setbacks up to the front building line subject to plan review approval by the Director.
11. Deviations from the maximum height requirements for walls as prescribed by this Section
may be permitted subject to an approval of conditional use permit by the Zoning
Administrator.
12. Within the coastal zone, no gate, fence or wall shall be permitted that restricts or obstructs
public access to the shore. (3334-6/97)
B. Required Walls.
1. When office, commercial or industrial uses abut property zoned or used for residential, a
six (6) foot high solid six (6)inch concrete block or masonry wall shall be required. If a
wall meeting these standards already exists on the abutting residential property, protection
from vehicle damage shall be provided by a method approved by the Director. The
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 43 of 56
Exhibit"A"-Resolution No.2009-36
LEGISLATIVE DRAFT
maximum fence height shall be eight(8)feet at the common property line,subject to the
same design standards and setback requirements as specified for six (6) foot high fences.
2. Industrial screening walls abutting arterial highways shall be architecturally compatible
with surrounding properties, constructed of a minimum six(6) inch wide decorative
masonry block, and designed with landscape pockets at thirty-five (35)foot intervals 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. (3710-6/05)
C. Visibility.
1. On reverse corner lots and corner lots abutting an alley,no fence, wall or hedge greater
than forty-two (42)inches in height may be located within the triangular area formed by
measuring ten(10) feet from the intersection of the rear and street side property lines.
2. On corner lots,no fence,wall, landscaping,berming, sign, or other visual obstruction
between forty-two (42) inches and seven(7) feet in height as measured from the adjacent
curb elevation may be located within the triangular area formed by measuring twenty-five
(25) feet from the intersection of the front and street side property lines or their
prolongation. Trees trimmed free of branches and foliage so as to maintain visual
clearance below seven(7) feet shall be permitted.
3. Visibility of a driveway crossing a street or alley property line or of intersecting driveways
shall not be blocked between a height of forty-two(42) inches and seven(7) feet within a
triangular area formed by measuring ten(10)feet from intersecting driveways or
street/alley and driveway.
PR�P�R�4NE
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230-CORD
DIAGRAM A
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- - - - 10• - 10 _
10• 10• 10 10' 10• 10-
230- M
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 44 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
STREET/ALLEY
DIAGRAM R
REVERSE INTERIOR LOT CORNER LOT CORNER LOT
CORNER LOT ABUTANG ALLEY
u°
23• .a. .a. •A' 45o a 100
Z@ 2a
I
10 10'
THROUGH THROUGH LOT
CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WALL
A 42 inch high fence may be constructed on any portion of the lot.
0Indicates that portion of the lot on which a
6 foot high fence may be constructed.
"A' Indicates minimum front yard setback,
23 a a
Diac ra
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WN s+irwnw.wtxwseasn+r
230.90 Contractor Storage Yards/Mulching Operation
Contractor storage yards in conjunction with public facility improvement contracts, and mulching
operations on unimproved public or private property may be permitted subject to the following:
A. Initial approval shall be for a maximum of two (2)years. The use shall be eligible for a
maximum of three one year extensions by the Planning Commission.
B. The development shall comply with parking, access and setback requirements contained in
Chapter 231.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 45 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
230.92 Landfill Disposal Sites
Excavation of landfills or land disposal sites shall be subject to the requirements of this section.
These provisions are not intended to apply to grading and surcharging operations, permitted
under Appendix Chapter 70 of the Uniform Building Code. Permits for grading on previously
approved development projects shall be subject to approval of the Director.
A. Land Disposal Site/Definitions. The following words and phrases shall be construed as
defined herein unless a different meaning is apparent from the context:
l. Excavation. Any activity and/or movement of material which exposes waste to the
atmosphere.
2. Land disposal site. Any site where land disposal of Group I, 11 or III waste, as defined by
the California Administrative Code,has been deposited either legally or illegally on or into
the land, including but not limited to landfill, surface impoundment,waste piles,land
spreading, dumps, and coburial with municipal refuse.
B. Operations Plan.
l. No person shall conduct any excavation activity at any land disposal site in the City of
Huntington Beach without first submitting to the City an operations plan approved by the
Director. Such plan shall include complete information regarding the identity, quantity
and characteristics of the material being excavated, including a chemical analysis
performed by a laboratory acceptable to the City, together with the mitigation measures
that will be used to insure that health hazards, safety hazards, or nuisances do not result
from such activity.
2. Mitigation measures contained in the operations plan may include gas collection and
disposal of waste, encapsulation, covering waste, chemical neutralization, or any other
measures deemed necessary by the City.
3. Ambient air quality monitoring, as well as other monitoring or testing deemed reasonably
necessary, shall be included in the operations plan.
C. Approval of Operations Plan.
1. The City shall not approve an operations plan unless such plan includes provisions for the
immediate cessation of excavation activity when the operator,or any agent thereof, of a
land disposal site has been notified by the City that a nuisance,health, or safety hazard has
or is about to occur as a result of such activity therein.
3. Upon determination by any government agency that a nuisance, safety, or health problem
exists on any land disposal site in the City, mitigation measures, contained in the
operations plan, shall be implemented immediately.
D. Hazardous Waste Sites. For any land disposal site determined to be a hazardous waste site by
the State Department of Toxic Substances Control and/or the City of Huntington Beach,the
following additional measures shall be taken prior to excavation of such site: (3710-6/05)
l. All property owners within a half mile radius of the site shall receive written notice of all
public hearings to be held regarding proposed excavation on the site. The cost of
preparing and mailing such notice shall be paid by the operator/applicant.
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 46 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
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:
1. A plan establishing lines of authority and responsibility between public agencies and the
operator/applicant, or his agents, during excavation. The plan shall contain specific
procedures to be followed by all responsible parties involved with the excavation.
2. A plan containing specific measures to monitor air quality to be implemented during
excavation to prevent the exposure of on-site workers or area residents to unhealthful
vapors from the site. If deemed necessary by the State Department of Toxic Substances
Control,the plan shall also include specific measures for evacuation of residents in the
vicinity of the site. (3710-6/05)
3. A plan showing specific routes for vehicles transporting hazardous wastes from the site.
4. A plan containing specific steps for restoration of the site to a safe condition if excavation
is terminated prematurely.
F. Exemptions. The following activities shall be exempt from the requirements of this section
unless otherwise determined by the Director:
1. The drilling of holes up to twenty-four(24) inches in diameter for telephone or power
transmission poles or their footings.
2. The drilling of oil wells, gas wells or landfill gas collection wells or the maintenance of
gas or leachate collection systems.
3. Any excavation activity which has been determined by the Director to pose an insignificant
risk,or any activity which has been covered sufficiently in a plan prepared for any other
agency having jurisdiction over the site.
G. Excavation Activity Prohibited.
1. No person shall excavate at any land disposal site in the City of Huntington Beach unless
he or she first certifies that all applicable regulations of other public agencies with
jurisdiction over hazardous waste sites have been met.
2. Compliance with the provisions of this section shall not exempt any person from failing to
comply with the requirements of the California Health and Safety Code, and any other
applicable codes, rules or regulations.
230.94 Carts and Kiosks.
Carts and kiosks may be permitted on private property zoned for commercial purposes, subject to
approval by the Planning Director and compliance with this section. Carts and kiosks may be
permitted as a temporary use on public property subject to Specific Event approval pursuant to
Chapter 5.68. (3249-6/95;3482-12/00;3525-2/02)
A. Location and Design Criteria. Cart and kiosk uses shall conform to the following: (3249-6/95)
1. No portion of a cart or kiosk shall overhang the property line. (3249-6/95)
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 47 of 56
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
2. The cart or kiosk shall not obstruct access to or occupy a parking space; obstruct access to
a parked vehicle, impede the delivery of materials to an adjoining property, interfere with
access to public property or any adjoining property, or interfere with maintenance or use of
street furniture. If any existing parking spaces will be displaced or partially or totally
blocked by the proposed cart or kiosk,those spaces must be replaced on-site at a one-to-
one (1:1) ratio. (3249-6/95)
3. The cart or kiosk shall not exceed a maximum of four(4)feet in width excluding any
wheels, eight(8)feet in length including any handle, and no more than six(6) feet in
height excluding canopies,umbrellas or transparent enclosures unless a larger size is
approved. (3249-6/95,3525-2/02)
4. A limit of one cart or kiosk shall be allowed for each commercial business that meets the
above locational and design criteria.
B. Factors to Consider. The following factors shall be considered regarding the location and the
design of cart or kiosk uses including: (3249-6/95,3525-2/02)
1. Appropriateness of the cart or kiosk design, color scheme, and character of its location;
(3249-6/95)
2. Appropriateness and location of signing and graphics; (3249-6/95)
3. The width of the sidewalk or pedestrian accessway; (3249-6/95)
4. The proximity and location of building entrances; (3249-6/95)
5. Existing physical obstructions including, but not limited to signposts, light standards,
parking meters,benches, phone booths, newsstands, utilities and landscaping; (3249-6/95)
6. Motor vehicle activity in the adjacent roadway including but not limited to bus stops, truck
loading zones,taxi stands, hotel zones, passenger loading or parking spaces;(3249-6/95)
7. Pedestrian traffic volumes; and (3249-6/95)
8. Handicapped accessibility. (3249-6/95)
C. Operating Requirements, Provisions and Conditions.
1. During hours of operation,the cart or kiosk must remain in the location specified on the
approved site plan. (3249-6/95)
2. A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles.
3. The cart or kiosk operator shall pay all fees and deposits required by the Huntington Beach
Municipal Code prior to the establishment of the use. (3249-6/95)
4. All provisions of the Huntington Beach Municipal Code which are not in conflict with this
section shall apply. (3249-6/95)
5. The prices of items sold from a cart or kiosk must appear in a prominent, visible location
in legible characters. The price list size and location shall be reviewed and approved by the
Planning Director. (3249-6/95;3525-2/02)
6. The sale of alcoholic beverages shall be prohibited. (3249-6/95)
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 48 of 56
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LEGISLATIVE DRAFT
7. The number of employees at a cart or kiosk shall be limited to a maximum of two (2)
persons at any one time. (3249-6/95)
8. Fire extinguishers may be required at the discretion of the Fire Department. (3249-6/95)
9. All cart and kiosk uses shall be self contained for water, waste, and power to operate.
(3249-6/95)
10. A cart or kiosk operator shall provide a method approved by the Planning Director for
disposal of business related wastes. (3249-6/95,3525-2102)
D. Parking. Additional parking may be required for cart or kiosk uses by the Planning Director.
(3249-6/95,3525-2/02)
E. Review; Revocation. The Planning Department shall conduct a review of the cart or kiosk
operation at the end of the first six(6)month period of operation. At that time, if there has
been a violation of the terms and conditions of this section or the approval,the approval shall
be considered for revocation. (3249-6/95;3525-2/02)
F. Neighborhood Notification. Pursuant to Chapter 241. (3525-2/02,3710-6/05)
230.96 Wireless Communication Facilities
A. P ose. The purpose of this Section is to encourage and facilitate wireless communications
throughout the City, while preventing visual clutter by locating wireless communication
facilities outside of residential zones and where they are invisible to pedestrians, and co-
located with other facilities. All wireless communication facilities shall comply with these
regulations with regard to their location, placement, construction, modification and design to
protect the public safety, general welfare,and quality of life in the City of Huntington Beach.
(3779-10/07)
B. Definitions. For the purpose of this section, the following defmitions for the following terms
shall apply: (3568-9/02)
1. Accessory Structure. Any structure or equipment that is to be located ancillary to an
antenna or antennas in the establishment and operation of a wireless communication
facility. (3568-9/02)
2. Co-Location or Co-Located. The location of multiple antennas which are either owned or
operated by more than one service provider at a single location and mounted to a common
supporting structure,wall or building. (3568-9/02)
3. Completely Stealth Facility. Any stealth facility that has been designed to completely
screen all aspects of the facility including appurtenances and equipment from public view.
Examples of completely stealth facilities may include, but are not limited to architecturally
screened roof-mounted antennas, fagade mounted antennas treated as architectural
elements to blend with the existing building, flagpoles, church steeples, fire towers, and
light standards. (3568-9/02,3779-10/07)
4. Ground Mounted Facility. Any wireless antenna that is affixed to a pole,tower or other
freestanding structure that is specifically constructed for the purpose of supporting an
antenna. (3568-9/02,3779-10/07)
5. Microwave Communication. The transmission or reception of radio communication at
frequencies of a microwave signal (generally, in the 3 GHz to 300 GHz frequency
spectrum). (3568-9/02)
Huntington Beach Zoning and.Subdivision Ordinance Chapter 230 Page 49 of 56
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LEGISLATIVE DRAFT
6. Pre-existing Wireless Facility. Any wireless communication facility for which a building
permit or conditional use permit has been properly issued prior to the effective date of this
ordinance, including permitted facilities that have not yet been constructed so long as such
approval is current and not expired. (3568-9/02)
7. Roof Mounted. Any wireless antenna directly attached or affixed to the roof of an existing
building, water tank,tower or structure other than a telecommunications tower. (3568-9/02)
8. Stealth Facility or Techniques. Any wireless communication facility,which is designed to
blend into the surrounding environment,typically, one that is architecturally integrated into
a building or other concealing structure. See also definition of completely stealth facility.
(3568-9/02)
9. Utili1y Mounted. Any wireless antenna mounted to an existing above-ground structure
specifically designed and originally installed to support utilities such as but not limited to
electrical power lines, cable television lines,telephone lines,non-commercial wireless
service antennas,radio antennas, street lighting but not traffic signals, recreational facility
lighting, or any other utility which meets the purpose and intent of this definition.
(3568-9/02,3779-10/07)
10. Wall Mounted. Any wireless antenna mounted on any vertical or nearly vertical surface of
a building or other existing structure that is not specifically constructed for the purpose of
supporting an antenna(including the exterior walls of a building,an existing parapet,the
side of a water tank,the face of a church steeple, or the side of a freestanding sign) such
that the highest point of the antenna structure is at an elevation equal to or lower than the
highest point of the surface on which it is mounted. (3568-9ro2,3779-10/07)
11. Wireless Communication Facility or Facility. An antenna structure and any appurtenant
facilities or equipment that transmits electronic waves or is used for the transmission or
receipt of signals that are used in connection with the provision of wireless communication
service, including, but not limited to digital, cellular and radio service. (3568-9/02,3779-10/07)
C. Applicability.
1. All wireless communication facilities which are erected, located, placed, constructed or
modified within the City of Huntington Beach shall comply with these regulations
provided that: (3568-9/02,3779-10/07)
a. All facilities, for which permits were issued prior to the effective date of this section,
shall be exempt from these regulations and guidelines. (3568-9/02,3779-10/07)
b. All facilities for which Building and Safety issued building permits prior to the
effective date of section 230.96 shall be exempt from these regulations and guidelines,
unless and until such time as subparagraph(2) of this section applies. (3568-9ro2)
c. Any facility,which is subject to a previously approved and valid conditional use
permit, may be modified within the scope of the applicable permit without complying
with these regulations and guidelines. Modifications outside the scope of the valid
conditional use permit will require submittal of a Wireless Permit application.
(3568-9/02,3779-10/07)
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 50 of 56
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2. The following uses shall be exempt from the provisions of section 230.96 until pertinent
federal regulations are amended or eliminated. See Section 230.80 (Antennae) for
additional requirements. (3568-9/02,3779-10/07)
a. Any antenna structure that is one meter(39.37 inches)or less in diameter and is
designed to receive direct broadcast satellite service, including direct-to-home satellite
service for television purposes, as defined by Section 207 of the Telecommunication
Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive
decisions thereof issued by the Federal Communications Commission(FCC). (3568-9/02)
b. Any antenna structure that is two meters(78.74 inches)or less in diameter located in
commercial or industrial zones and is designed to transmit or receive radio
communication by satellite antenna. (3568-9/02)
c. Any antenna structure that is one meter(39.37 inches) or less in diameter or diagonal
measurement and is designed to receive Multipoint Distribution Service, provided that
no part of the antenna structure extends more than five(5) feet above the principle
building on the same lot. (3568-9/02)
d. Any antenna structure that is designed to receive radio broadcast transmission. (3568-
9/02)
e. Any antenna structure used by authorized amateur radio stations licensed by the FCC.
(3568-9/02)
D. Wireless Permit Required. No wireless communication facility shall be installed anywhere in
the City without submission of a Wireless Permit Application that demonstrates that the
antenna is located in the least obtrusive location feasible so as to eliminate any gap in service
and also includes the following information: (3779-10/07)
1. Demonstrate existing gaps in coverage,and the radius of area from which an antenna may
be located to eliminate the gap in coverage. (3779-10/07)
2. Compatibility with the surrounding environment or that the facilities are architecturally
integrated into a structure. (3779-10/07)
3. Screening or camouflaging by existing or proposed topography, vegetation, buildings or
other structures as measured from beyond the boundaries of the site at eye level (six feet).
(3779-10107)
4. Massing and location of the proposed facility are consistent with surrounding structures
and zoning districts. (3779-10/07)
5. No portion of a wireless communication facility shall project over property lines. (3779-
10/07)
6. Interference: To eliminate interference, the following provisions shall be required for all
wireless communication facilities regardless of size: (3779-10107)
a. Prior to issuance of a building permit,the applicant shall submit the following
information to the Police Department for review: (3779-10/07)
i. All transmit and receive frequencies; (3779-10/07)
ii. Effective Radiated Power(ERP); (3779-10/07)
iii. Antenna height above ground, and (3779-10/07)
iv. Antenna pattern, both horizontal and vertical (E Plane and H Plane).
(3779-10/07)
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 51 of 56
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LEGISLATIVE DRAFT
b. At all times, other than during the 24-hour cure period, the applicant shall comply with
all FCC standards and regulations regarding interference and the assignment of the use
of the radio frequency spectrum. The applicant shall not prevent the City of
Huntington Beach or the countywide system from having adequate spectrum capacity
on the City's 800 MHz voice and data radio frequency systems. The applicant shall
cease operation of any facility causing interference with the City's facilities
immediately upon the expiration of the 24-hour cure period until the cause of the
interference is eliminated. (3779-10/07)
c. Before activating its facility,the applicant shall submit to the Police and Fire
Departments a post-installation test to confirm that the facility does not interfere with
the City of Huntington Beach Public Safety radio equipment. The Communications
Division of the Orange County Sheriff's Department or Division-approved contractor
at the expense of the applicant shall conduct this test. This post-installation testing
process shall be repeated for every proposed frequency addition and/or change to
confirm the intent of the"frequency planning"process has been met. (3779-10/07)
d. The applicant shall provide to the Planning Department a single point of contact
(including name and telephone number) in its Engineering and Maintenance
Departments to whom all interference problems may be reported to insure continuity
on all interference issues. The contact person shall resolve all interference complaints
within 24 hours of being notified. (3779-10/07)
e. The applicant shall insure that lessee or other user(s) shall comply with the terms and
conditions of this permit, and shall be responsible for the failure of any lessee or other
users under the control of the applicant to comply. (3779-10/07)
E. Additional Permit Required.
1. Administrative approval by the Director may be granted for proposed wireless
communication facilities(including but not limited to ground mounted, co-located, wall,
roof,or utility mounted)that are: (3779-10/07)
a. Co-located with approved facilities at existing heights or that comply with the base
district height limit for modified facilities, and compatible with surrounding buildings
and land uses by incorporating stealth techniques; or (3779-10/07)
b. Completely stealth facilities that comply with the base district height limit; or
(3779-10/07)
c. Facilities in non-residential districts that are in compliance with the maximum building
height permitted within the zoning district; and (3779-10/07)
i. Screened from view and not visible from beyond the boundaries of the site at eye
level (six feet); or (3779-10/07)
ii. Substantially integrated with the architecture of the existing building or structure to
which it is to be mounted; or (3779-10/07)
iii. Designed to be architecturally compatible with surrounding buildings and land uses
by incorporating stealth techniques. (3779-10/07)
2. Following submission of a Wireless Permit Application, a Conditional Use Permit
approval by the Zoning Administrator shall be required for all proposed wireless
communication facilities (including but not limited to ground mounted, co-located, wall,
roof or utility mounted)that are: (3779-10/07)
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 52 of 56
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LEGISLATIVE DRAFT
a. Exceeding the maximum building height permitted within the zoning district; or
b. Visible from beyond the boundaries of the site at eye level (six feet); or
c. Not substantially integrated with the architecture of the existing building or structure to
which it is to be mounted; or
d. Not designed to be architecturally compatible with surrounding buildings and land
uses.
e. As a condition of the Conditional Use Permit,the Zoning Administrator shall minimize
significant adverse impacts to public visual resources by incorporating one or more of
the following into project design and construction: (3779-10/07)
i. Stealth installations; (3779-10/07)
ii. Co-location and locating facilities within existing building envelopes; (3779-10/07)
iii. Minimizing visual prominence through colorization or landscaping; (3779-10/07)
iv. Removal or replacement of facilities that become obsolete. (3779-10/07)
3. Design review shall be required for any wireless communication facilities located in
redevelopment areas, on public right-of-ways, in OS-PR and PS zones, in areas subject to
specific plans, on or within 300 feet of a residential district, and in areas designated by the
City Council. Design review is not required for wireless communication facilities that
comply with subsection 1. .
F. Facility Standards: The following standards apply to all wireless communication facilities:
(3779-10/07)
1. Aesthetics:
a. Facili : All screening used in conjunction with a wall or roof mounted facility shall
be compatible with the architecture of the building or other structure to which it is
mounted, including color, texture and materials. All ground mounted facilities shall be
designed to blend into the surrounding environment, or architecturally integrated into a
building or other concealing structure. (3568-9/02)
b. Equipment/Accessory Structures: All equipment associated with the operation of the
facility, including but not limited to transmission cables, shall be screened in a manner
that complies with the development standards of the zoning district in which such
equipment is located. Screening materials and support structures housing equipment
shall be architecturally compatible with surrounding structures by duplicating materials
and design in a manner as practical as possible. If chain link is used, then it must be
vinyl coated and not include barbed wire. (3568-9/02)
c. General Provisions: All Wireless Communication Facilities shall comply with the
Huntington Beach Urban Design Guidelines. (3568-9/02)
2. Building Codes: To ensure the structural integrity of wireless communication facilities,
the owners of a facility shall ensure that it is maintained in compliance with standards
contained in applicable state or local building codes and the applicable standards for
facilities that are published by the Electronic Industries Association, as amended from time
to time. (3568-9/02)
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 53 of 56
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LEGISLATIVE DRAFT
3. Conditions of Approval: Acceptance of conditions by the applicant and property owner
shall be ensured by recordation of the conditions on the property title. (3568-9/02)
4. Federal Requirements: All Wireless Communication Facilities must meet or exceed
current standards and regulations of the FCC, and any other agency of the state or federal
government with the authority to regulate wireless communication facilities. (3568-9102)
5. Lighting: All outside lighting shall be directed to prevent"spillage"onto adjacent
properties,unless required by the FAA or other applicable authority, and shall be shown on
the site plan and elevations. (3568-9/02,3779-10/07)
6. Maintenance: All facilities and appurtenant equipment including landscaping shall be
maintained to remain consistent with the original appearance of the facility. Ground
mounted facilities shall be covered with anti-graffiti coating. (3568-9/02,3779-10/07)
7. Monitoring: For all wireless communication facilities,the applicant shall provide a copy
of the lease agreement between the property owner and the applicant prior to the issuance
of a building permit. (3568-9/02,3779-10/07)
8. Si ng_s: The facility shall not bear any signs or advertising devices other than owner
identification, certification, warning, or other required seals of signage.
(3568-9/02,3779-10107)
9. Facilities on Public Property: Any wireless communication facility to be placed over,
within, on, or beneath City property shall obtain a lease or franchise from the City prior to
applying for a Wireless Permit and an administrative or conditional use permit.
(3779-10/07)
10. Landscaping: Landscape planting, irrigation and hardscape improvements may be imposed
depending on the location, the projected vehicular traffic,the impact on existing facilities
and landscape areas, and the visibility of the proposed facility. Submittal of complete
landscape and architectural plans for review and approval by the Directors of Public Works
and Planning may be required. (3779-10/07)
11. Utility Agreement: If the proposed facility will require electrical power or any other utility
services to the site, the applicant will be required to furnish the City's Real Estate Services
Manager either a drafted utility franchise agreement between the City of Huntington Beach
and the applicant to place those lines in the public right-of-way, or a written statement
from the utility company that will be supplying the power or other services, that they
accept all responsibility for those lines in the public right-of-way.
(3779-10/07)
12. Facilities in the Public Right-of-Way. Any wireless communication facility to be placed
over,within, on or beneath the public right-of-way shall comply with the following
standards: (3568-9/02,3779-10/07)
a. Any wireless communication facilities to be constructed on or beneath the public right-
of-way must obtain an encroachment permit from the City and the applicant must
provide documentation demonstrating that the applicant is a state-franchised telephone
corporation exempt from local franchise requirements. (3568-9/02,3779-10/07)
b. All equipment associated with the operation of a facility, including but not limited to
cabinets, transmission cables but excepting antennas, shall be placed underground in
those portions of the street, sidewalks and public rights-of-way where cable television,
telephone or electric lines are underground. At no time shall equipment be placed
underground without appropriate conduit. (3568-9/02,3779-10/07)
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 54 of 56
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LEGISLATIVE DRAFT
c. The City Engineer shall approve the location and method of construction of all
facilities located within public rights-of-way and the installation of facilities within the
public rights-of-way must comply with Title 12 of the Huntington Beach Municipal
Code, as the same may be amended from time to time. (3568-9/02, 3779-10/07)
d. All wireless communication facilities shall be subject to applicable City permit and
inspection fees, including, but not limited to,those pertaining to encroachment permits,
administrative or conditional use permits, and all applicable fees.
(3568-9/02,3779-10/07)
e. Any wireless communication facility installed,used or maintained within the public
rights-of-way shall be removed or relocated when made necessary by any"project."
For purposes of this section,project shall mean any lawful change of grade, alignment
or width of any public right-of-way, including but not limited to, the construction of
any subway or viaduct that the City may initiate either through itself, or any
redevelopment agency, community facility district, assessment district,area of benefit,
reimbursement agreement or generally applicable impact fee program. (3568-9/02,3779-
10/07)
f. If the facility is attached to a utility pole,the facility shall be removed, at no cost to the
City,if the utility pole is removed pursuant to an undergrounding project.
(3568-9/02,3779-10/07)
g. The service provider shall enter into a franchise agreement with the City. As of March
17, 2007,the California Supreme Court, in the case entitled Spring Telephony PCS v.
County of San Diego,will determine whether California Public Utilities Code § 7901
grants a state-wide franchise to use the public rights-of-way for the purpose of
installation of wireless communications facilities. Pending resolution of this legal
question, any applicant seeking to use the public right-of-way must enter into a City
franchise to install wireless communications facilities. The franchise shall provide that
the franchise fee payments shall be refunded to the applicant and the franchise become
null and void if and when the California Supreme Court establishes that the provider
has a state-wide franchise to install a wireless communications facility in the public
right-Of-way. (3568-9/02,3779-10/07)
13. Facility Removal.
a. Wireless communication facilities affecting the public view and/or located in areas
designated Water Recreation, Conservation, Parks and Shoreline, and Public Right of
Ways shall be removed in its entirety within six (6) months of termination of use and
the site restored to its natural state. (3779-10/07)
b. Cessation of Operation: Within thirty(30) calendar days of cessation of operations of
any wireless communication facility approved under this section, the operator shall
notify the Planning Department in writing. The facility shall be deemed abandoned
pursuant to the following sections unless: (3568-9/02,3779-10/07)
1. The City has determined that the operator has resumed operation of the wireless
communication facility within six(6)months of the notice; or (3568-9/02,3779-10/07)
2. The City has received written notification of a transfer of wireless communication
operators. (3568-9/02,3779-10/07)
c. Abandonment: A facility that is inoperative or unused for a period of six(6)
continuous months shall be deemed abandoned. Written notice of the City's
determination of abandonment shall be provided to the operator of the facility and the
owner(s) of the premises upon which the facility is located. Such notice may be
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 55 of 56
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LEGISLATIVE DRAFT
delivered in person, or mailed to the address(es) stated on the facility permit
application, and shall be deemed abandoned at the time delivered or placed in the mail.
(3568-9/02,3779-10/07)
d. Removal of Abandoned Facility: The operator of the facility and the owner(s)of the
property on which it is located, shall within thirty(30)calendar days after notice of
abandonment is given either(1)remove the facility in its entirety and restore the
premises, or(2)provide the Planning Department with written objection to the City's
determination of abandonment. (3779-10/07)
Any such objection shall include evidence that the facility was in use during the
relevant six- (6)month period and that it is presently operational. The Director shall
review all evidence, determine whether or not the facility was properly deemed
abandoned, and provide the operator notice of its determination. (3568-9/02,3779-10107)
e. Removal by City: At any time after thirty-one (31) calendar days following the notice
of abandonment, or immediately following a notice of determination by the Director, if
applicable, the City may remove the abandoned facility and/or repair any and all
damage to the premises as necessary to be in compliance with applicable codes. The
City may, but shall not be required to, store the removed facility(or any part thereof).
The owner of the premises upon which the abandoned facility was located, and all prior
operators of the facility, shall be jointly liable for the entire cost of such removal,
repair, restoration and/or storage, and shall remit payment to the City promptly after
demand thereof is made. The City may, in lieu of storing the removed facility, convert
it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the
City. (3568-9/02,3779-10/07)
Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 56 of 56
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LEGISLATIVE DRAFT
Chapter 231 Off-street Parking and Loading Provisions
(3334-6/97,3378-2/98,3494-5/01,3526-2/02,Resolution No.2004-80-9/04,3677-12/04,3758-1/07,3763-3/07)
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 Bicycle 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. (3334-6/97)
B. NonconformingParking a�g 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: (3334-6/97)
1. A multi-family residential use with nonconforming parking may be expanded by
adding bedrooms or additional units provided that the expansion complies with
current standards contained in this chapter; (3334-6/97)
2. A single-family residence with nonconforming parking may be expanded by adding
bedrooms provided the dwelling complies with current standards contained in this
chapter; and (3334-6/97)
3. A nonresidential use with nonconforming parking may be expanded less than 50
percent of the existing square footage or intensified if additional parking is
provided for the expansion or intensification. Expansions of 50 percent or more of
the existing square footage require the site.to be in total compliance with the
current parking standards contained in this chapter. (3334-6/97)
Huntington Beach Zoning and Subdivision Ordinance Chapter 231 Page 1 of 21
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C. Spaces Required for Alteration or Enlar ement. The number of parking spaces or
loading spaces required for an alteration or enlargement of an existing use or structure, or
for a change of occupancy, shall be in addition to the number of spaces existing prior to
the alteration, enlargement, or change of occupancy unless the preexisting number is
greater than the number prescribed in this chapter. In this case,the number of spaces in
excess of the prescribed minimum shall be counted in determining the required number
of parking or loading spaces. (3334-6/97)
D. Spaces Required for Multiple Uses. If more than one use is located on a site,the number
of off-street parking spaces and loading spaces to be provided shall be equal to the sum
of the requirements prescribed for each use. This requirement applies not only to
multiple uses under separate ownership but also to multiple uses in the same ownership.
If the gross floor area of individual uses on the same site is less than that for which a
loading space would be required by Section 231.06A,but the aggregate gross floor area
of all uses is greater than the minimum for which loading spaces would be required,the
aggregate gross floor area shall be used in determining the required number of loading
spaces. (3334-6/97)
E. Location and Ownership. Parking facilities required by this chapter shall be on the same
site as the use served, except that an adjacent lot may be used which is in the same
person's possession as the structure or use. Such possession may be by deed or long-term
lease, approved as to form by the City Attorney, and recorded in the Office of the County
Recorder. A copy of the recorded document stipulating the reservation of the property
for parking purposes shall be filed with the City prior to issuance of a building permit
and/or certificate of occupancy, whichever occurs first. No use shall be continued if the
parking is removed from the adjacent lot unless substitute parking is provided. Parking
facilities provided by a parking district or parking authority are not subject to these
locational requirements. (3334-6197)
1. Parking in Yards in R Districts. The parking of motor vehicles, trailers, campers
and boats shall be prohibited on all landscaped areas within the front one-half of
the lot except as provided below. (3334-6/97)
(a) Oversized vehicles (see Definitions Chapter 203),campers,trailers and boats
on trailers may be parked on the paved driveway area or on a paved area
between the driveway and the nearest side property line provided that they do
not project over any property line and that the area is kept free of trash, debris
and parts. (3334-6/97)
(b) Commercial oversized vehicles(see Definitions Chapter 203) or special
purpose machines shall be prohibited in any yard area. (3334-6/97)
2. Parking in Yards in C or I Districts. Required yards may be used for required
parking, subject to the landscaping standards of Chapter 232. (3334-6/97)
3. Access. When a lot abuts an arterial highway and a local street, access to on-site
parking shall be from the local street. When a lot abuts an alley, then access to
parking shall be provided from the alley unless the Planning Commission approves
a different access. When a lot abuts two arterial highways or two local streets,
access shall be subject to the approval of the Director of Public Works. (3334-6197)
4. Non-residential Parking in R Districts. Non-residential parking serving adjacent
commercial or industrial uses shall not be located in any R zoned property. (3334-6/97)
Huntington Beach Zoning and Subdivision Ordinance Chapter 231 Page 2 of 21
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
F. Computation of Spaces Required. If, in the application of the requirements of this
chapter, a fractional number is obtained, one additional parking space or loading space
shall be required. (3334-6/97)
G. Other Requirements.
l. Any off-street parking or loading facility which is permitted but not required shall
comply with all provisions of this chapter governing location, design, improvement
and operation. (3334-6/97)
2. Any motor vehicle incapable of movement by its own power and/or not licensed to
operate on California streets shall be stored either in an enclosed building or
entirely screened from view. (3334-6/97)
231.04 Off-Street Parking and Loading Spaces Required
A. Non-residential uses shall provide one loading space (minimum fourteen [14] feet in
Width,twenty [20] feet in length, and fourteen [14] feet in height)for each 20,000 square
feet, or fraction thereof, of gross floor area; however, a maximum of three (3) such
spaces are required for buildings exceeding 60,000 square feet. No loading space is
required for non-residential uses with less than 20,000 square feet of gross floor area.
(3334-6/97)
B. Off-street parking spaces shall be provided in accord with the following schedule.
References to spaces per square foot are to be computed on the basis of gross floor area,
unless otherwise specified. (3334-6/97)
Where the use is undetermined,the approving body shall determine the probable use and
the number of parking and loading spaces required. In order to make this determination,
the Director may require the submission of survey data prepared by a state-registered
traffic engineer for the applicant or collected at the applicant's expense. Parking spaces
over and above the minimum number specified in this section may be required by the
body responsible for reviewing the use itself based on the intensity of the use. (3334-6/97)
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. This provision shall not apply to applications for development
within the coastal zone that necessitate a coastal development permit. (3526-2/02,
Resolution No.2004-80-9/04)
Huntington Beach Zoning and Subdivision Ordinance Chapter 231 Page 3 of 21
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (3334-6/97)
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 1 space for each additional
bedroom; 1 additional space per dwelling where no
on-street parking is allowed
Multi-family Dwellings
Studio/one bedroom 1 enclosed space per unit
2 bedrooms 2 spaces (1 enclosed)per unit
3 or more bedrooms 2.5 spaces (1 enclosed)per unit
Guests 0.5 space per unit
'Open spaces may be behind any required spaces and/or on a street adjacent to the property.
On-street parking may not be reserved for residents and/or guests but must be available to the
general public on a first-come, first-serve basis.
(rest of page not used)
Huntington Beach Zoning and Subdivision Ordinance Chapter 231 Page 4 of 21
Exhibit"A" —Resolution No.2009-36
LEGISLATIVE DRAFT
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(33U-6/97)
Use Classification Off-Street Parking Spaces
Senior
Studio/one bedroom 1 covered space per unit
Two bedrooms 1.5 spaces per unit(1 covered)
Manufactured Homes 2 spaces per unit; one covered, and one may be
behind the first
Guest 1 per 3 manufactured homes
Rooming House 1 space per guest room plus
1 space per owner/manager plus
1 space per each 10 guest rooms
Residential Care, Limited 1 per 3 beds
Public and Semi-public
Clubs and Lodges 1 per 35 sq. ft. used for assembly purposes of 1 per
3 fixed seats (18 inches=one seat),whichever is
greater
Cultural Facilities 1 per 300 sq. ft. gross floor area
Day Care, General 1 per staff member plus one per classroom
Government Offices 1 per 250 sq. ft. gross floor area
Heliports As specified by use permit
Hospitals 1 per 1.5 beds
Maintenance and Service Facilities 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 1 per 35 sq. ft. of public assembly area, or 1 per 3
fixed seats(18 inches= 1 seat), whichever is
greater
Residential Care, General 1 per 3 beds; plus additional spaces, as specified by
conditional use permit
Schools, Public or Private
Preschools, nursery day care 1 per staff member,plus one per classroom
Elementary,junior high 1.5 per classroom
High school/college 7 per classroom
Huntington Beach Zoning and Subdivision Ordinance Chapter 231 Page 5 of 21
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6/97)
Use Classification Off-Street Parking Spaces
Schools, Public or Private-cont.
Trade schools,music 1 per 35 sq. ft. of instruction area
conservatories
Utilities, Major As specified by conditional use permit
Commercial
Ambulance Services 1 per 500 sq. ft.;plus 2 storage spaces
Animal Sales and Services
Animal boarding 1 per 200 sq. ft.
Animal grooming 1 per 200 sq. ft.
Animal hospitals 1 per 200 sq. ft.
Animal,retail sales 1 per 200 sq. ft.
Artists' Studios 1 per 1,000 sq. ft.
Banks and Savings&Loans 1 per 200 sq.ft.
Drive-Up Service Queue space for 5 cars per teller
Building Materials and Services 1 per 1,000 sq. ft. of lot area; minimum 10 plus
1/300 sq. ft. office area
Catering Services 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. (3677-12/04)
Stables 1 per 3 corrals plus 1 horse trailer space for each
10 corrals plus 2 for caretaker's unit
Tennis/Racquetball 3 per court
Theaters 1 per 3 fixed seats, or 1 per 35 sq. ft. seating area if
there are no fixed seats
Other Commercial As specified by the Zoning Administrator or
Recreation and Entertainment Planning Commission
Communications Facilities 1 per 500 sq. ft.
Eating and Drinking Establishments
with less than 12 seats 1 per 200 sq. ft.
with more than 12 seats 1 per 60 sq. ft. or 1 per 100 sq. ft. when on a site
with 3 or more uses
Huntington Beach Zoning and Subdivision Ordinance Chapter 231 Page 6 of 21
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6/97)
Use Classification Off-Street Parking Spaces
Eating and Drinking Establishments-cont
with dancing Plus 1 per 50 sq. ft. of dancing area
with drive through service Plus queue space for 5 cars per service window
Food and Beverage Sales 1 per 200 sq. ft.
Furniture and Appliance Stores 1 per 500 sq. ft. excluding areas used for storage or
loading,but not less than 5
Funeral and Interment Services 1 per 35 sq. ft. of seating space
Hardware Stores 1 per 200 sq. ft. excluding areas used for storage or
loading, but not less than 5
Horticulture, Limited 1 per 2 acres
Laboratories 1 per 500 sq. ft.
Maintenance and Repair Services 1 per 500 sq. ft.
Marine Sales and Services 1 per 500 sq. ft.
Nurseries 1 per 1,000 sq. ft. of indoor/outdoor sales and/or
display lot area accessible for public viewing,but no
less than 10; plus 1 per 300 sq. ft. office area
Offices, Business and Professional 1 per 250 sq. ft. for less than 250,000 sq. ft.; 1 per 300
sq. ft. for 250,000 sq. ft. or more
Offices, Medical and Dental 1 per 175 sq. ft. (includes out-patient medical/surgery
centers)
Pawn Shops I per 200 sq. ft.
Personal Enrichment Services 1 per 35 sq. ft. of instruction area; or Maximum 1 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. (3677-12/04
Personal Services 1 per 200 sq. ft.
Research and Development Services 1 per 500 sq. ft.
Retail Sales Not Listed Under Another 1 per 200 sq. ft.
Use Classification
Sex Oriented Business (3378-2/98)
Cabaret with less than 12 seats, 1 per 200 sq. ft.; with 12 seats
or more, 1 per 60 sq. ft. or 1 per 100 sq. ft. if on a site
with three or more uses (3378-2/98)
Huntington Beach Zoning and Subdivision Ordinance Chapter 231 Page 7 of 21
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6/97)
Use Classification Off-Street Parking Spaces
Sex Oriented Business (cont.)
Encounter center 1 per 35 sq. ft. of instruction area (3378-2/98)
Escort bureau 1 per 250 sq. ft. (3378-2/98)
Hotel/Motel 1.1 per guest room; plus 1 per passenger transport
vehicle(minimum of 2 stalls)and 2 spaces for any
manager's unit and parking for other uses as
required by this schedule (3378-2/98)
Mini-motion picture theater, 1 per 3 fixed seats, or 1 per 35 sq. ft. seating area if
motion picture theater or there are no fixed seats (3378-2/98)
motion picture arcade
Retail sales 1 per 200 sq. ft. (3378-2/98)
Swap Meets, Indoor/Flea Markets 1/100 sq. ft. except as may be modified by the
Planning Commission through the conditional use
permit process, after submittal,review and
approval of a traffic engineering study
Vehicle/Equipment Sales and Services
Automobile Rentals I 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 I per 500 sq. ft. but no less than 5
self-serve 2
with convenience markets 1 per 200 sq. ft. of retail space but no less than 8
with self-serve car wash 4
with self-serve car wash 10
and convenience market
Vehicle/Equipment Repair 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 1 per 300 sq. ft. office area; I
per 200 sq. ft. auto service area
Vehicle Storage I per 5,000 sq. ft. lot area; no less than 5
Visitor Accommodations:
Bed and Breakfast 1 per guest room plus i guest and I
manager/owner space
Huntington Beach Zoning and Subdivision Ordinance Chapter 231 Page 8 of 21
Exhibit"A" —Resolution No.2009-36
LEGISLATIVE DRAFT
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A(continued) (3334-6/97)
Use Classification Off-Street Parking Spaces
Visitor Accommodations (cont.)
Hotels, Motels 1.1 per guest room;plus 1 per passenger transport
vehicle (minimum of 2 stalls) and 2 spaces for any
manager's unit and parking for other uses as
required by this schedule
Single Room Occupancy, 1.0 per unit, 10% shall be designated as visitor
Residential Hotels parking; 1 per passenger transport vehicle
(minimum of 1 stall)one loading space, and 2
spaces for any manager's unit,plus 0.5.per all
remaining personnel (3494-5/01)
Warehouse and Sales Outlets 1 per 200 sq. ft.
Industrial
Speculative buildings 1 per 500 sq. ft. (maximum 10% office area)
Manufacturing, research assembly, 1 per 500 sq. ft.
packaging
Wholesaling, warehousing and 1 per 1,000 sq. ft.
distributing space
Offices 1 per 250 sq. ft. if office area exceeds 10 percent of
gross floor area
Outside uses: Storage, wrecking/ 1 per 5,000 square feet of lot area,but no less than
salvage and lumber yards 5
Mini-storage facilities
Single-story 1 per 5,000 square feet
Each additional story 1 per 2,000 square feet plus 2 spaces for any
caretaker's unit
231.06 Joint Use Parking
In the event that two (2) or more uses occupy the same building, lot or parcel of land, the total
requirement for off-street parking shall be the sum of each individual use computed separately
except as provided in this section. (3334-6/97)
The Planning Commission or Zoning Administrator may grant a reduction in the total number
of required spaces as part of the entitlement for the use or uses, or by conditional use permit
when no other entitlement is required, when the applicant can demonstrate that the various
uses have divergent needs in terms of daytime versus nighttime hours or weekday versus
weekend hours. Such joint use approvals shall be subject to the following: (3334-6/97)
Huntington Beach Zoning and Subdivision Ordinance Chapter 231 Page 9 of 21
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
1. The maximum distance between the building or use and the nearest point of the
parking spaces or parking facility shall be 250 feet; and (3334-6/97)
2. There shall be no conflict in the operating hours based on parking space
requirements for the different uses on the parcel; and (3334-6/97)
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. (3334-6/97)
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: (3334-6/97,3526-2/02,3677-12/04)
1. The parking demand will be less than the requirement in Schedule A; and (3334-&97,
3526-2/02)
2. The proposed use of the building or structure, will not generate additional parking
demand; and (3334-6/97,3526-2/02)
3. A Transportation Demand Management plan which exceeds the minimum required
by Section 230.36 has been approved by the Director. (3334-6/97)
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. (3334-6/97,3526-2/02,3677-
12/04)
231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area
Parking requirements for private property uses within the Downtown Specific Plan Area may
be met by payment of an"in-lieu" fee for providing parking in a parking facility subject to
conditional use permit approval by the Planning Commission. Said fee may be paid in .
multiple installments. The first installment in an amount established by City Council
Resolution for each parking space shall be paid prior to the issuance of building permits or of a
certificate of occupancy, whichever comes first. Any successive installments shall be paid and
secured by a mechanism established in the conditions of approval. (3334-6/97)
231.12 Parking Spaces for the Handicapped
New and existing parking facilities shall comply with the State Handicapped Regulations as
mandated in State law. (3334-6/97)
Huntington Beach Zoning and Subdivision Ordinance Chapter 231 Page 10 of 21
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
231.14 Parking Space Dimensions (3334-6/97)
Required parking spaces shall have the following minimum dimensions in feet. Striping
requirements are depicted in Diagram A. Directional signs and/or pavement markings shall be
provided in any facility in which one-way traffic is established. (3334-6/97)
Angle of Stall Stall Depth Aisle Width'
Parking Width 1-way 2-way
00 9 19 (with 8 ft. Striped 12 20
(Parallel) maneuvering area between
every 2 spaces)
300 9 19 14 20
45" 9 19 15 20
600 9 19 20 20
900 9 19 26 26
Residential 9 19 25 25
Bicycle 8 17 subject to Section 231.20
'Minimum 24 feet when determined by Fire Department to be a fire lane.
(rest of page not used)
Huntington Beach Zoning and Subdivision Ordinance Chapter 231 Page 11 of 21
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
300 ,450 & 60 0 Parking
2
4D,
' fie?S
9Alt
/' r8
� o. ��
' zor
900 Parking 24 In. Exterior
Dimension
1
U 19 Pt. 18 In. Interior
Dimension
Parallel Parking
\ 9 ft. \
� . 19 ft. 19 ft. ►t- 8 ft
G:1D1V80F;MVV=1 STRP.BM
STRIPING REQUIREMENTS
DIAGRAM A
Huntington Beach Zoning and Subdivision Ordinance Chapter 231 Page 12 of 21
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
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. (3334-6/97)
B. Vertical Clearance. Vertical clearance for parking spaces shall be 7 feet, except that an
entrance may be 6.67 feet. When handicapped parking is provided,vertical clearance shall
comply with California Code of Regulations (Title 24, Part 2,Chapter 2-71). (3334-6/97)
For residential uses,non-structural improvements including wall-mounted shelves,
storage surface racks, or cabinets may encroach into the vertical clearance,provided a
minimum 4.5 feet vertical clearance is maintained above the finished floor of the garage
within the front 5 feet of a parking space. (3334-6/97)
C. Wheel Stops. All spaces shall have wheel stops 2.5 feet from a fence,wall,building or
walkway. (3334-6197)
D. 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. (3334-6/97)
231.18 Design Standards
A. Public Works Requirements. Drive entrances on arterial highways shall be located in a
manner to coordinate with future median openings and in accord with Department of
Public Works standards. The paved surface of driveways and drive entrances shall
comply with Department of Public Works specifications. Parking facilities shall be
prepared, graded, and paved to ensure that all surface waters will drain into a public
street, alley, storm drain, or other drainage system approved by the Department of Public
Works. Aisle ways without adjacent parking shall be a minimum 24 feet in width. (3334-
6/97)
B. Circulation Design. All off-street parking spaces shall have access to a public street or
alley, and shall have internal circulation, safe entrances and exits,drives, and aisles in
conformance with City standards. Every required parking space shall have unobstructed
access from an aisle without moving another vehicle. All parking spaces, except
residential garages and carports for single-family dwellings and duplexes, shall have
forward travel to and from parking facilities when access is to a dedicated street. Traffic
circulation shall be designed so that no vehicle need enter a public street in order to
progress from one aisle to any other aisle within the same development. (3334-6/97)
Commercial centers which have 200 parking spaces or more shall have at least one main
entrance designed as depicted in Diagram B. (3334-6197)
Huntington Beach Zoning and Subdivision Ordinance Chapter 231 Page 13 of 21
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
I I
I I
I I 100,
Oft.
I I
— I ---�
24ft. 24%
Oft.
GVrADOW01-UTSM
COMMERCIAL CENTER MAIN ENTRANCE
FOR PARKING LOTS WITH OVER 200 SPACES
DIAGRAM B
A minimum 3-foot-by-3-foot-wide maneuvering area shall be provided at the end of
dead-end parking aisles less than 150 feet in length. A vehicle turnaround space shall be
provided at the end of all dead-end parking aisles which exceed 150 feet in length
(measured from the closest intersecting aisle with complete circulation). The
maneuvering area and turnaround space shall be designed as depicted in Diagram C.
Other turnaround arrangements providing the same maneuverability are subject to
approval by the Director.
2 ft. I
Wheel I Maneuvering 19 I
stop' I area I
' :9 ft. '
26 ft. ---�
I
3 ft 3 ft..
712"Sp off -
te area GADIV9DRAW\131-RND.BMP
TURN-AROUND SPACE AND MANEUVERING AREA
DIAGRAM C
Huntington Beach Zoning and Subdivision Ordinance Chapter 231 Page 14 of 21
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
C. Illumination. All parking area lighting shall be energy-efficient and designed so as not to
produce glare on adjacent residential properties. Security lighting shall be provided in
areas accessible to the public during nighttime hours, and such lighting shall be on a
time-clock or photo-sensor system. (3334-6/97)
D. Residential Parking. (3334-6/97)
1. Garages and Carports. All required garages and carports, permitted as accessory
structures, shall be constructed at the same time as the main building and shall be
used only by persons residing on the premises for storage of personal vehicles and
other personal property. (3334-6/97)
2. Assignment of Spaces. Each studio and one bedroom dwelling unit shall have a
minimum of one assigned parking space and each two or more bedroom units shall
have a minimum of two assigned parking spaces. Each dwelling unit shall have an
enclosed, assigned space which shall be within 200 feet walking distance of that
unit and designated as such. The assigned spaces shall be provided with the rental
of a dwelling unit without any additional cost. All unassigned spaces provided on
site shall be open and only used for the parking of vehicles by persons residing on
the property or their guests. (3334-6/97)
3. Turning Radius. The minimum turning radius for any garage,carport or open
parking space, entered directly from an alley or driveway, shall be 25 feet. (See
Diagram D) (3334-6/97)
STREET
^ev U
GA GE
---- --- -
--- --- AtL.EY
c
DRIV WAY
STREET
STREET
G:1DIV9DRAVM31-TURN.BMP
TURNING RADIUS
DIAGRAM D
Huntington Beach Zoning and Subdivision Ordinance Chapter 231 Page 15 of 21
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
4. Driveway Width. (3334-6/97)
Length of Drive Minimum Driveway Width
150 feet or less 10 ft. for single family dwellings
20 ft. for multi-family dwellings
Greater than 150 feet 20 feet clear width
Exception: when designated as fire lane, all Fire
Department requirements shall apply.
5. Guest Parking. All guest parking shall be fully accessible. (3334-6/97)
6. Coastal Zone. The following requirements shall apply to residential
development in the Coastal Zone:
11 Each dwelling unit located in the Coastal Zone shall have a minimum of 2 on-
site parking spaces. If the total coastal parking requirements exceed the total
minimum parking as required by this chapter,the additional required parking
spaces may be in tandem with enclosed spaces,provided the tandem space is
assigned to an enclosed space and complies with the required turning radius. (3334-
6/97)
2) The streets of new residential subdivisions between the sea and
the >t-�rs public road shall e constructed anU inaintaine as o en
tote Pu lie for ve icu ar bicycle and pedesirian access. General
u is parFune shall a provided on all streets t ron out t o
entire sll ivision. Private entrance eaces and private streets shall
e prohibitel All Public entry contro s (e.g. Eates, eate/guard
houses, guards, si na a etc. and restriction on use bv the general
public e. . preferential parkingistricts resident-on resident-oni arkin2
Brio s ermits etc. associated With any streets or parking areas
shall e prohibited.
7. Planned Residential Developments. In a planned residential development where a
garage is constructed a minimum of 20 feet from the curb, the driveway in front of
the garage may be used to provide one of the required uncovered spaces. (3334-6/97)
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: (3526-2/02)
1) Fire Department approval for location and emergency entry. (3526-2/02)
2) Public Works Department approval of stacking and location. (3763-3/07) ,
3) Postmaster approval of location for mail boxes or entry for postal carrier.
(3526-2/02,3763-3/07)
4) Shall provide a driveway with a minimum of twenty(20) feet for vehicle
stacking.,. (3526-2/02,3677-12/04,3763-3/07)
5) No adverse impacts to public coastal access, including changes in the
intensity of use of water,or access thereto, shall result from installation of the
privacy gates. (Resolution No.2004-80-9/04,3763-3/07)
9. Driveway Air Space. The air space above all driveways which exceed 150 feet in
length shall remain open to the sky, except that.eaves or roof overhangs with a
maximum 4-foot projection may be permitted above a height of 14 feet. (3334-6/97,
3526-2/02)
Huntington Beach Zoning and Subdivision Ordinance Chapter 231 Page 16 of 21
Exhibit"A" —Resolution No.2009-36
LEGISLATIVE DRAFT
10. Storage Space. 100 cubic feet of enclosed storage space for each unit shall be
provided in a secured parking area where there is no private garage. (3334-6/97,3526-
2/02)
11. Accessory 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.(3334-6/97,3526-2/02)
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. (3334-6/97)
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: (3334-6/97,3526-2102,Resolution No.2004-80-9/04,
3677-12/04)
1) Fire Department approval for location and emergency entry. (3526-2/02,Resolution
No.2004-80-9/04)
2) Public Works Department approval of stacking and location. (3763-3/07)
3) Postmaster approval of location for mail boxes or entry for postal carrier.
(3526-2/02,Resolution No.2004-80-9/04,3763-3/07)
4) Shall provide a driveway with a minimum of twenty(20)feet for vehicle
stacking. (3526-2/02,Resolution No.2004-80-9/04,3763-3/07)
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. (Resolution No.2004-80-9/04,3763-3/07)
3. Minimum Driveway Width. 25 feet when providing access to the rear of a
structure. (3334-6/97)
4. Reciprocal Access. Reciprocal ingress/egress access with adjacent properties shall
be provided for all commercial properties. (3334-6/97)
5. Loading Location. On a site adjoining an alley, a required loading space shall be
accessible from the alley unless alternative access is approved by the Director. An
occupied loading space shall not prevent access to a required parking space. Truck
or rail loading, dock facilities, and doors for such facilities shall not face or be
located within 45.feet of property zoned or general planned residential. (3334-6/97)
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. (3334-6/97)
7. Landscape Buffer. Where the side or rear yard of a parcel is used for loading
activities and abuts an R District, a landscaped buffer along the property line shall
be provided. (3334-6/97)
8. Parking Spaces. 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.
Huntington Beach Zoning and Subdivision Ordinance Chapter 231 Page 17 of 21
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
(3758-1/07)
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: (3334-6/97)
1. Paving shall be 2 inches of asphalt over compacted native soil, or as approved by
the Department; except seasonal parking lots shall be surfaced to meet minimum
specifications for support of vehicles and to provide dust control as required by the
Zoning Administrator. (3334-6197)
2. Boundaries of such lots shall be marked off and secured by chain or cable,with
posts a minimum of 3 feet in height, solidly built. At a minimum,posts shall
consist of 4" x 4" wood or equivalent metal posts a minimum of 1-1/2 inches in
diameter securely set in the ground and placed 8 feet on center. The posts shall be
connected with at least 1 strand of 1/2-inch cable or chain securely fastened to each
post. An opening shall be provided to accommodate vehicle access during business
hours. Seasonal lots shall be secured to prevent overnight parking between the
closing hour on one business day and the opening hour the following business day.
(3334-6/97)
3. Temporary parking lots shall have landscaped planters with an inside dimension of
3 feet along street-side property lines excluding driveways. Landscaping shall be
protected from vehicle and pedestrian damage by wheel bumpers(asphalt, concrete,
or wood),or asphalt or concrete curbs,or any other design that will provide
adequate protection. (3334-6/97)
4. Seasonal parking lots are exempt from landscaping requirements of Chapter 232.
(3334-6/97)
5. Directional and informational signs shall be displayed on-site to identify the
entrance(s), fees, and hours of operation. Such signs shall be located at the
entrance of the parking lot and shall not exceed 12 square feet and shall be 6 feet
high. Signs for seasonal parking lots shall be removed from the site each season no
later than the third weekend in September. (3334-6197)
6. Automatic entry devices or fee collection points shall be set back a minimum of 20
feet from the public right-of-way, or at a distance recommended by the Department
of Public Works and approved by the Director. (3334-6/97)
7. An attendant shall be on duty at all times during business hours of seasonal parking
lots. (3334-6/97)
8. An approved fire extinguisher shall be provided on the premises during business
hours. (3334-6/97)
9. The site shall be maintained in a clean condition, free from trash and debris. Trash
containers shall be placed on the site to accommodate and store all trash that
accumulates on the lot. (3334-6/97)
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
Huntington Beach Zoning and Subdivision Ordinance Chapter 231 Page 18 of 21
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
per occurrence shall be filed with the Department of Administrative Services. A hold
harmless agreement holding the City harmless shall also be filed with the Department of
Administrative Services. (3334-6/97)
Subsequent to approval of an application for any seasonal or temporary parking lot,the
applicant shall meet all standards and requirements and install all improvements. The
parking lot shall then be inspected and approved by the Director prior to issuance of a
Certificate to Operate. (3334-6/97)
G. Parking Structures. Parking structures above or below grade shall be subject to
conditional use permit approval by the Planning Commission when no other entitlement
is required. In addition,parking structures proposed within the coastal zone shall be
subject to approval of a coastal development permit. All parking structures shall comply
with the following requirements:(3334-6/97)
1. Transition ramps which are also used as back-up space for parking stalls shall have
a maximum slope of 5 percent. The maximum slope for transition ramps with no
adjacent parking spaces shall be 10 percent. A ramp used for ingress and egress to
a public street shall have a transition section at least 16 feet long and a maximum
slope of 5 percent. (3334-6/97)
2. Parking structures with over 300 spaces shall provide secondary circulation ramps
and additional ingress and egress if deemed necessary by a traffic study prepared by
a state-registered traffic engineer. (3334-6/97)
3. Parking structures shall be provided with a minimum 10-foot-wide perimeter
landscape planter at ground level. Parked cars shall be screened on each level
through landscape planters or trellises and/or decorative screening wall or railings.
The Design Review Board shall approve the landscaping plan. (3334-6/97)
4. All parking structures shall be architecturally compatible with existing or proposed
structures and shall be subject to review and approval by the Design Review Board
prior to hearing. The Design Review Board shall consider the following factors in
reviewing a proposal: bulk, scale, proportion,building materials, colors, signage,
architectural features, and landscaping. (3334-6/97)
5. All.parking structures proposed for conversion to a fee parking arrangement shall
be subject to conditional use permit approval by the Planning Commission. Public
parking structures within the coastal zone proposed for conversion to a fee parking
arrangement shall be subject to approval of a coastal development permit.(3334-6/97)
231.20 Bicycle Parking (3334-06/97,3677-12/04)
1. Bicycle Parking Requirements:
a. Non-Residential Uses: (3763-3/07)
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). (3763-3/07)
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. (3763-3/07)
b. Multiple-Family Residential Uses: One bicycle space for every four units.
Huntington Beach Zoning and Subdivision Ordinance Chapter 231 Page 19 of 21
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
(3763-3/07)
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. (3763-3/07)
231.22 Driveways; Visibility
Visibility of a driveway crossing a street or alley property line or of intersecting driveways
shall be consistent with the requirements of Section 230.88.(3334-6/97)
231.24 Landscape Improvements
Landscape, planting and irrigation plans shall be prepared consistent with the requirements of
Chapter 232. (3334-6/97)
231.26 Parking Area Plan Required
Prior to the construction, reconstruction, or re-striping of an off-street parking area, a parking
area plan shall be submitted to the Director for the purpose of indicating compliance with the
provisions of this section. This plan shall include: (3334-6/97)
A. Location and description of fencing and architectural screen walls. (3334-6/97)
B. Location and placement of parking stalls, including bumpers, striping and circulation, all
dimensioned to permit comparison with approved parking standards. (3334-6/97)
C. Location and placement of lights provided to illuminate the parking area. (3334-6/97)
D. A drainage plan showing drainage to a public way in accordance with accepted standards
or practices. (3334-6/97)
E. A landscape, planting and irrigation plan prepared consistent with the requirements of
Chapter 232. (3334-6/97)
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. (3677-12/04)
G. When re-striping,parking stalls shall be as depicted in Section 231.14, Diagram A. (3677-
12104)
H. If a parking area is proposed to only be re-striped;no landscape,drainage, or lighting
plan is required. (3677-12/04)
Single-family dwellings on pre-existing lots are exempt from this requirement. (3334-6/97)
231.28 Oceanside or On-Street Parking within the Coastal Zone
If any existing oceanside or on-street parking within the coastal zone is removed, it shall be
replaced on a one for one basis in an area that would not result in the loss of any sandy beach
Huntington Beach Zoning and Subdivision Ordinance Chapter 231 Page 20 of 21
Exhibit"A"—Resolution No.2009-36
LEGISLATIVE DRAFT
area and within walking distance of the existing site. Replacement parking shall be assured
prior to the issuance of the coastal development permit and shall be provided before any
existing parking is removed so that there will be no reduction in the number of parking spaces
available.(3334-6/97)
Huntington Beach Zoning and Subdivision Ordinance Chapter 231 Page 21 of 21
Res. No. 2009-36
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 July 6, 2009 by the following vote:
AYES: Carchio, Dwyer, Bohr, Coerper, Hansen
NOES: None
ABSENT: Green, Hardy
ABSTAIN: None
Couclerk and ex-officio Jerk of the
City Council of the City of
Huntington Beach, California