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HomeMy WebLinkAboutCity Council - 2011-97 RESOLUTION NO. 2011-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 11-001 AND REQUESTING ITS CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION WHEREAS, after notice duly given pursuant to Government Code Section 65090 and Public Resources Code Sections 30503 and 30510, the Planning Commission of the City of Huntington Beach held public hearings to consider the adoption of the entitlements included in Huntington Beach Local Coastal Program Amendment No. 11-001, and such amendment was recommended to the City Council for adoption; and The City Council, after giving notice as prescribed by law, held at least one public meeting on the entitlements included in the proposed Huntington Beach Local Coastal Program Amendment No. 11-001, and the City Council finds that the proposed amendment is consistent with the Huntington Beach General Plan, the Certified Huntington Beach Coastal Land Use Plan and Chapter 6 of the California Coastal Act. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. That the Huntington Beach Local Coastal Program Amendment No. 11- 001 is hereby approved, consisting of certain Ordinances pertaining to Zoning Text Amendments (ZTA) and one Zoning Map Amendment (ZMA) as listed below: Exhibit Ordinance Subiect Description A. No. 3788 ZTA No. 07-003 Medical Marijuana Dispensaries B. No. 3826 ZTA No. 08-003 Signs C. No. 3842 & 3843 ZTA No. 09-003 Massage Establishments D. No. 3845 ZTA No. 09-001 Flood Ordinance Revisions E. No. 3867 - 3873 ZTA No. 07-001 Design Review Board/Signs F. No. 3856 - 3861 ZTA No. 09-009 Emergency Shelters/Transitional Housing G. No. 3881 ZTA No. 10-003 Political Signs H. No. 3927 ZTA No. 11-001 Political Signs 11-3119/73685 1 Resolution No. 2011-97 Exhibit Ordinance Subiect Description L No. 3909 ZTA No. 10-005 Kennels J. No. 3874 ZMA No. 08-002 Beach and Edinger Corridors Specific Plan Copies of the aforesaid ordinances and resolutions are attached hereto as Exhibits A through J, respectively, and are incorporated by this reference as though fully set forth herein. SECTION 2. That the California Coastal Commission is hereby requested to consider, approve and certify Huntington Beach Local Coastal Program Amendment No. I 1-001. SECTION 3. That pursuant to Section 13551(b) of the Coastal Commission Regulations, Huntington Beach Local Coastal Program Amendment No. 11-001 will take effect automatically upon Coastal Commission approval, as provided in Public Resources Code Sections 30512, 30513, and 30519. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held on the 19t h day of December , 2011. Mayor ATTEST: APPROVED AS TO FORM: J� i. �0 � y Clerk Ci\ Attorney M V REVIEW D AND APPROVED: INITIATED AND APPROVED: =� Ci a a er Plammng and Building Director 11-3119/73685 2 1 Resolution No.2011-97 Resolution No.2011-97 Resolution No. 2011-97 ORDINANCE NO. 3788 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTERS 204 AND 212 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE PERTAINING TO MEDICAL MARIJUANA DISPENSARIES The City Council of the City of Huntington Beach does hereby ordain as follows:.- SECTION I. That language in subsection R of Section 204.10 of the Huntington Beach Zoning and Subdivision Ordinance is hereby deleted.. (For clerical purposes the letter"R" has. been retained.) SECTION 2. In Section 212.04 Land Use Controls, reference to Medical Marijuana Dispensary and Provision L-13 are hereby deleted in their.entirety. SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the-City of Huntington Beach at a regular meeting thereof held on the 19 t h day of November ,2007 a ATTEST: INITIATED AND APPROVED AS TO City Clerk ORM: REVIEWED AND.APPROVED: City Attorney City nistrator REVIEW AND PROVED Dir ator. o Planning 07-1118/11992 Resolution No.2011-97 Ord.No. 3788 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON.BEACH ) I, JOAN L. FLYNN,the duly elected,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on November 5,2007, and was again read to said City Council at a regular meeting thereof held on November 19,2007, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Carchio, Coerper, Green, Hansen NOES: Cook, Hardy ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 29,2007. In accordance with the City Charter of said City JoW L. Flynn, Ci1y Clerk CAIClerk and ex-officio erk d Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No.2011-97 Resolution No.2011-97 i I i i i I i i I i i i I I i i Resolution No. 2011-97 ORDINANCE NO. 3826 1". AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 233 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO SIGNS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 233 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 233.02 Reserved 233.04 Permits Required Sign permits are required for all signs,unless expressly exempted under Section 233.08 or otherwise provided by this Code. A building permit application for a new sign or change in sign panel/face shall be approved by the Planning Department prior to installation and issuance of a building permit by the Building and Safety Department. A. Sign Permit. A complete sign application shall include the following information: l. Two sets of fully-dimensioned plans drawn to scale. The plans shall include the following: a. Site plan indicating the location of all proposed signs,as well as the size and location of existing signs on the site. Photographs should be submitted if available. b. Sign elevations, indicating overall square footage and letter/figure dimensions, letter style,color(indicate standard color number if applicable),materials,proposed copy and illumination method. c. Dimensioned building elevations with existing and proposed signs depicted. 2. Property owner approval in the form of a letter or signature on the plans, approving the proposed signs and authorizing submission of the sign application. 3. For wall signs, method of attachment;for freestanding signs,foundation plan, sign support and attachment plan. 4. Type and method of electrical insulation devices,where applicable. 5. Any design modification from the requirements of this chapter that have been approved shall be noted, and compliance with the Planned Sign Program, limited sign permit, or sign code exception shall be demonstrated. 30083 l Resolution No.2011-97 B. Planned Sign Program. Review and approval of a Planned Sign Program pursuant to Section 233.20 is required for a sign permit for the following requests: l. A site with five or more non-residential businesses or uses. 2. A site with two or more freestanding identification signs where there is a request for a new freestanding sign. 3. Commercial.properties with 1,300 feet or more on one street frontage requesting more freestanding signs than allowed pursuant to Section 233.06. 4. Consolidated subdivision directional signs identifying multiple projects on multiple sign panels. 5. Service stations. 6. Wall signs for second floor businesses with exterior access. 7. Wall signs installed on a building wall not adjacent to the business suite. C. Sign Code Exception: The Director may grant approval for a sign code exception of not more than 20%in sign height or sign area. Ten(10)working days prior to submittal for a building permit,applicant shall notice adjacent property owners and tenants by first class mail. Notice of application shall include the following: 1. Name of applicant. 2. Location of planned development or use, including address. 3. Nature of the proposed development shall be fully disclosed in the notice. 4. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. 5. The date by which any comments must.be received in writing by the Planning Department. 6. Planning Director shall receive entire list including name and address of those receiving the mailing. The Design Review Board shall review and render a recommendation to the Director for sign code exception requests of more than 20% in sign height or sign area supergraphics,three-dimensional signs, and relief from the strict application of Section 233.06. Neighborhood Notification required pursuant to Chapter 241. The following findings shall be made prior to approval of any sign code exception: 1. The sign is compatible with the character of the area and is needed due to special circumstances defined by the applicant and applicable to the property. 2. The sign will not adversely affect other signs in the area. 3. The sign will not be detrimental to properties located in the vicinity. 30083 2 I Resolution No. 2011-97 4. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. D. Limited Sign Permit: The owner of a sign which does not conform to the provisions of Section 233.06 may file an application for a limited sign permit to the Director for permission to change the face or copy of such sign. A limited sign permit cannot be processed for an Illegal Sign or a Prohibited Sign listed in Section 233.10. The Director may approve the face change and extend a sign's use for a time period deemed appropriate,not to exceed two(2) years. A sign permit shall be obtained pursuant to Section 233.04(A)prior to installation of the new sign panel/face. A cash bond in an amount determined by the Director to reflect the cost of removal based on information provided by a sign company shall be required to guarantee the sign's removal upon expiration of the limited sign permit. Approval shall be subject to the following findings: 1. Due to unique circumstances,the sign's immediate removal will result in a substantial hardship for the applicant. 2. The sign will not adversely affect other lawfully erected signs in the area. 3. The sign will not be detrimental to properties located in the vicinity. 4. The sign will be in keeping with the character of the surrounding area. 5. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. E. Design Review Board. The Design Review Board(DRB) shall review and render a recommendation to the appropriate decision maker(Zoning Administrator, Director,Planning Commission, etc.)on the following items prior to issuance of a permit by the Planning and/or the Building& Safety Departments for the following: 1. Electronic Readerboard Signs. 2. Signs on properties within the following areas: a. Redevelopment Agency project areas; b. Areas subject to specific plans which do not include specific guidelines for signs; C. OS-PR(Open Space-Parks and Recreation)and OS-S (Open Space- Shoreline districts); and d. Any other area designated by the City Council. F. Temporary Sign Permits. The Director may issue a temporary sign permit valid for up to 30 days, if it is found that the temporary sign is necessary to establish or maintain identity until a permanent sign can be erected. Extensions of the 30 day permit may be granted at the discretion of the Director. The Director may also 30083 3 Resolution No.2011-97 approve a temporary sign permit for the following temporary signs provided the signs conform with the standards defined in Section 233.06: 1. Signs necessary to avoid a dangerous condition, including directional signs during construction. 2. Signs pertaining to a use permitted by a temporary use permit. 3. Promotional activity signs that comply with Section 233.18 are permitted up to a maximum of 90 days per calendar year. 233.06 Permitted Signs All signs shall be governed by the following schedule, except if addressed elsewhere in this chapter. The schedule lists maximum standards for number, area, and height of allowed signs which does not necessarily ensure architectural compatibility. Therefore, in addition to the enumerated standards,consideration shall be given to building setbacks,visibility of attached signing on the site, and the proposed sign's relationship to the overall appearance of the property, to the surrounding neighborhood,and to community goals. Compatible design, simplicity, sign effectiveness and adherence to the objectives and policies in the Urban Design Element of the General Plan shall be used as guidelines for sign approval. Nothing in this chapter shall preclude public access signage. The City may, in addition,from time to time adopt policies regarding sign standards. Such policies may include separate standards or provisions for specific areas of the community. A. COMMERCIAL DIS'TRIC'TS I. FREESTANDING SIGNS ON ADAMS AVE.,BEACH BLVD.,BROOKHURST ST., EDINGER AVE.,GOLDENWEST ST. AND WARNER AVE. Q _ •fir SIG'1�iS Y SI( EIGHT' µ; A a. Interior lots with less than One 10 ft. 50 sq.ft. 200 feet of street frontage +5 ft.for Bonus +25 sq.ft.for Bonus b. Interior lots with min.200 feet One 15 fi. 70 sq.ft. but less than 400 feet +5 ft.for Bonus +30 sq.ft.for Bonus C. Corner lots with the greatest One per 7 ft. 30 sq.ft. street frontage less than 400 feet street frontage +3 ft for Bonus +15 sq.ft.for Bonus d. Interior lots with min.400 feet of One primary(P) 20 ft.(P) 100 sq.ft(P) frontage AND Comer lots with and two secondary(S) +5 ft.for(P)Bonus +25 sq.ft(P)Bonus min.400 feet on one street frontage signs per street 7 ft.(S) 30 sq.ft.(S) e. Regional Mall Identification Sign One per street frontage 25 ft. 100 sq.ft. One freeway sign 25 ft.above freeway 200 sq.ft. 30083 4 Resolution No.2011-97 2. FREESTANDING SIGNS ON ALL OTHER ARTERIALS NOT LISTED ABOVE MAMMUM a. Interior lots with less than One 7 ft. 50 sq.ft. 400 feet of street frontage +1 ft.for Bonus +10 sq.ft.for Bonus b. Comer lots with the greatest One per street 7 ft. 30 sq.ft. street frontage less than 400 feet +I ft.for Bonus +10 sq.ft.for Bonus C. Interior lots with min.400 feet of One primary(P) 15 ft.(P) 70 sq.ft.(P) frontage AND Comer lots with and two secondary(S) +0.5 ft.for Bonus +10 ft.for Bonus min.400 feet on one street frontage signs per street 7 ft.(S) 30 sq.ft.(S) 1. Bonus signs(B)shall have an opaque background,internal illumination for items of information only. i Multi-tenant panels are permitted provided the panels are minimum 10 inches in height,with a minimum 6 inch letter height. They shall be restricted to one uniform background color and two colors for the sip copy,with the exception that the Center Identification may have a separate background color. Sign copies shall be limited to the company name or one generic item of information. Major tenant identification shall be encouraged by being placed on the largest panel. 3. Secondary signs(S)are in addition to the Primary(P)sign. Secondary sign copy shall be limited to business identification only. 4. Street addresses shall be included on all freestanding signs with minimum six(6)inch numerals. OTHER LOCATIONAL CRITERIA FOR FREESTANDING COMMERCIAL SIGNS 1. No business shall have more than one freestanding sign facing each frontage. 2. Freestanding signs on the same site shall be located a minimum of 150 feet apart unless approved by a planned sip program. 3. A freestanding sip shall not be permitted in an area between the building and right-of-way when that portion of the building is located at the minimum setback. 4. Signs shall be located in a landscape planter a minimum of 2 feet wider than the sip itself. Square poles or other architectural treatment shall be required,except if the sign is 8 feet or less in height,it shall be of monument type, with a minimum 2 foot base. Placement shall conform with Diagram A. 5. No freestanding sip shall be located along a local street. (Balance of page intentionally Left blank) 30083 5 Resolution No.2011-97 A. COMMERCIAL DISTRICTS (CONTINUED) 3. WALL SIGNS CTYPE ' 1`�ERy - SIG AREA'" �QHER y Al2D;S Individual Business wall One per street or 1.5 sq.ft per linear 1. Channel letter signs required on all sites Identification parking lot ft.of business consisting of 5 or more uses. frontage for each frontage. separate business 2. Signs over 50 sq.ft.shall have an opaque on the ground Business<50,000 background and internal illumination for floor sa.ft.Max.total= items of information only or shall be of 200 sq.ft.* channel letter design. Signs for second floor businesses Business 50.000+ 3. Multi-business consolidated wall signs with exterior L.ft.No Max.* shall be permitted provided the signs do access may be not exceed the allowable sign area. permitted by *No sign shall Planned Sign exceed 200 sq.ft. 4. Placement shall conform to Diagram B. Program or 1.5 sq.ft.per linear ft.of the wall 5. One nameplate may be placed at each upon which it is door,loading dock,or other entrance placed. facing a public street;max.6 sq.ft. Channel letter signs: 6. Signs on projecting canopies/awnings 15%bonus after shall be considered wall signs. above calculation. 7. Raceways shall only be permitted when unable to place electrical components within wall/parapet. under One per business 8 sq.ft. 1. Canopy signs shall be attached canopy perpendicular to the building face, centered above the store entrance or lease length. 2. Minimum 8 ft.ground clearance. 3. Signs shall not be illuminated. 4. CHANGEABLE COPY SIGNS ,Sim IN);T - Ili464-RUW EA Hotel with f/s One per site 30%of See A.I. To be combined with Convention allowable Vs Freestanding permitted sign. Facility area Signs a-d above Live Entertainment Fs One per site 30%of See A_1. To be combined with allowable Vs Freestanding permitted sign. area Si s(a-d)above Tenant Directory f/s One per site 30 sq.ft. 7 ft. Low intensity illumination, oriented toward pedestrians and motorists on site. Min.30 ft.from exterior property lines,and 25 ft.from other freestanding signs. Menu Board f/s or One per drive- 32 sq.ft. 7 ft. May be in addition to wall thru lane permitted s' Electronic Readerboards (See Sections 233.12 and 233.14 for specifications) 30083 6 Resolution No.2011-97 B. ENDUSTRUL DISTRICTS 1. FREESTANDING SIGNS as t.� ,a. ' . I2IA W YJL— IGN A Z BrT^.'. OTH R�,^ Industrial/Mixed One business Under I acre: 7 ft. 1.Sign copy shall be limited to center or Uses identification 32 sq.ft. single business identification only. No sign per site multi-tenant panels shall be permitted. Industrial centers over 1 acre: 2.Freestanding signs shall conform to 50 sq.ft. Diagram A,and shall be located in a landscaped planter a minimum of 2 feet wider than the sign itself. 3.All freestanding signs shall have the street address included on the sign. 4.Signs shall be monument type. 5.Internally illuminated signs shall be desi ed as bonus signs. Mixed Use One per street Under 1 acre: 10 ft. 1_Multi-tenant panels are permitted Businesses with frontage 32 sq.ft. provided the panels are minimum Frontages on Gothard 10 inches in height with minimum 6 inch Street Industrial centers high letters. They shall be restricted to over 1 acre: one uniform background color and two 50 sq.ft. colors for the sign copy,with the exception that the Center Identification may have a separate background color. Sign copies shall be limited to the company name or one generic item of information. 2.Major tenant identification shall be encouraged by being placed on the largest panel. 3.Signs eight(8)feet or less shall be monument type. 4.Internally illuminated signs shall be designed as bonus signs. 2. WALL SIGNS IGN L UT All Industrial/ One per street 1 sq.ft.per linear ft. Below roofline 1.One nameplate may be placed at each Mixed Uses or parking lot of building frontage. door,loading dock,or other entrance frontage for facing a public street;max.6 sq.ft. each separate Channel letter signs business receive a 10%bonus 2.Internally illuminated signs shall be after the above designed as bonus signs. calculation. 3.Raceways shall only be permitted Max.100 sq.ft.per when unable to place electrical business for all wall components within waWparapet. signs. 30083 ] ,. Resolution No.2011-97 C. RESIDENTIAL " IT . ;SIG1V LIGHT f Neighborhood f/s 1 per street I sq.ft.per 6 ft. 1.Signs shall be affixed to perimeter Identification entrance unit,max.50 wall or placed within a sq.ft. landscaped planter. OR 2.Sign copy shall be limited to 18 inches in height,name of development only. wall One on each 0.5 sq.ft.per 3.Freestanding signs shall be set side of each unit,max.25 back 20 feet from any interior street entrance sq.ft. property line. Placement shall conform to Diagram A. Vacancy Signs wall One per street 6 sq.ft. Below roofline 1.Copy limited to"vacancy,"type for Multi- frontage of unit available,and source of family information. Developments D. CHURCHES, AND SCHOOLS, AND COMMERCIAL RECREATIONAL USES WITHIN PUBLIC PARKS ER.. KSIG GHT R S Identification f/s One per site 32 sq.ft. 7 ft. 1.Freestanding signs shall be completely located within a AND landscaped planter. wall One per site 1 sq.ft.per Below roofline 2.Signs shall be monument type. linear ft.of bldg.frontage 3.Freestanding signs shall be set Max.32 sq.ft. back 5 ft.from any interior property line. 4.All freestanding signs shall have the address included on the sign. 5.Raceways shall only be permitted when unable to place electrical components within wall/parapet. Changeable f/s One per site 30%of 7 ft. To be combined with permitted sign. coo allowable f/s area wall • One per site May be in addition to permitted 32 sq.ft. sign. 30083 $ Resolution No.2011-97 E. SERVICE STATIONS r: IGHTj Business Us One per site Alternative A: 7 ft. 1.Service stations with convenience Identification 20 sq.ft.if sign markets shall use Alternative A. contains only identification 2.Freestanding signs shall be located and no in a landscaped planter a minimum changeable of 2 feet wider than the sign itself. copy panels for pricing. 3.Signs shall be monument type. OR 4.All freestanding signs shall have the address included on the sign. Alternative B: 50 sq.ft.if price information is incorporated on sign. Sign shall contain panels for fuel price only. No detached price signs shall be located elsewhere on the site. wall One per street 1 sq.ft-per Below roofline 1.Internal illumination or channel frontage linear foot of letters only. and/or building frontage 2.If canopy fascia signs are used for canopy One per street business ID,no wall signs shall be frontage permitted on bldg. 10 sq.ft. 3.Max.letter height for fascia signs shall be 75%of fascia width. 4.If canopy fascia signs are not provided,a logo may be permitted on each side of canopy column connector(spandrel)in addition to wall si s. - Fuel Price and f/s One per street 12 sq.ft. 6 ft. 1.Price signs shall advertise fuel Credit frontage in prices only and no other product Information conjunction available. with Alternative A 2.Freestanding signs shall be sign completely located within a landscaped planter. Price signs shall be located a minimum 15 ft.from other freestanding signs. 30083 9 Resolution No.2011-97 E. SERVICE STATIONS (CONTINUED) bNKI ' C Pump attached One per 2 sq.fL 10 ft. 1.No other signs shall be permitted Instructions or to pump canopy column on the canopy or column except Identification island as specified. column 2.Point of purchase signs shall be prohibited. 3.State or Federal government required signs encompassed within a fuel pump shall not be regulated by this ordinance. F. PERMITTED IN ALL DISTRICTS f,.. a�vlvr Building wall One per 3 sq.ft.per Shall be placed 1.Such sign shall be in addition to Identification for building foot of bldg. within top 25 ft that which is permitted elsewhere Buildings Over frontage height of bldg. in this article. 100 Ft,in Height 2.Raceways shall only be permitted when unable to place electrical components within wall/parapet. F. PERMITTED IN ALL DISTRICTS 233.08 Exempt Signs The following signs are exempt from the sign permit requirements of Section 233.04 These signs shall not be restricted by content and no fee,permit or application is required: A. Corner stones(including names of buildings and dates of erection), and citations that are made an integral part of the structure. B. Signs not exceeding 0.5 square feet each posted by commercial establishments. C. Flags posted by any governmental agency . D. Signs posted by neighborhood safety organizations. 30083 10 Resolution No.2011-97 E. Notices posted by a utility or other quasi-public agent in the performance of a public duty. F. Signs or notices posted by any court,public body or officer. G. Signs posted by property owners on private property, as required by law(including no trespass and legal notices). H. One sign,not over six(6)square feet in area, may be posted at each door,loading dock, or other entrance facing a public street. I. One double-faced sign per each commercial parking entrance,not exceeding two (2) square feet in area and four(4) feet in height. J. Signs erected by a public agency. K. Signs manufactured as a standard, integral part of a mass-produced product accessory or display structure including telephone booths,vending machines, automated teller machines, and gasoline pumps. L. Signs within a building not visible from a public street and window signs not exceeding 20 percent of the visible area of a window(50%during December).No window sign shall be displayed above the second story. M. Signs required by the Americans with Disabilities Act(ADA). N. Two (2) signs (including, but not limited to, street numerals and"no solicitation" notices),not exceeding two (2) square feet each,placed on any part of a building facing a public street. O. Temporary signs. In any residential zone, the owner of a lot shall be allowed to post temporary signage on the lot itself, but not off-site in street medians, dividers, and other public rights-of-way. This signage shall not be restricted by content,but is usually and customarily used to advertise real estate sales,political or ideological positions, garage sales, and home construction or remodeling, etc. Signage shall be allowed for each lot as follows: �zte Cnt iaypea mien Mazmt Maxinurn atlier " IN � %gn Ar Sign kS ta�darcl Election Sims or F/S One per N/A N/A 1. Cannot create traffic or safety Political Sims or site hazards. Wall 2. May be erected no more than seventy five(75)days prior to an election and must be removed within fifteen(15) days after an election. 30083 11 Resolution No.2011-97 Site Crrten � Type Maximum =�Jtrn 1Vjaxuier� � k " :�' z plumbertgn urea x 1 3 dardsE = Real Estate Residential F/S One per 8 sq. ft. 6 ft. 1. Cannot create traffic or safety hazards. or site Wall 2. May be erected no earlier than the date the property is placed on the market for sale,lease or rental,and is removed immediately after the sale,lease,or rental of the property which is defined as the close of escrow or execution of lease or rental agreement. 3. No sign may be attached to the perimeter wails of residential communities. Real Estate F/S 1 per site 20 sq.ft. 10 ft. 1.Cannot create traffic or safety hazards. or Commercial Wall 12 ft. 2 May be erected no earlier than the Office Dist. date the property is placed on the market for sale,lease or rental,and is removed immediately after the sale,lease,or rental of the property which is defined as the close of escrow or execution of lease or rental agreement. 1.Cannot create traffic or safety Real Estate F/S 1 per site 30 sq.ft. 12 ft. hazards. or Commercial Wall 2. May be erected no earlier than the Industrial date the property is placed on the market for sale,lease or rental,and is removed immediately after the sale,lease,or rental of the property which is defined as the close of escrow or execution of lease or rental agreement. Real Estate F/S 1 per site 20 sq.ft. 10 ft. 1.Cannot create traffic or safety or hazards. All other Wall Districts 2. May be erected no earlier than the date the property is placed on the market for sale,lease or rental,and is removed immediately after the sale, lease,or rental of the property which is defined as the close of escrow or execution of lease or rental a Bement. 30083 12 Resolution No.2011-97 v%;'gAqT 1. ..... ........ � T axim . --Neff. 3.Signs shall not be attached to the perimeter walls of residential communities. Construction F/S I per site 32 sq.ft. None 1. Is erected no earlier than the date a Sims or building permit is issued for the Wall property,and is removed prior to issuance of a certificate of occupancy or final inspection,whichever comes first. Open House F/S I per site 6 sq.ft. 4 ft. 1. Sign must be displayed adjacent to Simon_ the entrance of a property or in the case Wall of a residential subdivision at the immediate points of access to the property from an arterial,and is removed by sunset on any day it is erected. 2. Placement shall not be in street medians,dividers,on street signs,traffic control devices and shall not obstruct the public right-of-way. Open House Flags 3 per site 2.5 sq.ft. 6 ft. 1. Must be displayed at the immediate Sign points of access to a property or,in the case of a residential subdivision,from the immediate point of access from an "arterial. Pennants 30 sq.ft. 1. Must be placed on light standards located on private property. 2. Must have an eight(8)foot clearance from the ground. 3. Must be removed within five(5) business days of the completion of the City-sponsored event or theme. 30083 13 Resolution No.2011-97 233.10 Prohibited Signs A. Canvas signs,banners,pennants, streamers,balloons or other temporary signs except as provided in Sections 233.08 (Exempt Signs), 233.16(Subdivision Directional Signs) or 233.18 (Promotional Activity Signs). B. Mobile,A-frame,and portable signs and those of a similar nature which are not permanently attached to the ground or building except as provided in Sections 233.18 or 233.20. C. Roof signs except those permitted under Section 233.18(4). D. Signs which resemble any official marker erected by the city, state,or any governmental agency,or which,by reason of position,shape, color or illumination would conflict with the proper functioning of any traffic sign or signal or would be a hazard to vehicular or pedestrian traffic. E. Signs which produce odor, sound, smoke,fire or other such emissions. F. Flashing,moving,pulsating,or intermittently lighted signs,mechanical movement signs, including searchlights,except electronic readerboards and public service signs such as those for time and temperature. G. Animals or human beings, live or simulated,utilized as signs. H. Projecting signs, except canopy or awning signs and under-canopy signs, subject to subsections 233.06(A) and 233.06(E). I. Signs which constitute a nuisance or hazard due to their intensity of light. I Signs visible from and within 100 feet of an R district which are illuminated between the hours of 10:00 PM and 7:00 AM unless they identify an establishment open for business during those hours. K. Off-premises signs,including billboards or advertising structures installed for the purpose of advertising a project, subject or business unrelated to the premises upon which the sign is located,except as permitted pursuant to Sections 233.14 (Readerboard Signs-Multiple Users) and 233.16 (Subdivision Directional Signs). L. Abandoned signs and signs which no longer identify a bona fide business conducted on the premises. Such signs shall be removed by the property owner within 60 days of the business'closing date. The sign panel may be turned over (blank side out)if the sign complies with code. M. Signs located on public property,including signs affixed to utility poles,trees or projecting onto the public right-of-way, except political signs and those required by law. This section shall not prohibit the placement of advertising panels on public service items including, but not limited to,trash receptacles,bicycle racks,bus benches,transit shelters, and telephone booths,within public rights-of-way or in publicly-operated beaches or parks provided such items are placed in accord with an agreement granted by the City Council. 30083 14 Resolution No.2011-97 N. Vehicle signs, signs affixed to automobiles,trucks,trailers or other vehicles on public or private property for the purpose of advertising, identifying or providing direction to a use or activity not related to the lawful use of the vehicle for delivering merchandise or rendering service. Any such vehicle signs which have as their primary purpose to serve as a non-moving or moving display are prohibited. 233.12 Electronic Readerboards Electronic readerboards are permitted subject to the review by the Design Review Board, and approval of a conditional use permit by the Zoning Administrator. A. Required Findings: Prior to approving a conditional use permit to allow an electronic readerboard sign,the Zoning Administrator shall make the following findings: 1. The proposed electronic readerboard sign conforms with the standards and criteria as set forth in this chapter; 2. The proposed electronic readerboard sign is compatible with other signs on the site and in the vicinity; 3. The proposed electronic readerboard sign will not adversely impact traffic circulation in adjacent rights-of-way or create a hazard to vehicular or pedestrian traffic; and 4. The proposed electronic readerboard sign shall not have adverse visual impacts on adjoining commercial and/or residential neighborhoods. B. Readerboard Sign Criteria: l. Electronic readerboards may be freestanding or wall type signs. 2. The maximum number of electronic readerboards shall be one per site. 3. The maximum sign area shall be 115 square feet;90 square feet for message center; and 25 feet for other information. 4. The maximum height of a freestanding electronic readerboard sign shall be 25 feet. 5. The electronic readerboard shall have cylinders,a shade screen and a photocell for reducing the intensity of lighting at night. 6. The maximum measurable light output of the electronic readerboard shall not exceed 50 foot-candles at any property line. C. Location Requirements: 1. Electronic readerboards shall only be allowed on parcels abutting a freeway and on parcels abutting Beach Boulevard,excluding the portion along Beach Boulevard designated as a landscape corridor south of Adams to Pacific Coast Highway. 30083 15 Resolution No.2011-97 2. Minimum lot frontage: 200 feet. 3. Minimum distance between electronic readerboards: 150 feet. 4. Minimum distance to any residence: 150 feet. D. Other Standards: 1. Where a site has an electronic readerboard,temporary banners,balloons,flags, etc. shall be permitted a maximum of 15 days per calendar year. 2. Hours of operation: 6:30 AM to 10:30 PM. At least 10 percent of the message time,or any percentage deemed necessary by the City for emergency conditions, shall be used for public service announcements. 3. Messages in an electronic readerboard shall be no faster than one message every four seconds, and the minimum interval between messages shall be at least one second. Continuous motion of messages is not permitted. 4. Light intensity changes(other than between day and night uses)are not permitted. 5. In addition to the electronic readerboard sign, one monument sign,maximum of seven(7)feet in height and a maximum fifty(50) square feet in sign area, may be permitted and all other signage shall be brought into conformance with this chapter. 233.14 Readerboard Signs -Multiple Users Off-site electronic readerboard signs may be permitted subject to the review by the Design Review Board and approval of a conditional use permit by the Zoning Administrator. Approval of electronic readerboard signs shall be subject to the following: A. Required Findings: Prior to approving a conditional use permit to allow a multiple user electronic readerboard sign,the Zoning Administrator shall make the following findings: 1. The proposed electronic readerboard sign conforms with the standards and criteria as set forth in the Huntington Beach Zoning and Subdivision Ordinance; 2. The proposed electronic readerboard sign will not adversely impact traffic circulation in adjacent right-of-way or create a hazard to vehicle or pedestrian traffic. B. Multiple User Readerboard Sign Criteria: 1. Multiple user electronic readerboard signs may be located at a site which is not the location of any of the parties using the sign for advertising. 2. Multiple user electronic readerboard shall be freestanding. 3. The maximum sign area shall be twelve hundred(1200) square feet. 30083 16 Resolution No.2011-97 4. The maximum height of a multiple user readerboard sign shall be eighty-five (85)feet. 5. The multiple user readerboard shall have cylinders or directional incandescent lamps and have a shade screen or louver system,a shade screen and a photocell for reducing the intensity of lighting at night. C. Lighting Standards: (3334-6/97) 1. The maximum night time light intensity and illuminance shall conform to the following: MAXIMUM NIGHT TIME INTENSITY Height from Ground in feet 5 10 20 30 50 70 85 Maximum Intensity x 1000 lumens 125 130 145 170 250 370 490 MAXIMUM NIGHT TIME ILLUMINANCE Land Use at Receptor Site Residential Commercial Other Maximum Illuminance foot-candles 0.3 2.0 1.0 The maximum night time illuminance shall be measured at the receptor site, at ground level,by a direct reading,portable light meter. Measurements shall not be made within one hour after sunset or before sunrise. 2. Illuminance shall be determined by the difference between a reading taken with the sign on and another reading taken within three(3)minutes with the sign off. 3. An illuminance chart shall be prepared by a licensed engineer and submitted to the Director for approval prior to installation. Conformance with this ordinance shall be verified by actual measurements made, as specified herein, after installation. The method of measurement and results shall be subject to approval of the Director. D. Location Requirements: 1. A multiple user readerboard shall be located no farther than two hundred (200)feet from a freeway. 2. The minimum distance between multiple user readerboards shall be one thousand(1,000)feet. 30083 17 Resolution No.2011-97 3. The sign shall be a minimum distance of 600 feet from residential properties. E. Other Standards: 1. No off-site electronic readerboard will be permitted except for multiple users. 2. At least twenty percent(20%)of the message time,or any percentage deemed necessary by the City for emergency conditions shall be used for public service announcements. 3. Messages in a multiple user sign shall be no faster than one message every four(4) seconds and the minimum interval between messages shall be at least one second. 4. Light intensity changes(other than between day and night uses) are not permitted. 233.16 Subdivision Directional Signs Subdivision directional signs shall contain only the name of a development,the developer,price information, and directional information for land development projects located within the City. Sign permits for off-site subdivision directional signs for land development projects shall be limited to no more than six off-site signs, and approval for such signs shall be subject to the following standards: A. Location requirements: l. Signs shall not be located within any street medians, divides or other public rights-of-way or on any property developed with residential uses other than that of the subdivision identified. 2. Signs located on the same side of the street shall be a minimum of 600 feet from any other subdivision directional sign except a sign may be pernutted on each corner of the intersection of arterial highways. 3. Maximum area and height: a. 64 square feet in area and 15 feet high provided there is a minimum 50 foot distance from any adjacent developed property. b. 32 square feet in area and 8 feet high provided there is a minimum 25 foot distance from any adjacent developed property. B. Permit expiration: Sign Permits issued for subdivision directional signs shall expire either one year from the date of issuance or on the date 90 percent of the project's units have all been sold,leased, or rented for the first time,whichever is sooner. Annual renewals may be granted for such time as units still exist for sale; however,no more than one directional sign is allowed after 90 percent of the units are sold,leased or rented. C. Street widening: When a sign conflicts with street widening or construction, it shall be removed upon written notice at no cost to any public agency. 30083 18 Resolution No.2011-97 D. Required bond: Prior to the issuance of a building permit,the applicant shall file a cash bond in an amount set by resolution of the City Council. The full bond amount shall be refunded if the sign structure is removed and the site restored to its original condition within 15 days after the expiration of the permit. If the sign structure is not removed,the City shall remove the sign and its supporting structure with the cost deducted from the cash bond, and any remainder refunded. 233.18 Promotional Activity Signs A. Promotional activity signs may be placed on a site subject to the issuance of a temporary sign permit by the Director, and provided that such signs comply with all of the standards set forth in this Section,and provided such signs do not create safety hazards or block signs identifying adjoining establishments. B. A temporary sign permit for a promotional activity sign,banners,pennant or pennants,unless otherwise specified, shall be valid for a maximum of ninety(90) days in any calendar year and shall not be renewable. C. Promotional activity banners shall not exceed one square foot of banner area for each linear foot of building frontage and in no case shall the total banner area exceed 100 square feet. Pennants shall be limited to a maximum of one square foot for each pennant. D. A promotional activity banner,as permitted above,shall not be affected by the issuance of a grand opening promotional activity sign permit during the same calendar year. The size of a grand opening promotional activity banner shall not exceed the size specified in Section 233.18 C. E. Promotional activity signs,banners and pennants shall be maintained and not be in a condition of disrepair. Disrepair shall include torn,faded or sagging signs. F. The Director may approve a temporary sign permit for a promotional sign,to be displayed on a site with electronic readerboards up to a maximum of fifteen(15) days per calendar year. G. Vehicle sales businesses and automobile dealerships located on Beach Boulevard may,without first obtaining a temporary use permit from the Director,display promotional activity signs, banners,pennants, and car-top signs that comply with the following standards: 1. Eighteen inch(18")non-metallic helium balloons and large non-metallic inflatables may be displayed on the weekends(Friday 9:00 AM through Sunday 12:00 Midnight),provided they do not project over the public right- of-way. 2. Automobile dealerships on Beach Boulevard shall be permitted to display flags,pennants,banners and car-top signs throughout the year. H. Vehicle sales businesses and automobile dealerships located on Beach Boulevard shall obtain a temporary sign permit for the use of large displays and inflatables larger than eighteen inches(18")in diameter. The displays and inflatables shall be affixed directly to the ground or roof of a building. The displays and inflatables shall be limited to a maximum of twelve(12)weekends per calendar year. 30083 19 Resolution No.2011-97 233.20 Planned Sign Program A Planned Sign Program shall be submitted to the Director when required by Section 233.04 B. Such program shall be reviewed and approved by the Director prior to issuance of any building permit. The purpose of the Planned Sign Program is to encourage coordinated and quality sign design as well as to permit more flexible sign standards for commercial and industrial centers. The standards of Section 233.06 shall be used as a guide in the design of a Planned Sign Program. The property owner shall designate a person or firm as the primary liaison with the City for the purpose of submitting sign permit requests in conformance with the approved Planned Sign Program. A. Planned sign program applications shall be submitted to the Planning Division and shall include the following: 1. A site plan, drawn to scale, depicting the precise locations of all buildings and signs; 2. Drawings and/or sketches indicating the exterior surface details of all buildings on the site on which wall signs, directory signs,or projecting signs are proposed; 3. Written text describing the specific sign criteria for the property. The program shall, at minimum, include provisions regulating sign height,area, sign type,colors, design and location. 4. A statement of the reasons for any requested modifications to the provisions or standards of this chapter; and 5. The name,address,and telephone number of the person or firm responsible for administering the Planned Sign Program. B. A Planned Sign Program may include more than one freestanding sign per parcel or other deviations from the standards of this chapter,provided that the total sign area does not exceed the area otherwise permitted by Section 233.06 by more than 10 percent,or by 300,46 for multiple automobile franchises occupying the same lot, and commercial businesses with 50,000 square feet or more of floor area. In approving a Planned Sign Program,the Director shall find: l. That the proposed signs are compatible with the style or character of existing improvements on the site and are well related to each other,reflecting a common theme and design style. C. The Director may require any reasonable conditions necessary to carry out the intent of the Planned Sign Program. For developments with existing signs, a schedule or phasing plan for bringing such signs into conformance with the Planned Sign Program shall be submitted and become part of the approval of the Planned Sign Program. A cash bond may be required to guarantee their modification or removal. 30083 20 Resolution No.2011-97 233.22 Miscellaneous Signs and Provisions A. Signs within the Downtown Specific Plan or located in any other specific plan areas shall comply with any additional requirements outlined within the plan itself and any applicable design guidelines. B. Non-commercial murals,non-commercial large graphic designs, and statuary shall be subject to review by the Director for the sole purpose of ensuring that such displays will not pose a hazard to public health, safety or welfare. C. No window or contiguous window panes shall be covered by paper or painting signs that exceed 20 percent of the total area of that window,however;windows may be covered up to 50%during the month of December. 233.24 Nonconforming Signs A. Continuation of Use. A nonconforming sign may be maintained on site after the effective date of the ordinance codified in this title,provided that the nonconforming sign is not: 1. Changed to another nonconforming sign; or 2. Structurally altered so as to extend its useful life;or 3. Expanded or altered as defined in Section 233.28, except that a change of sign panel/face may be permitted provided the items of information on the sign(i.e.,business name)remain the same;or 4. Reestablished after discontinuance for ninety(90) days or more; or 5. Reestablished after damage or destruction of more than fifty percent(50%)of the sign value at the time of such damage or destruction. B. Signs replaced or requested to be modified at the owner's initiative shall comply with all current provisions of this chapter unless the Director approves a Sign Code Exception a,Limited Sign Permit or Planned Sign Program. 233.26 Code Compliance Signs shall be subject to the provisions of this chapter,the Uniform Building Code and National Electric Code, as adopted by the City. Any sign by design, location or configuration that violates this Chapter or creates a pedestrian or vehicle hazard is deemed to be a public nuisance and subject to enforcement under this Code and/or the Huntington Beach Municipal Code. Penalty. No person, firm, corporation or other legal entity shall maintain,place, erect,or permit any sign to be displayed in violation of this chapter. Violations are a misdemeanor and are punishable as provided in Chapter 249 Enforcement of the Huntington Beach Zoning and Subdivision Ordinance. 30083 21 Resolution No.2011-97 233.28 Definitions The following definitions shall apply to the provisions in this Chapter. General definitions are contained in Chapter 203. A. Abandoned Sign: a sign which no longer directs,advertises or identifies a legal business establishment,product or activity on the premises where such sign is displayed. B. Alteration: any change of copy,sign face, color, size, shape,illumination,position, location,construction, or supporting structure of any sign. C. Animated Sign: any sign which is designed to give a message through a sequence of progressive changes of parts or lights or degree of lighting. D. Area of Sign-: 1. The area included within the outer dimensions of a sign(excluding structural supports). 2. For freestanding signs, sign area shall be calculated on one(1)face of the sign,provided a sign face on a double-sided sign is not separated from the opposite side of the sign by more than 12 inches at any point. 3. For illuminated awning or canopy signs, sign area shall be calculated around the sign copy only. 4. For signs without a border or frame(channel or skeleton letters),the area shall be within a rectangle or eight(8) continuous straight lines(with right angles)formed around the extreme outer limits of the sign message, including all figures and any background or color which is an integral part of the sign. SIGN AREA SIGN AREA E. Awning: a shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework. F. Awning Sign: a sign painted on,printed on,or attached flat against the surface of an awning. G. Banner Sign: a temporary sign composed of fabric or flexible material with no enclosing frame. H. Bonus Sign: an internally illuminated freestanding sign designed with opaque sign faces/panels,and illumination for items of information only. 30093 22 Resolution No.2011-97 I. Business Identification Sign: a sign which serves to identify only the name and address of the premises, business,building or portion of building upon which it is located and includes no other advertising such as product lists,phone numbers and hours of operation. Logos may also be permitted. J. Building Frontage:the linear extent of a building or business which has frontage on either a street or parking area. Only one side of the building facing the street or parking area shall be used to determine the maximum sign area. K. Canopy: a permanent roof-like structure which extends along and projects beyond the wall of a building,or is freestanding as common in service stations,and is generally designed and constructed to provide protection from the weather. L. Changeable Copy Sign: a sign or portion thereof with characters, letters or illustrations that can be changed manually or electrically without altering the face or surface of the sign. M. Channel letters: individual letters or figures,illuminated or non-illuminated, affixed to a building or freestanding sign structure. N. Construction Sign: a temporary sign identifying the persons,firms or businesses directly connected with a construction or development project and may include the name of the future site occupant. O. Directional Sign: an on-premise incidental sign designed to guide or direct pedestrian or vehicular traffic. P. Electronic Readerboard: a changeable message sign consisting of a matrix of lamps which are computer controlled. Q. Exposed Neon: neon tubing used for lighting in signs and other building identification such as raceways and accent lighting. R. Exposed Raceway: visible tube or box behind a wall sign used to house electrical wiring for the wall sign. S. Flashing Sign: an illuminated sign which contains an intermittent or sequential flashing light source or any other such means to attract attention. This definition is not intended to include "changeable copy signs" or "animated signs." T. Freestanding Sian: a sign permanently attached to the ground and which does not have a building as its primary structural support. This includes ground signs,pole signs and monument signs. U. Grand Opening: a promotional activity not exceeding ninety(90)calendar days used by newly established businesses to inform the public of their location and services. V. Ground Sian: see Freestanding Sign. W. Illegal Sign: a sign which was erected without obtaining a permit as required by this Chapter,that does not meet the requirements of this ordinance, or has not received legal nonconforming status. 30083 23 Resolution No.2011-97 X. Incidental Sign: a small sign pertaining to goods, products,services or facilities which are available on the premises where the sign occurs and intended primarily for the convenience of the public. Y. Indirect Illumination: a light cast on the surface of a sign from an exterior source. Z. Industrial Center: any site containing three (3)or more industrial activities. AA. Integrated Development: a development or site comprised of one or more parcels served by common access ways, driveways,parking and landscaping. BB. Interior illumination: any sign face which is artificially lit from the inside. CC. Item of information: each word, design, symbol, or figure. DD. Limited Sigma Permit: A permit approved by the Director that permits a temporary sign used to advertise a short-term special activity or sale,i.e., grand opening, under new ownership,fall sale,etc. and maintenance or modification to the face or copy of a nonconforming sign to extend a use of the sign for a time period deemed appropriate by the Director,but not to exceed a two(2)years. EE. Logo: a trademark or company name symbol. FF. Mar uee: see Canopy. GG. Mansard: a sloped roof or roof-like facade. HE Monument Sign: a free standing sign with a solid base. II. Moving Sign: any sign or device which has any visible moving part,visible revolving part, or visible mechanical movement. JJ. Name Plate Sign: an attached sign which designates the names and/or address of a business,and/or the words "entrance" or"exit." KK. Nonconforming Sign: a sign which was erected legally but does not comply with provisions of the current sign ordinance. LL. Off-Site Sign: any sign which advertises goods,products, services or facilities not sold,produced,manufactured or furnished on the premises on which the sign is located. These signs are also known as outdoor advertising, billboards, and poster panels. MM. On-Site Sign: a sign which pertains to the use(s) of the site on which it is located. NN. Open House Sign: a sign which identifies a building for sale or lease which is open and available for inspection. 00. Planned Sign Program:A required component for certain sign permits that incorporates coordinated and quality sign design elements and is reviewed and approved by the Director. 30093 24 Resolution No.2011-97 PP. Point of Purchase Display: advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser. QQ. Pole Sign: see Freestanding Sign. RR. Political Sign: a sign identifying either a candidate for public office or an issue relating to a forthcoming election. SS. Portable Sian: any sign not permanently attached to the ground or a building. TT. Projecting Sign: a sign which is attached to and projects from the wall of the building more than 18 inches and which has its display surface perpendicular to such wall,to the structure to which it is attached. UU. Promotional Activity Sign: a temporary sign used to advertise a short term special activity or sale, i.e.,grand opening, under new ownership, fall sale, etc. W. Public Access Signaae: signage that directs the general public to the coast or sea and/or public amenities available for general public use. WW. Public Service Information Sian: any sign intended primarily to promote items of general interest to the community such as time,temperature,date, atmospheric conditions,news or traffic control, etc. XX. Real Estate Sian: any temporary sign indicating that the premises on which the sign is located is for sale,lease or rent. YY. Roof Sian: an attached sign constructed upon or over a roof, or placed so as to extend above the visible roofline; or a freestanding sign which is greater in height than the building it serves to identify. ZZ. Rotating Sign: any sign or portion thereof which physically revolves about an axis. AAA. Sian: any medium for visual communication,including its structure and component parts,which is used or intended to be used to attract attention. BBB. Sign Height: measurement from the adjacent sidewalk or curb to the highest portion of the sign,including architectural elements. CCC. Sign Code Exception: a deviation to some of the specifications set forth in this chapter that is approved by the Director. DDD. Sign Copy: any words, letters,numbers, figures,designs or other symbolic representation incorporated into a sign for the purpose of attracting attention. EEE. Site: one or more parcels of land identified by the assessor's records where an integrated building development has been approved or proposed. The site shall include all parcels of land contained within or a part of the development application. FFF. Site Frontage:the length of a lot or parcel of land along or fronting a street. 30083 25 Resolution No.2011-97 GGG. Special Events Sign: a temporary sign advertising or pertaining to any civic, patriotic, or special event of a general public interest taking place within the city. HHH. Subdivision Directional Sign: a sign providing direction to a land development project pursuant to this chapter. III. Supergraphic: a painted design which covers an area greater than ten percent of a wall,building facade,or other structure. JJJ. Temporary Sign: a sign which is installed for a limited time and is not constructed or intended for long-term use. KKK. Temporary Window Sign: a sign painted or constructed of paper or other lightweight material and affixed to the interior or exterior side of a window or glass area on a building for a limited time. LLL. Wall Sign: any sign which is attached or erected on the exterior,posted,or painted or suspended from or otherwise affixed to a wall of a building including the parapet,with the display surface of the sign parallel to the building wall, and which does not project more than eighteen(18)inches from the building, or project above the height of the wall or parapet. MMM. Window Sign: a sign in which the name, address,phone number, or hours of operation are applied directly to the window of a business, or a sign visible through the window from the street. To remain clear X 10, 25' @.....®®. .ee®.°...ee s seoeeeeeoees oeeeeeeeesee eeeeoseoeeses eeooeaeeeeeoe I �eeeeoeeeeaee• eeeoeee eeoe eeeeeeeeo aeeeeeeeeeeee• 10 eeeaseeo ��eosooeeeeoeee• so awesome �°�•�°�e�e�e�e�°�°�e�°oea a°�°e ee�iese®ese�eoeeeoeo iereo®goo°e 25' ® \ Min. Driveway L. I 10' o` \ wide a► landscape area t a. Sign Type Setback Pole 40' x 30083 DIAGRAM A Monument Subject to Director review 0MV9DRAM33-DIAA BMP Resolution No.2011-97 a I x I i i I I I I I I i y b TIM I I I i I y a 70% Le sehold-Max.Width DIAGRAM B b 75% Fascia-Max. Height x Equal Dimensions y Equal Dimensions GADMORAVAM43105 RAMP SECTION 5. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of March ,200 9 p9zo�w, ayor ATTEST: ROVED AS TO FORM: S�P Y ity Clerk ' 0 ity Attorney VM111U.01 1 REVIE APPROVED: INITIA AANAPPROVED: dministrator irecanning 30083 27 Resolution No.2011-97 Ord. No. 3826 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) Ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on February 2,2009 and was again read to said City Council at a regular meeting thereof held on March 2,2009,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Green, Bohr,Coerper, Hardy, Hansen NOES: Dwyer ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on March 12,2009 In accordance with the City Charter of said City Joan L. Flynn,Ci1y Clerk Ci Clerk and ex-officio (Clerk •Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No.2011-97 Resolution No.2011-97 Resolution No.2011-97 ORDINANCE NO. 3842 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO USE CLASSIFICATIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 204.10 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 204.10 Commercial Use Classifications A. Ambulance Services. Provision of emergency medical care or transportation,including incidental storage and maintenance of vehicles as regulated by Chapter 5.20. B. Animal Sales and Services. 1. Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care, and kennels. 2. Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding for a maximum period of 48 hours. 3. Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed,and air-conditioned. Grooming and temporary(maximum 30 days)boarding of animals are included, if incidental to the hospital use. 4. Animals: Retail Sales. Retail sales and boarding of small animals,provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use,and boarding of animals not offered.for sale for a maximum period of 48 hours. 5. Equestrian Centers. Establishments offering facilities for instruction in horseback riding,including rings, stables, and exercise areas. 6. Pet Cemetery. Land used or intended to be used for the burial of animals, ashes or remains of dead animals,including placement or erection of markers,headstones or monuments over such places of burial. 09-2153/35954 1 Resolution No.2011-97 Ordinance No.3842 C. Artists' Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts,or skilled in an applied art or craft. D. Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. It also includes businesses offering check-cashing facilities. 1. With Drive-up Service. Institutions providing services accessible to persons who remain in their automobiles. E. Building,Materials and Services. Retailing,wholesaling, or rental of building supplies or equipment. This classification includes lumber yards,tool and equipment sales or rental establishments,and building contractors'yards,but excludes establishments devoted exclusively to retail sales of paint and hardware,and activities classified under Vehicle/Equipment Sales and Services. F. Catering Services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. (See also Eating and Drinking Establishments.) G. Commercial Filming. Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year. (See also Chapter 5.54,Commercial Photography) H. Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, amusement parks,bowling alleys,billiard parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated by Chapter 5.28; ice/roller skating rinks, golf courses,miniature golf courses, scale-model courses, shooting galleries,tennis/racquetball courts,health/fitness clubs, pinball arcades or electronic games centers, cyber cafe having more than 4 coin-operated game machines as regulated by Chapter 9.28; card rooms as regulated by Chapter 9.24; and fortune telling as regulated by Chapter 5.72. 1. Limited. Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet. I. Communications Facilities. Broadcasting,recording,and other communication services accomplished through electronic or telephonic mechanisms, but excluding Utilities(Major). This classification includes radio,television, or recording studios; telephone switching centers;telegraph offices; and wireless communication facilities. J. Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises. 09-2153/35954 2 Resolution No.2011-97 Ordinance No.3842 1. With Fast-Food or Take-Out Service. Establishments where patrons order and pay for their food at a counter or window before it is consumed and may either pick up or be served such food at a table or take it off-site for consumption. a. Drive-through. Service from a building to persons in vehicles through an outdoor service window. b. Limited. Establishments that do not serve persons in vehicles or at a table. 2. With Live Entertainment/Dancing. An eating or drinking establishment where dancing and/or live entertainment is allowed. This classification includes nightclubs subject to the requirements of Chapter 5.44 of the Municipal Code. K. Food and Beverage Sales. Retail sales of food and beverages for off- site preparation and consumption. Typical uses include groceries,' liquor stores, or delicatessens. Establishments at which 20 percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering, Services or Eating and Drinkintz Establishments. 1. With Alcoholic Beverage Sales. Establishments where more than 10 percent of the floor area is devoted to sales,display and storage of alcoholic beverages. L. Food Processing. Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution. M. Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care,preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums,mausoleums or mortuaries. N. Horticulture. The raising of fruits,vegetables,flowers,trees, and shrubs as a commercial enterprise. O. Laboratories. Establishments providing medical or dental laboratory services;or establishments with less than 2,000 square feet providing photographic,analytical, or testing services. Other laboratories are classified as Limited Industry. P. Maintenance and Repair Services. Establishments providing appliance repair,office machine repair, or building maintenance services. This classification excludes maintenance and repair of vehicles or boats; see (Vehicle/Equipment Repair). Q. Marine Sales and Services. Establishments.providing supplies and equipment for shipping or related services or pleasure boating. Typical uses include chandleries,yacht brokerage and sales,boat yards, boat docks, and sail-making lofts. 09-2153/35954 3 Resolution No.2011-97 Ordinance No.3842 R. Reserved. S. Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure,and fertilizer of any type is stored and sold in package form only. T. Offices Business and Professional. Offices of firms or organizations providing professional, executive,management, or administrative services, such as architectural,engineering, graphic design, interior design, real estate, insurance,investment, legal,veterinary, and medical/dental offices. This classification includes medical/dental laboratories incidental to an office use,but excludes banks and savings and loan associations. U. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the Municipal Code. V. Personal Enrichment Services. Provision of instructional services or facilities, including photography,fine arts,crafts, dance or music studios, driving schools,business and trade schools, and diet centers, reducing salons,fitness studios, and yoga or martial arts studios W. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, shoe repair shops, dry-cleaning businesses(excluding large-scale bulk cleaning plants),photo- copying, self-service laundries,and massage as regulated by Chapter 5.24. X. Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories,but excludes manufacturing, except of prototypes, or medical testing and analysis. Y. Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drug stores,clothing stores, and furniture stores, and businesses retailing the following goods: toys,hobby materials, handcrafted items,jewelry, cameras,photographic supplies,medical supplies and equipment, electronic equipment,records,sporting goods, surfing boards and equipment,kitchen utensils, hardware, appliances, antiques, art supplies and services,paint and wallpaper, carpeting and floor covering, office supplies,bicycles, and new automotive parts and accessories (excluding service and installation). Z. Secondhand Appliances and Clothing Sales. The retail sale of used appliances and clothing by secondhand dealers who are subject to Chapter 5.36. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances,but includes junk shops. 09-2153/35954 4 Resolution No.2011-97 Ordinance No.3842 AA Sex Oriented Businesses. Establishments as regulated by Chapter 5.70; and figure model studios as regulated by Chapter 5.60. BB. Swap Meets, Indoor/Flea Markets. An occasional,periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. CC. Swap Meets, Recurring. Retail sale or exchange of handcrafted or secondhand merchandise for a maximum period of 32 consecutive hours, conducted by a sponsor on a more than twice yearly basis. DD. Tattoo Establishment. Premises used for the business of marking or coloring the skin with tattoos as regulated by Chapter 8.70. EE. Travel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies. FF. Vehicle/Equipment Sales and Services. 1. Automobile Rentals. Rental of automobiles,including storage and incidental maintenance,but excluding maintenance requiring pneumatic lifts. 2. Automobile Washing. Washing,waxing, or cleaning of automobiles or similar light vehicles. 3. Commercial Parkin F� acility. Lots offering short-term or long-term parking to the public for a fee. 4. Service Stations. Establishments engaged in the retail sale of gas, diesel fuel,lubricants,parts, and accessories. This classification includes incidental maintenance and minor repair of motor vehicles,but excluding body and fender work or major repair of automobiles, motorcycles, light and heavy trucks or other vehicles. 5. Vehicle/Equipment Repair. Repair of automobiles,trucks, motorcycles,mobile homes,recreational vehicles, or boats, including the sale, installation,and servicing of related equipment and parts. This classification includes auto repair shops,body and fender shops, transmission shops,wheel and brake shops,and tire sales and installation,but excludes vehicle dismantling or salvage and tire retreading or recapping. a. Limited. Light repair and sale of goods and services for vehicles,including brakes,muffler,tire shops, oil and lube,and accessory uses,but excluding body and fender shops, upholstery, painting,and rebuilding or reconditioning of vehicles. 6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles,trucks,tractors, construction or 09-2153/35954 5 Resolution No.2011-97 Ordinance No.3842 agricultural equipment,manufactured homes, boats,and similar equipment, including storage and incidental maintenance. 7. Vehicle Storage. The business of storing or safekeeping of operative and inoperative vehicles for periods of time greater than a 24 hour period, including,but not limited to,the storage of parking tow-aways,impound yards, and storage lots for automobiles,trucks, buses and recreational vehicles, but not including vehicle dismantling. GG. Visitor Accommodations. l. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis in a converted single-family or multi- family dwelling or a building of residential design,with incidental eating and drinking service for lodgers only provided from a single kitchen. 2. Hotels and Motels. Establishments offering lodging on a weekly or less than weekly basis. Motels may have kitchens in no more than 25 percent of guest units,and "suite"hotels may have kitchens in all units. This classification includes eating, drinking, and banquet service associated with the facility. 3. Condominium—Hotel. Facility providing overnight visitor accommodations where ownership of at least some of the individual guestrooms(units)within the larger building or complex is in the form of separate condominium ownership interests,as defined in California Civil Code section 1351(f). The primary function of the Condominium-Hotel is to provide overnight transient visitor accommodations within every unit that is available to the general public on a daily basis year-round,while providing both general public availability and limited owner occupancy of those units that are in the form of separate condominium ownership interests. 4. Fractional Ownership Hotel. Facility providing overnight visitor accommodations where at least some of the guestrooms(units)within the facility are owned separately by multiple owners on a fractional time basis. A fractional time basis means that an owner receives exclusive right to use of the individual unit for a certain quantity of days per year and each unit available for fractional ownership will have multiple owners. HH. Warehouse and Sales Outlets. Businesses which store large inventories of goods in industrial-style buildings where these goods are not produced on the site but are offered to the public for sale. II. Quasi Residential 09-2153/35954 6 Resolution No.2011-97 Ordinance No.3842 1. Residential Hotels. Buildings with 6 or more guest rooms without kitchen facilities in individual rooms,or kitchen facilities for the exclusive use of guests, and which are intended for occupancy on a weekly or monthly basis. 2. Single Room Occupancy. Buildings designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit;tenancies are weekly or monthly. 3. Timeshare. Any arrangement,plan, or similar program,other than an exchange program,whereby a purchaser receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year, on a recurring basis for more than one year,but not necessarily for consecutive years. SECTION 2. This Ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of October , 2009. ayor ATTEST: APP D AS TO FORM: Clerk ity Attorney I kog REVIE APPROVED: INIT ED AND APPROVED: City trator Director of Plannmg glOhl/Amend ZSO 204 7 Resolution No.2011-97 Ord. No. 3842 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on October 5,2009,and was again read to said City Council at a regular meeting thereof held on October 19,2009, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio,Dwyer, Green, Bohr, Coerper,Hansen NOES: None ABSENT: Hardy ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on October 29,2009. In accordance with the City Charter of said City Joan L. Flynn,Cily Clerk Cyy Clerk and ex-officio Jerk "111.U Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No. 2011-97 ORDINANCE NO. 3843 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 212 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO INDUSTRIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 212.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 212.04 IG and IL Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in the I districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions"which follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. "P/U" for an accessory use means that the use is permitted on the site of a permitted use,but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. 09-2153/35953 1 Resolution No.2011-97 Ordinance No.3843 IG AND IL P - Permitted DISTRICTS: L - Limited(see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA- Conditional use permit approved by Zoning Administrator TU- Temporary Use Permit P/U-Requires conditional use permit on site of conditional use Not Permitted Additional IG IL Provisions Residential Group Residential PC PC (J) Public and Semipublic (A)(M) Community and Human Service Facilities PC PC (L) Day Care, General ZA ZA Heliports PC PC (0) Maintenance& Service Facilities ZA ZA Public Safety Facilities P P Religious Assembly ZA ZA Schools, Public or Private L-6 L-6 Utilities,Major PC PC Utilities,Minor L-7 L-7 (P) Commercial Uses (D)(M) Ambulance Services ZA ZA Animal Sales and Services Animal Boarding ZA ZA Animal Hospitals ZA ZA Artists' Studios P P Banks and Savings and Loans L-1 L-1 Building Materials and Services P P Catering Services - P Commercial Filming ZA ZA Commercial Recreation and Entertainment L-2 L-2 Communication Facilities L-12 L-12 Eating &Drinking Establishments L-3 L-3 w/Live Entertainment ZA ZA (S)(U) Food&Beverage Sales ZA ZA Hospitals and Medical Clinics - PC Laboratories P P Maintenance&Repair Services P P Marine Sales and Services P P Nurseries P P Offices, Business &Professional L-1 L-1 (H) 09-2153/35953 2 Resolution No.2011-97 Ordinance No.3843 IG AND IL P - Permitted DISTRICTS: L - Limited(see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA- Conditional use permit approved by Zoning Administrator TU- Temporary Use Permit P/U- Requires conditional use permit on site of conditional use Not Permitted Additional IG IL Provisions Personal Enrichment L-9 L-9 (U) Personal Services L-1 L-1 Quasi Residential PC PC (K) Research&Development Services P P Sex Oriented Businesses L-11 L-11 (regulated by HBMC Chapter 5.70) Sex Oriented Businesses PC PC (R) (regulated by HBMC Chapter 5.60) Swap Meets,Indoor/Flea Markets PC PC (Q) Vehicle/Equipment Sales & Services Service Stations L-4 L-4 Vehicle/Equipment Repair P P Vehicle/Equip. Sales/Rentals L-5 L-5 Vehicle Storage P ZA (I) Visitor Accommodations ZA ZA Warehouse and Sales Outlets L-8 L-8 Industrial (See Chapter 204) (B)M(N) Industry, Custom P P Industry, General P P Industry, Limited P P Industry,R&D P P Wholesaling, Distribution& Storage P P Accessory Uses Accessory Uses and Structures P/U P/U (C) Temporary Uses Commercial Filming, Limited P P (T) Real Estate Sales P P Trade Fairs P P (E) Nonconforming Uses (F) 09-2153/35953 3 Resolution No.2011-97 Ordinance No.3843 IG AND IL Districts: Additional Provisions L-I Only allowed upon approval of a conditional use permit by the Zoning Administrator for a mixed use project, subject to the following requirements: Minimum site area: 3 acres Maximum commercial space: 35 percent of the gross floor area and 50 percent of the ground floor area of buildings fronting on an arterial highway. Phased development: 25 percent of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet,the initial phase must include 5 percent of the total amount of industrial space or 50,000 square feet of industrial space,whichever is greater. L-2 Allowed upon approval of a conditional use permit by the Zoning Administrator when designed and oriented for principal use by employees of the surrounding industrial development or when designed for general public use,after considering vehicular access and parking requirements. L-3 Allowed upon approval of a conditional use permit by the Zoning Administrator when in a free-standing structure or as a secondary use in a building provided that no more than 20 percent of the floor area is occupied by such a use. L-4 Only stations offering services primarily oriented to businesses located in an I District are allowed with a conditional use permit by the Planning Commission. L-5 No new or used automobile,truck or motorcycle retail sales are permitted. L-6 Only schools offering higher education curriculums are allowed with conditional use permit approval by the Planning Commission. No day care, elementary or secondary schools are permitted. L-7 Recycling Operations as an accessory use are permitted;recycling operations as a primary use are allowed upon approval of a conditional use permit by the Zoning Administrator. L-8 Allowed upon conditional use permit approval by the Planning Commission when a single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95%of the floor area and the remaining 5%may be occupied by secondary tenants. L-9 Permitted if the space is 5,000 square feet or less; allowed by Neighborhood Notification pursuant to Chapter 241 if the space is over 5,000 square feet: L-10 RESERVED 09-2153/35953 4 Resolution No. 2011-97 Ordinance No.3843 IG AND IL Districts: Additional Provisions(continued) L-11 Allowed subject to the following requirements: A. A proposed sex oriented business shall be at least five hundred feet (500')from any residential use, school,park and recreational facility, or any building used for religious assembly(collectively referred to as a "sensitive use") and at least seven hundred fifty feet(750')from another sex oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed sex oriented business to the lot line of the sensitive use or the other sex oriented business. The term "residential use" means any property zoned RL,RM,RMH, RH,RMP, and any properties with equivalent designations under any specific plan. To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the sex oriented business is proposed which includes all the proposed parking and: l. the lot line of any other sex oriented business within seven hundred fifty feet(750')of the lot line of the proposed sex oriented business; and 2. the lot line of any building used for religious assembly, school, or park and recreational facility within five hundred (500')feet of the lot line of the proposed sex oriented business;and 3. the lot line of any parcel of land zoned RL,RM,RMH,RH, and RMP and any parcels of land with equivalent designations under any specific plans within five hundred feet (500')of the lot line of the proposed sex oriented business. B. The front facade of the building, including the entrance and signage, shall not be visible from any major,primary or secondary arterial street as designated by the Circulation Element of the General Plan adopted May, 1996,with the exception of Argosy Drive. C. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building, the applicant shall submit application for Planning Department Staff Review of a sex oriented business zoning permit with the drawing described in subsection A, a technical site plan, floor plans and building elevations,and application fee. Within ten(10)days of submittal,the Director shall determine if the application is complete. If the application is deemed incomplete,the applicant may resubmit a completed application within ten(10) days. Within thirty days of receipt of a completed 09-2153/35953 5 Resolution No.2011-97 Ordinance No.3843 application,the Director shall determine if the application complies with the applicable development and performance standards of the IG AND IL Districts: Additional Provisions(continued) Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: 1. Chapter 203, Definitions; Chapter 212,Industrial Districts; Chapter 230, Site Standards;Chapter 231, Off-Street Parking & Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236,Nonconforming Uses and Structures. 2. Chapter 233.08(b), Signs. Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance Code except a. that such signs shall contain no suggestive or graphic language,photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections,or other graphic representations, whether clothed or unclothed, including without limitation representations that depict "specified anatomical areas" or "specified sexual activities"; and b. only the smallest of the signs permitted under Chapter 233.08(b) shall be visible from any major,primary or secondary arterial street, such streets shall be those designated in the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. 3. Compliance with Huntington Beach Municipal Code Chapter 5.70. D. The Director shall grant or deny the application for a sex oriented business zoning permit for a sex oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. E. Ten(10)working days prior to submittal of an application for a sex oriented business zoning permit for Staff Review,the applicant shall: (i) cause notice of the application to be printed in a newspaper of general circulation; and(ii) give mailed notice of the application to property owners within one thousand(1000') feet of the proposed location of the sex oriented business; and the City of Huntington Beach,Department of Community Development by first class mail. 09-2153/35953 6 Resolution No.2011-97 Ordinance No.3843 The notice of application shall include the following: 1. Name of applicant; 2. Location of proposed sex oriented business,including street address(if known) and/or lot and tract number; 3. Nature of the sex oriented business, including maximum height and square footage of the proposed development; 4. The City Hall telephone number for the Department of Community Development to call for viewing plans; IG AND IL Districts: Additional Provisions(continued) 5. 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 staff review submittal; and 6. The address of the Department of Community Development. F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. G. A sex oriented business zoning permit shall become null and void one year after its date of approval unless: 1. Construction has commenced or a Certificate of Occupancy has been issued,whichever comes first; or 2. The use is established. H. The validity of a sex oriented business zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer. I. A sex oriented business zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. L-12 For wireless communication facilities see section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (A) Repealed. (B) A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use, or exterior alterations and additions for an existing use located within 150 feet of an R district. The 09-2153/35953 7 Resolution No.2011-97 Ordinance No. 3943 Director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District. (C) Accessory office uses incidental to a primary industrial use are limited to 10 percent of the floor area of the primary industrial use. (D) Adjunct office and commercial space, not to exceed 25 percent of the floor area of the primary industrial use, is allowed with a conditional use permit from the Zoning Administrator, provided that it is intended primarily to serve employees of the industrial use,no exterior signs advertise the adjunct use,the adjunct use is physically separated from the primary industrial use, any retail sales are limited to goods manufactured on-site, and the primary industrial fronts on an arterial. (E) See Section 241.22: Temporary Use Permits. (F) See Chapter 236:Nonconforming Uses and Structures. IG AND IL Districts: Additional Provisions(continued) (H) Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except for on-site leasing offices, are not permitted in any I District. Administrative,management,regional or headquarters offices for any permitted industrial use,which are not intended to serve the public,require a conditional use permit from the Zoning Administrator to occupy more than 10 percent of the total amount of space on the site of the industrial use. (1) Automobile dismantling, storage and/or impound yards may be permitted subject to the approval of a conditional use permit by the Planning Commission and the following criteria: (a) The site shall not be located within 660 feet of an R.district. (b) All special metal cutting and compacting equipment shall be completely screened from view. (c) Storage yards shall be enclosed by a solid 6-inch concrete block or masonry wall not less than 6 feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (d) Items stacked in the storage yard shall not exceed the height of the screening walls or be visible from adjacent public streets. (J) Limited to facilities serving workers employed on-site. (K) Limited to: Single Room Occupancy uses (See Section 230.46). 09-2153/35953 8 Resolution No.2011-97 Ordinance No.3843 (L) Limited to Emergency Shelters. (M) Development of vacant land and/or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50%of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g.,increased noise,traffic). (N) Major outdoor operations require conditional use permit approval by the Planning Commission. Major outside operations include storage yards and uses utilizing more than 1/3 of the site for outdoor operation. (0) See Section 230.40: Helicopter Takeoff and Landing Areas. (P) See Section 230.44: Recycling Operations. (Q) See Section 230.50: Indoor Swap Meets/Flea Markets (R) See L-11(A)relating to locational restrictions. IG AND IL Districts: Additional Provisions(continued) (S) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (T) Subject to approval by the Police Department,Public Works Department, and Fire Department and the Planning Director. (I1) Neighborhood notification requirements when no entitlement required pursuant to Chapter 241. 09-2153/35953 9 Resolution No.2011-97 Ordinance No.3843 SECTION 2. This Ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19 t h day of October , 2009. %-& /S Mayor ATTEST: Ity VED AS 7T0FOR7M: 0A9k-vJ 0"Jwv� Cif/Clerk Attorney 9`A ^71--1 1..,.001 REVIE APPROVED: INITLAfiED AND APPROVED: City ' trator Dire` or of P ammng g/Ohl/Amend ZSO Ch 212 10 Resolution No.2011-97 Ord. No. 3843 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) Ss: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on October 5, 2009,and was again read to said City Council at a regular meeting thereof held on October 19,2009, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hansen NOES: None ABSENT: Hardy ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntinb on Beach Fountain Valley Independent on October 29,2009. In accordance with the City Charter of said City Joan L. Flynn,Cite Clerk Clerk and ex-offici lerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No.2011-97 Resolution No.2011-97 Resolution No.2011-97 Resolution No.2011-97 ORDINANCE NO. 3845 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 222 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO THE FLOODPLAIN OVERLAY DISTRICT (-FPl, -FP2,-FP3) The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 222.01 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 222.01 Statutory Authorization The Legislature of the State of California has in Government Code Sections 65302,65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Consistent with this authority,the City of Huntington Beach does hereby adopt this chapter to implement the City's floodplain management regulations. SECTION 2. Section 222.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 222.06 Definitions Except where the context clearly indicates otherwise,the definitions given in this section shall govern the provisions of this chapter. A. Appeal. A request for review of the Director's interpretation of any provision of this chapter, or a request for a variance. B. Area of shallow flooding. A designated AO or AH zone on the Flood Insurance Rate Map(FIRM)prepared by the Federal Emergency Management Agency (FEMA). The base flood depths range from one to three feet; a clearly-defined channel does not exist;the path of flooding is unpredictable and indeterminate;and velocity flow may be evident. C. Area of special flood hazard. The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. This area is designated as Zone A,AO,AH,AE,V, and VE on the FIRM. D. Base flood. A flood having a 1 percent chance of being equaled or exceeded in any given year(also called the 100-year flood). 09-2039/38176 1 Resolution No.2011-97 Ordinance No.3845 E. Basement. Any area of a building having its floor subgrade on all sides. F. Breakaway wall. Any type of wall,whether solid or lattice,and whether constructed,of concrete, masonry, wood,metal,plastic, or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which it is used or any building to which it might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a California-registered engineer or architect and shall meet the following conditions: 1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and 2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of a base flood. G. _Coastal high hazard area. The area subject to high velocity waters including,but not limited to,coastal and tidal inundation or tsunamis. The area is designated on a FIRM as Zone V and VE and as-FP3 in this Chapter. H. DeveloPment. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures,mining,dredging, filling, grading,paving,excavating,or drilling operations or storage of equipment and materials. I. Existing manufactured home nark or subdivision. A manufactured home park or subdivision for which the construction of facilities including utilities,final grading or paving of pads and the construction of streets was completed before the effective date of the City's floodplain management regulation. J. Expansion to an existing manufactured home park or subdivision. The preparation of additional manufactured home sites in an existing manufactured home park or subdivision by the construction of facilities servicing the lots on which the additional manufactured homes are to be affixed including, but not limited to, installation of utilities, construction of streets, and either final site grading or the pouring of concrete pads. K. Flood or flooding. A general and temporary condition of partial or complete. inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation of runoff of surface waters from any source; mudslides; and condition resulting from flood-related erosion. 09-2039/38176 2 Resolution No.2011-97 Ordinance No.3845 L. Flood Insurance Rate Map (FIRM). The official maps on which areas of special flood hazard,the risk premium zones and the floodway applicable to the community are delineated. M. Flood Insurance Study. The "Flood Insurance Study for Orange County, CA and Incorporated Areas," prepared by the Federal Emergency Management Agency, providing flood profiles,the Flood Insurance Rate Maps, and the water surface elevations of the base flood. N. F000dplain. Any land area susceptible to being inundated by water from any source. O. Floodplain management. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management control. P. F000dplain management regulations. Zoning and subdivision ordinances,building codes,health regulations, special purpose ordinances (such as floodplain,grading and erosion control)and other applications of police power. This term describes federal, state or local regulations in any combination thereof which provide standards for the purpose of preventing and reducing flood damage and loss. Q. Flood roofing. Any combination of structural and nonstructural additions,changes or adjustments to nonresidential structures which reduce or eliminate flood damage to real estate or improved real property,water, and sanitary facilities, structures, and their contents. Floodproofing techniques are further described in FEMA Technical bulletins 1-93, 3-93, and 7-93. R. Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 1 foot. S. Functionally dependent use. A use which cannot perform its intended purposes unless it is located or carried out in close proximity to water. The term includes only docking facilities,port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities,but does not include long-term storage or related manufacturing facilities. T. Highest adjacent grade. The highest natural elevation of the ground surface next to the proposed walls of a structure prior to construction. U. Historic structure. Any structure that is: 09-2039/38176 3 Resolution No.2011-97 Ordinance No.3845 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. V. Lowest Floor. The lowest floor of the lowest enclosed area(including basement). An unfinished or flood-resistant enclosure,usable solely for the parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. W. Manufactured home. A structure,transportable in one or more sections,which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term"manufactured home" does not include a"recreation vehicle". X. Manufactured home park or subdivision. A parcel (or contiguous parcels)of land divided into two or more manufactured home lots for rent or sale. Y. Mean Sea Level. The National Geodetic Vertical Datum of 1929 or other datum,to which base flood elevations shown on the FIRM are referenced. Z. New construction. Structures for which the "start of construction"commenced on or after the effective date of the City's floodplain management control (February 16, 1983). AA.New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including at a minimum,the installation of utilities,the construction of streets,and either final site grading or the pouring of concrete pads) is completed on or after February 16, 1983. 09-2039/38176 4 Resolution No.2011-97 Ordinance No.3845 BB. Recreational vehicle. A vehicle which is: 1 Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light-duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,camping,travel,or seasonal use. CC. Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach DD.Special flood hazard area(SFHA). An area in the floodplan subject to a 1 percent or greater chance of flooding in any given year. It is shown on FIRM as Zone A,AO,AI-A30,AE,A99,AH,V130,VE or V. EE. Start of construction. Includes substantial improvement and other new development and means the date the building permit was issued,provided the actual start of construction,repair,reconstruction,rehabilitation,addition,placement, or other improvement was within 180 days of the permit date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings,the installation of piles,the construction of columns,or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include the following:_land preparation such as clearing, grading, and filling;the installation of streets and/or walkways; excavation for a basement, footings,piers, or foundations or the erection of temporary forms;the installation of accessory buildings, such as garages or sheds that are not occupied as dwelling units or connected to the main structure. In the case of substantial improvements, the actual start of construction is the first alteration to any wall, ceiling,floor, or other structural part of a building,whether or not that alteration affects the external dimensions of the building. FF. Structure. A walled and roofed building,including a gas/liquid storage tank and a manufactured home,that is principally above ground. It does not include open pavilions, bleachers, carports and similar structures that do not have at least two rigid walls and a roof. 09-2039/38176 5 Resolution No.2011-97 Ordinance No.3845 GG. Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to the condition existing before damage would equal or exceed 50 percent of the market value before the damage occurred. HH. Substantial improvement. Any repair,reconstruction,rehabilitation,addition,or improvement of a structure,the cost of which equals or exceeds 50 percent of the market value of the structure before such repair,reconstruction,rehabilitation, addition, or improvement. This term includes structures which have incurred "substantial damage,"regardless of the actual repair work performed. This term does not,however, include: 1. Any improvement to a structure to comply with existing state or local health, sanitary,or safety code specifications which are solely necessary to ensure safe living conditions; or 2. Any alteration of a"historic structure,"provided that the alteration will not preclude the structure's continued designation as a"historic structure." "Market value" of a structure,as used herein, shall be the depreciated value of the structure prior to such repair,reconstruction,rehabilitation,addition, or improvement as shown in a report by a qualified real estate appraiser. In the alternative,the Director may use other methods or sources to determine market value as deemed acceptable by FEMA including use of replacement cost depreciated based on accepted industry standards. "Cost" for a repair, reconstruction,rehabilitation,addition, or improvement project,as used herein,shall be determined by valuation figures in use by the Director or itemized estimates for both materials and labor made by licensed contractors or other professional estimators in the construction industry. II. Variance.A grant of relief from the requirements of this chapter which permits construction in a manner which would otherwise be prohibited. JJ. Violation. The failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate,other certifications,or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is. provided. SECTION 3. Section 222.10 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 222.10 General Provisions A. Compliance. No structure or land shall hereafter be constructed,located,extended, converted,or altered without full compliance with the terms of this chapter and 09-2039/38176 6 Resolution No.2011-97 Ordinance No3845 other applicable provisions. This chapter is not intended to repeal,abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter or another chapter,easement,covenant,or deed restriction conflict or overlap,whichever imposes the more stringent restrictions shall prevail. B. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. As a consequence, floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the incidental parcels which do not front a sandy beach,which have bulkheads and are not adjacent to recreation or public use areas and other existing or proposed lateral or vertical easements, or when development is proposed on an existing subdivided single-family residential lot between developed residential parcels. C. Severability. This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. D. Designation of Floo plain Administrator. The Director of Planning is designated to administer,implement, and enforce this chapter by granting or denying development pen-nits in accord with its provisions. E. Director_ -Responsibilities. The duties and responsibilities of the Director in enforcing the provisions of this chapter shall include,but not be limited to: 1. Reviewing development permits to determine that the permit requirements of this chapter have been satisfied,that all other required state and federal permits have been obtained, and that the site is reasonably safe from flooding. 2. Reviewing development permits within Zones Al-30 and AE without a designated regulatory floodway to determine that the proposed new construction, substantial improvement, or development,when considered with all other existing and anticipated development,will not increase the water surface elevation of the base flood more than 1 foot at any point within the city. 3. Making interpretations where needed as to the exact location of the boundaries of areas of special flood hazard. 4. Obtaining and maintaining for public inspection flood insurance policy information concerning the certified elevation for residential developments and subdivisions, and the certification required for floor elevations,for 09-2039/38176 7 Resolution No.2011-97 Ordinance No.3845 developments located in areas where shallow flooding is likely to occur; for floodproofing of nonresidential developments;for coastal high hazard areas;for anchoring of manufactured homes; and for floodway encroachments. 5. Notifying adjacent communities and responsible staff and federal agencies prior to any alteration or relocation of a watercourse. The Director shall f irther ensure that the flood-carrying capacity is maintained for any watercourse, or portion thereof, which has been altered or relocated. 6. Within 6 months of information becoming available or project completion, whichever comes first,the Floodplain Administrator,whenever feasible, shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision(LOMR) if applicable. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions,risk premium rates and floodplain management requirements are based on current data. 7. Taking action to remedy violations of this chapter as provided in Chapter 249. F. Development Permit Review. An Application for Development or building permit shall include: 1. Proposed elevations in relation to mean sea level, of the lowest floor of all structures; in-FP2, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; 2. Proposed elevations in relation to mean sea level and the FIRM design flood to which any structure will be floodproofed;and 3. A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 4. All appropriate certifications required in Section 222.14. SECTION 4. Section 222.14 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 222.14 Development Standards and Standards of Construction Development standards for the-FP Overlay District shall be specified by a conditional use permit or shall be those of the base district with which the-FP district is combined, provided that the following standards of construction shall apply in the -FP2 and-FP3 subdistricts. A. -FP2 and—FP3 Standards of Construction. 09-2039/38176 8 Resolution No.2011-97 Ordinance No.3845 1. Anchoring. Ail new construction and substantial improvements of structures, including manufactured homes,shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. All manufactured homes shall comply with the anchoring standards of Section 222.14A5. 2. Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall use construction methods and practices that minimize flood damage,and shall utilize materials and utility equipment resistant to flood damage for areas below the base flood elevation plus one foot freeboard. Adequate drainage paths around structures on slopes shall be provided to guide flood waters around and away from proposed structures. 3. Standards for Utilities and Mechanical Equipment. a. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. b. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. c. All new construction and substantial improvements shall be constructed with electrical,heating,ventilation,plumbing and air conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 4. Standards for Subdivisions and Other Proposed Development. a. All new subdivision proposals and other proposed development,including proposals for manufactured home parks and subdivisions,greater than 50 lots or 5 acres,whichever is the lesser, shall: 1. Identify the Special Flood Hazard Areas(SFHA) and Base Flood Elevations(BFE). 2. Identify the elevations of lowest floors of all proposed structures and pads on the final plans. 3. If the site is filled above the base flood elevation,the following as=built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill(LOMR-F)to the Floodplain Administrator: 09-2039/38176 9 Resolution No.2011-97 Ordinance No.3845 i. Lowest floor elevation. H. Pad elevation. iii. Lowest adjacent grade. b. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage. c. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. d. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards. 5. Standards for Manufactured Homes. a. All new and replacement manufactured homes and substantial improvements to manufactured homes on sites located 1. outside of a manufactured home park or subdivision, 2. in a new manufactured home park or subdivision, 3. in an expansion to an existing manufactured home park or subdivision, or 4. in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred substantial damage as a result of a flood shall be elevated on a permanent foundation so that the lowest floor is elevated one foot above the base flood elevation. b. All manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision shall be elevated to have the lowest floor one foot above the base flood elevation or the manufactured home chassis supported by reinforced piers or other foundation elements of equivalent strength that are a minimum of 3 feet above grade. Where a site upon which a manufactured home has incurred substantial damage as the result of a flood, subsection 5a shall apply. c. All manufactured homes shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 09-2039/38176 10 Resolution No.2011-97 Ordinance No.3845 6. Standards for Recreational Vehicles. All recreational vehicles placed on a site within a flood hazard zone shall be fully licensed and ready for highway use, restricted to a maximum stay on site of 180 days unless the elevation and anchoring of the recreational vehicle complies with the Standards for Manufactured Homes. All recreational vehicles placed in coastal high hazard areas (V and VE zones) shall also comply with—FP3 standards for construction. B. ->FP2 Standards of Construction 1. Elevation and Floodproofing. a. Residential Construction—New residential construction and substantial improvement of any residential structure shall have the lowest floor including basement elevated one foot above the base flood elevation except: (1) In an AO zone,the lowest floor including basement shall be elevated one foot above the highest adjacent natural grade to a height exceeding the depth number on the FIRM by one foot or at least three(3)feet if no depth number is specified; and (2) In an A zone,the lowest floor including basement shall be elevated one foot above the base flood elevation as determined by the City. Prior to issuance of a building permit and prior to building permit final inspection,the elevation of the lowest floor including basement shall be certified by a California-registered engineer or surveyor. The completed FEMA elevation certificates shall be submitted to the Director. b. Nonresidential Construction—New construction and substantial improvement of any nonresidential structure shall be either elevated to comply with subsection 1 a or together with attendant utility and sanitary facilities be floodproofed below the level stated in subsection la so that the structure is watertight with walls substantially impermeable to the passage of water and be capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A floodproofing certificate shall be completed and certified by a California registered engineer or architect and submitted to the Director prior to issuance of a building permit. c. Flood Openings—All new construction and substantial improvement of any structure with fully enclosed areas below the lowest floor(excluding basements)that are usable solely for parking of vehicles,building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. All proposals for using space below the lowest floor shall exceed the following requirements: 09-2039/38176 11 Resolution No.2011-97 Ordinance No.3845 (1) Be certified by a California registered engineer or architect; or (2) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency,or (3) Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens,louvers,valves or other coverings or devices provided they permit the automatic entry and exit of floodwaters. C. -FP3 Standards of Construction 1. Location of Buildings. All new construction shall be located on the landward side of the reach of the mean high tide. 2. Free of Obstruction.All new construction and substantial improvement shall have the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 222.06. Such enclosed space shall not be used for human habitation but may be used for parking,building access or storage. 3. Elevation and Structural Support. All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns so that the bottom of the lowest horizontal portion of the structural member of the lowest floor(excluding the pilings or columns)is elevated at or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation,collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall comply with standards adopted by the City. Fill shall not be used for structural support of buildings. 4. Certification. A California-registered engineer or architect shall certify to the satisfaction of the Director that the proposed structure complies with the requirements of this section. The Director shall obtain and maintain records of the elevation(in relation to mean sea level)of the bottom of the lowest structural member of the lowest floor(excluding pilings or columns) of all new and substantially improved structures,and whether such structures contain a basement. SECTION 4. Section 222.16 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 09-2039138176 12 Resolution No.2011-97 Ordinance No.3845 222.16 Variances/Appeals A. General Provisions. The Planning Commission shall hear and decide requests for variances from the standards of this chapter as well as requests for appeals when it is alleged there is an error in any requirement, decision, or determination made by the Director in the enforcement or administration of this chapter in accord with the procedures established in Chapter 241 and 248. 1. Variances may be issued for new construction and substantial improvements on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below base flood level,providing the standards listed in this chapter are considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variances increases. 2. Variances may be granted for new construction and substantial improvement and for other development necessary for the conduct of a functionally dependent use provided that the provisions of Chapter 222 are satisfied and that the structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety or public nuisance. 3. Variances may be issued for the repair or rehabilitation of historic structures provided the proposed repair or rehabilitation is necessary to preserve the historic character and design of the structure and allow the continued designation as an historic structure. 4. Any applicant to whom a variance is granted shall be provided written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk. A copy of the notice shall be recorded by the Director in the office of the Orange County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. B. Factors to be Considered. In reviewing applications,the Planning Commission shall consider all relevant factors, including technical evaluations,this section,and other standards specified in this chapter. In reaching a decision on an appeal.or variance,the Planning Commission shall consider the: 1. Danger that materials may be swept onto other lands to the injury of others; 2. Danger of life and property due to flooding or erosion damage; 3. Importance of the services provided to the community by the proposed facility; 4. Necessity of waterfront location for the facility,if applicable; 09-203938176 13 Resolution No.2011-97 Ordinance No.3845 5. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 6. Compatibility of the proposed use with existing and anticipated developments; 7. Relationship of the proposed use to the General Plan, Local Coastal Program, and the floodplain management program for that area; 8. Safety of access to the property in time of flood for ordinary and emergency vehicles; 9. Expected heights,velocity, duration,rate of rise, and sediment transport of the flood waters expected at the site; and 10. Cost of providing government services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electric and water services, and streets and bridges. C. Findings. When granting a variance,the Planning Commission shall make the following findings in addition to the findings contained in Chapter 241. 1. The project provides the minimum deviation to afford relief from the provisions of Chapter 222. 2. The proposed project will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create a nuisance,cause fraud or victimization of the public, or conflict with existing local laws or ordinances. D. Authority to Impose Additional Conditions. In addition to the authority to impose conditions under Section 241.12,the Planning Commission may attach conditions to the granting of variances as deemed necessary. E. Records. The Director shall maintain a record of all variance actions and findings to justify their issuance, and report such variances to FEMA and FIA upon request. 09-2039/38176 14 Resolution No.2011-97 Ordinance No.3845 SECTION 5. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of November ,200_� �% e Mayor ATTEST: APPROVED AS TO FORM: CA City Clerk UCh Attorney REVIE APPROVED: INITIA D AND APPROVED: Ci Ajinistrator Director of Pl g 09-2039/38176 15 Resolution No.2011-97 Ord. No. 3845 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on October 19,2009, and was again read to said City Council at a regular meeting thereof held on November 2,2009, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Dwyer, Green, Bohr, Coerper,Hardy, Hansen NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 12,2009. In accordance with the City Charter of said City oan L. Flynn,Cily Clerk Cit Clerk and ex-officio CTIfferk WWA�WSenior Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No.2011-97 Resolution No.2011-97 Resolution No. 2011-97 ORDINANCE NO. 3867 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 210 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED RESIDENTIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 210.16 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 210.16 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Planning Department for review. Discretionary review shall be required as follows: A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator;projects on substandard lots; see Chapter 241. B. Design Review Board. See Chapter 244. C. Planning Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241. D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of March ,2010 . Ma ATTEST: APPROVED AS TO FORM: /?/� City C er w City Attorney Dyoj :3`V-k1►o REVIE ND APPROVED: INITIAWirectKr PROVED: inistrator nning 07-1163.001/40146 Resolution No.2011-97 Ord. No. 3867 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN,the duly elected,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on February 16,2010,and was again read to said City Council at a regular meeting thereof held on March 1, 2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer,Hansen NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on March 11,2010. In accordance with the City Charter of said City n Joan L.FIM,City Clerk C' Clerk and ex-officio Verk L-Wh,��t.Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No.2011-97 ORDINANCE NO. 3868 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 211 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED COMMERCIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 211.08 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 211.08 Review of Plans All applications for new construction,initial establishment of use, exterior alterations and additions shall be submitted to the Planning Department for review. Discretionary review shall be required as follows: A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator;projects on substandard lots; see Chapter 241. B. Design Review Board. See Chapter 244. C. Planning Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241. D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of March - ,2010 . Ma or ATTEST: APPROVED AS TO FORM: 1ty e N ee-City Attorney D10 REVIE APPROVED: INITIAT AND APPROVED: A inistrator WirectoiKof PTanning 07-1163.001/40147 Resolution No.2011-97 Ord. No. 3868 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN,the duly elected,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on February 16,2010, and was again read to said City Council at a regular meeting thereof held on March 1,2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio,Coerper, Hardy, Green, Bohr,Dwyer,Hansen NOES: None ABSENT: None ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on March 11,2010. In accordance with the City Charter of said City a Joan L.Flynn,Cily Clerk CoClerk and ex-officio 6erlc �jVG& • Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No.2011-97 ORDINANCE NO. 3869 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 212 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED INDUSTRIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 212.08 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 212.08 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Planning Department for review. Discretionary review shall be required as follows: A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator;projects including a zero-side yard exception;projects on substandard lots. B. Design Review Board. See Chapter 244. C. Planning Commission. Projects requiring a conditional use permit from the Commission. D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day-of March ,2010 . IF M ATTEST: APPROVED AS TO FORM: �✓� � ��L`l�yo�v City Clerk City.Attorney bwo REVIEW APPROVED: INITIAT D APPROVED: Ci mistrator ector Kf Planning 07-1163.001/40148 Resolution No.2011-97 Ord. No. 3869 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on February 16,2010,and was again read to said City Council at a regular meeting thereof held on March 1,2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on Match 11,2010. In accordance with the City Charter of said City dloogdc—j . Joan L. Flypn,City Clerk CU Clerk and ex-officio Olerk i - Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No.2011-97 ORDINANCE NO. 3870 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 213 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED OPEN SPACE DISTRICT The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 213.10 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 213.10 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Planning Department for review. Discretionary review shall be required as follows: A. Zoning Administrator Review_. Projects requiring a conditional use permit from the Zoning Administrator;projects on substandard lots. B. Design Review Board. See Chapter 244. C. Planning Commission. Projects requiring a conditional use permit from the Commission. D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of March 12010 a ATTEST: ROVED AS TO FORM: Ci Clerk G City Attorney pym A*oq REVIE APPROVED: INIT_IIATE ANP APPROVED: C A inistrator Director of Planning 07-1163.001/40149 Resolution No.2011-97 Ord. No. 3870 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNY'INGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on February 16,2010 and was again read to said City Council at a regular meeting thereof held on March 1,2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None. ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on March 11,2010. In accordance with the City Charter of said City Joan L.Fl nn Ci1y Clerk Clerk and ex-officio erk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No.2011-97 ORDINANCE NO. 3871 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 214 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED PUBLIC-SEMIPUBLIC DISTRICT The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 214.10 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 214.10 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Planning Department for review. Discretionary review shall be required for projects requiring conditional use permits. Design Review shall be required for all projects except temporary uses pursuant to Chapter 244. A Coastal Development Permit is required for projects in the Coastal Zone unless the project is exempt(see Chapter 245). SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ist day of March ,201o . a ATTEST: AP ED AS TO FORM: ikCi Clerk l�! bq 'ty Attorney kk\'S 1tiq REVI D APPROVED: INITIATED . D APPROVED: inistrator Director f P arming 07-1163.001/40150 Resolution No.2011-97 Ord. No. 3871 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN,the duly elected,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on February 16,2010 and was again read to said City Council at a regular meeting thereof held on March 1,2010 and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Coerper,Hardy, Green,Bohr,Dwyer,Hansen NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on March 11,2010. In accordance with the City Charter of said City Joan L.Flynn,City Clerk C Clerk and ex-officio lerk WAAL i Gl Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No.2011-97 ORDINANCE NO. 3872 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 233 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED SIGNS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 233.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 233.04 Permits Required Sign permits are required for all signs, unless expressly exempted under Section 233.08 or otherwise provided by this Code. A building permit application for a new sign or change in sign panel/face shall be approved by the Planning Department prior to installation and issuance of a building permit by the Building and Safety Department. A. Sign Permit. A complete sign application shall include the following information: 1. Two sets of fully-dimensioned plans drawn to scale. The plans shall include the following: a. Site plan indicating the location of all proposed signs, as well as the size and location of existing signs on the site. Photographs should be submitted if available. b. Sign elevations, indicating overall square footage and letter/figure dimensions, letter style,color(indicate standard color number if applicable),materials,proposed copy and illumination method. C. Dimensioned building elevations with existing and proposed signs depicted. 2. Property owner approval in the form of a letter or signature on the plans, approving the proposed signs and authorizing submission of the sign application. 3. For wall signs,method of attachment; for freestanding signs,foundation plan, sign support and attachment plan. 4 Type and method of electrical insulation devices,where applicable. 5. Any design modification from the requirements of this chapter that have been approved shall be noted, and compliance with the Planned Sign Program, limited sign permit, or sign code exception shall be demonstrated. 07-1163.001/40151 1 Resolution No.2011-97 Ordinance No.3872 B. Planned Sign Program. Review and approval of a Planned Sign Program pursuant to Section 233.20 is required for a sign permit for the following requests: l. A site with five or more non-residential businesses or uses. 2. A site with two or more freestanding identification signs where there is a request for a new freestanding sign. 3. Commercial properties with 1,300 feet or more on one street frontage requesting more freestanding signs than allowed pursuant to Section 233.06. 4. Consolidated subdivision directional signs identifying multiple projects on multiple sign panels. 5. Service stations. 6. Wall signs for second floor businesses with exterior access. 7. Wall signs installed on a building wall not adjacent to the business suite. C. Sign Code Exception: The Director may grant approval for a sign code exception of not more than 20%in sign height or sign area. Ten(10)working days prior to submittal for a building permit, applicant shall notice adjacent property owners and tenants by first class mail. Notice of application shall include the following: 1. Name of applicant. 2. Location of planned development or use,including address. 3. Nature of the proposed development shall be fully disclosed in the notice. 4. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. 5. The date by which any comments must be received in writing by the Planning Department.. 6. Planning Director shall receive entire list including name and address of those receiving the mailing. The Design Review Board shall review and render a recommendation to the Director for sign code exception requests of more than 20%in sign height or sign area supergraphics,three-dimensional signs, and relief from the strict application of Section 233.06. Neighborhood Notification required pursuant to Chapter 241. The following findings shall be made prior to approval of any sign code exception: 1. The sign is compatible with the character of the area and is needed due to special circumstances defined by the applicant and applicable to the property. 2. The sign will not adversely affect other signs in the area. 07-1163.001/40151 2 Resolution No. 2011-97 Ordinance No.3872 3. The sign will not be detrimental to properties located.in the vicinity. 4. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. D. Limited Sign Permit: The owner of a sign which does not conform to the provisions of Section 233.06 may file an application for a limited sign permit to the Director for permission to change the face or copy of such sign. A limited sign permit cannot be processed for an Illegal Sign or a Prohibited Sign listed in Section 233.10. The Director may approve the face change and extend a sign's use for a time period deemed appropriate, not to exceed two (2)years. A sign permit shall be obtained pursuant to Section 233.04(A)prior to installation of the new sign panel/face. A cash bond in an amount determined by the Director to reflect the cost of removal based on information provided by a sign company shall be required to guarantee the sign's removal upon expiration of the limited sign permit. Approval shall be subject to the following findings: l. Due to unique circumstances,the sign's immediate removal will result in a substantial hardship for the applicant. 2. The sign will not adversely affect other lawfully erected signs in the area. 3. The sign will not be detrimental to properties located in the vicinity. 4. The sign will be in keeping with the character of the surrounding area. 5. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. E. Design Review Board. The Design Review Board(DRB) shall review and render a recommendation to the appropriate decision maker(Zoning Administrator, Director,Planning Commission, etc.) on the following items prior to issuance of a permit by the Planning and/or Building & Safety Departments for the following: 1. Electronic Readerboard Signs. 2. Signs on properties within the following areas: a. Areas subject to specific plans which do not include specific guidelines for signs; b. OS-PR(Open Space-Parks and Recreation)and OS-S (Open Space-Shoreline districts); and C. Any other area designated by the City Council. 3. DRB review or approval shall not be required for signs in Redevelopment Agency project areas. 07-1163.001/40151 3 Resolution No.2011-97 Ordinance No.3872 F. TempgM Sign Permits. The Director may issue a temporary sign permit valid for up to 30 days,if it is found that the temporary sign is necessary to establish or maintain identity until a permanent sign can be erected. Extensions of the 30 day permit may be granted at the discretion of the Director. The Director may also approve a temporary sign permit for the following temporary signs provided the signs conform with the standards defined in Section 233.06: 1. Signs necessary to avoid a dangerous condition,including directional signs during construction. 2. Signs pertaining to a use permitted by a temporary use permit. 3. Promotional activity signs that comply with Section 233.18 are permitted up to a maximum of 90 days per calendar year. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council.of the City of Huntington Beach at a regular meeting thereof held on the 1st day of March , 20 10. Aja; Ma or ATTEST: APPROVED AS TO FORM: Ci Clerk �i City Attorney REVIE APPROVED: INITIAT AND PROVED: C' inistrator irec or of Planning 07-1163.001/40151 4 Resolution No.2011-97 Ord. No. 3872 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven,that the foregoing ordinance was read to said City Council at a regular meeting thereof held on February 16,2010, and was again read to said City Council at a regular meeting thereof held on March 1,2010, and was passed and adopted by the affirmative vote of at least a majority of alt the members of said City Council. AYES: Carchio, Coerper,Hardy, Green, Bohr, Dwyer,Hansen NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on March 11,2010. In accordance with the City Charter of said City n Joan L.Fl n City Clerk C Clerk and z�,d ex-officio erk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No. 2011-97 Resolution No.2011-97 ORDINANCE NO. 3873 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 244 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED DESIGN REVIEW The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 244.02 Applicability of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 244.02 Applicability Design review is required for all projects pursuant to any other provision of this Zoning and Subdivision Ordinance and for all projects located within redevelopment areas, specific plans as applicable, areas designated by the City Council, City facilities or projects abutting or adjoining City facilities,projects in or abutting or adjoining OS-PR and OS-S districts, and General Plan primary and secondary entry nodes. SECTION 2. Section 244.04 Duties of the Design Review Board of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 244.04 Duties of the Design Review Board The Design Review Board shall assist the Director,Planning Commission and Zoning Administrator in reviewing development plans and architectural drawings within designated geographic areas of the City and to undertake such other review and approval as provided by'this code. A. Organization. The Board shall consist of five members interviewed by Council liaisons and approved by the City Council. I. No person is eligible for membership on the Board unless that person is a resident of the City at the time of appointment to the Board. If during a term of office,a member moves his or her place of residence outside of the City limits,his office shall immediately become vacant. 2. One(1) current Planning Commissioner chosen by the Planning Commission. An alternate Commissioner may be designated by the Planning Commission. 3. At least four of the five members shall have training, education or work experience in design-related fields including, but not limited to,architecture, landscaping,art,urban/environmental design and aesthetics. 07-1163.001/40161 1 Resolution No.2011-97 Ordinance No. 3873 4. One (1) current member of the Historic Resources Board chosen by the Historic Resources Board. An alternate may be designated by the Historic Resources Board. 5. The City Council may designate alternate members as it deems necessary so long as the alternate members meet all membership requirements. B. Terms of Office. 1. At large Members. The term of office for At-large members shall be four(4) years from the date of appointment by City Council. No At-large member shall serve more than two (2)consecutive terms. At-large members serve until their respective successors are appointed and qualified. An At-large member may be removed prior to the expiration of his/her term by a motion adopted by the City Council. 2. Planning Commission Member. The term of the Planning Commission member shall expire when such member ceases to be a member of the Planning Commission. A Planning Commission member may be removed prior to the expiration of his/her term by a motion adopted by the Planning Commission. Members may serve until their respective successors are appointed and qualified. 3. Historic Resources Board Member. The term of the Historic Resources Board member shall expire when such member ceases to be a member of the Historic Resources Board. A Historic Resources Board member may be removed prior to the expiration of his/her term by a motion adopted by the Historic Resources Board. Members may serve until their respective successors are appointed and qualified. C. Powers and Duties. It shall be the duty of the Board to review sketches, layouts,site plans, structural plans, signs,and architectural drawings in connection with any matter before the board. The Board shall have authority to confer with the applicant or property owner concerning modifications of the proposal,or conditions necessary to approval, and may approve, disapprove, or conditionally approve the proposal. The Board may recommend any matter before them to the discretionary body for consideration of the project. SECTION 3. Section 244.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 244.06 Scope of Review A. In making its determination,the Board shall review and consider: 1. The arrangement and relationship of proposed structures and signs to one another and to other developments in the vicinity; 2. Whether that relationship is harmonious and based on good standards of architectural design; 07-1163.001/40161 2 Resolution No.2011-97 Ordinance No. 3873 3. The compatibility in scale and aesthetic treatment of proposed structures with public district areas; 4. The adequacy of proposed landscaping; 5. Elements of design affecting the performance characteristics of the proposed development; and 6. Whether energy conservation measures have been proposed and the adequacy of such measures, including,but not limited,the use of active and passive solar energy systems. B. The Board may impose and/or recommend any conditions deemed reasonable and necessary to the approval of the proposed development plan. SECTION 4. Section 244.09 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 244.09 Time Limit; Transferability,Discontinuance. A Design Review Board recommendation shall become null and void one year after its date of Director approval. If the initial application is in association with another discretionary permit said permit shall become null and void one year after the final action of the hearing body. SECTION 5. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the— 1,;t_day of March , 20 J_Q. ay ATTEST: APPROVED AS TO FORM: ldv� ,y4 /-YY92?-�".414) 15�- - - Ci Clerk UCity Xttorney REVIE D APPROVED: INITIA APPROVED: C' inistrator birect6r of Planning 07-1163.001/40161 3 Resolution No.2011-97 Ord. No. 3873 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on February 16, 2010 and was again read to said City Council at a regular meeting thereof held on March 1,2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer,Hansen NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on March 11,2010. At In accordance with the City Charter of said City Q"-Sid 4!!� Joan L.F1 nn CityClerk CV Clerk and ex-officio erk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No.2011-97 Resolution No.2011-97 Resolution No.2011-97 ORDINANCE NO. 3856 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 203 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED DEFINITIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 203.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to add the following definitions: Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Supportive Housing. Housing with no limit on length of stay that is occupied by the target population and is linked to on-site or off-site services that assist residents retain the housing, improving his or her health status, and maximizing his or her ability to live and,when possible,work in the community. On-site and off-site services may include, but are not limited to, after-school tutoring, child care, and career counseling. Target Population. Persons with low income having one or more disabilities, including mental illness,HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Development Disabilities Services Act(Division 4.5 commencing with Section 4500 of the Welfare and Institutions Code) and may include, among other populations,adults,families, families with children, elderly persons, young adults aging out of the foster care system, individuals existing from institutional settings, veterans, or homeless people. Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that call for.the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time,which shall be no less than six months. SECTION 2. All other provisions of Chapter 203 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective 30 days after its adoption. 09-2302/40422 1 Resolution No. 2011-97 Ordinance No. 3856 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19 th day of January AlA( 2 O10. M or ATTEST: APPROVED AS TO FORM: City Clerk City Attorney I 1 101 REVIE PROVED: INITIAT D AND APPROVED: Ci A istrator irector of Planning 09-2302/40422 2 Resolution No.2011-97 Ord. No. 3856 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH j I, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify.that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on December 21, 2009 and was again read to said City Council at a regular meeting thereof held on January 19,2010,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio,Hardy, Green, Bohr,Dwyer,Hansen NOES: None ABSENT: Coerper ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on January 28,2010. In accordance with the City Charter of said City Joan L.Flynn,City Clerk dk Clerk and ex-offici lerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach,California Resolution No.2011-97 ,.2011-97 ORDINAI\ 57 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED CLASSIFICATIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 204.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to add the following definitions: G. Supportive Housing. Housing with no limit on length of stay that is occupied by the target population and is linked to on-site or off-site services that assist residents retain the housing, improving his or her health status, and maximizing his or her ability to live and, when possible,work in the community. On-site and off-site services may include,but are not limited to, after-school tutoring, child care, and career counseling. Supportive housing uses are subject only to those restrictions and processing requirements that apply to other residential dwellings of the same type in the same zone. H. Transitional Housing. Temporary housing(generally six months to two years) for a homeless individual or family who is transitioning to permanent housing. This type of housing includes multi-family unit developments and often includes a supportive services component to allow individuals to gain necessary life skills in support of independent living. Transitional housing uses are subject only to those restrictions and processing requirements that apply to other residential dwellings of the same type in the same zone. SECTION 2. All other provisions of Chapter 204 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of January , 100 2010. 1FMaJGLd ATTEST: APPROVED AS TO FORM: Ci Clerk City Attorney f 1101 REVIE APPROVED: INITIA T AND APPROVED: C/ft 'nistrator Direct r of Planning 09-2302/40904 tst UN J34esolution No.2011-97 Ord. No. 3857 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN,the duly elected,qualified City Clerk of the City of Huntington Beach,and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on December 21,2009 and was again read to said City Council at a regular meeting thereof held on January 19,2010 and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio,,Hardy, Green,Bohr,Dwyer, Hansen NOES: None ABSENT: Coerper ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City.Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on January 28,2010. In accordance with the City Charter of said City (Joan L.Fl ns City Clerk C4F Clerk and ex-officio Wlerk A Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No.2011-97 ORDINANCE NO. 3858 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 210 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED RESIDENTIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 210.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 210.04 RL,RM,RMH,RH,and RMP Districts: Land Use Controls In the following schedules, letter designations are used as follows: designates use classifications permitted in residential districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions"that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. (3334-6/97,3410-3/99) P/U" designates that accessory uses are permitted, however, accessory uses are subject to approval of a conditional use permit if the primary use requires a. conditional use permit. (3334-6197,3410-3/99) Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use classifications under the heading. 09-2302/40773 1 Resolution No.2011-97 Ordinance No. 3858 RL,RM,RMH,RH,and P = Permitted RMP DISTRICTS: L = Limited(see Additional Provisions) (3334-6197) LAND USE CONTROLS PC = Conditional use permit approved-by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary Use Permit P/U = Requires conditional use permit on site of conditional use = Not Permitted RL RM RM IR RMP Additional RH Provisions Residential Uses (A)(M)(Q) (3334-6/97, 3410-3M) Day Care,Ltd. P P P P Group Residential - - PC - Multi-family Residential (B)(C)(D)(R) (34103199, 3455-5100) 2 -4 units ZA P P - (3334-&97, 3410-3199) 5 -9 units ZA ZA ZA - (3334-&97, 3410-3/99) 10 or more units PC PC PC - (3334-6197, 34103/99) Manufactured Home Parks ZA ZA - ZA (E)(F) Residential,Alcohol Recovery,Ltd. P P P P Residential Care,Limited P P P P Single-Family Residential P P P P (B)(D)(F)(P)(R)(S) (3334E/97, 3410-3M, 3455-5/00, 3832-7/09) Supportive Housing L-7 L-7 L-7 L-7 Transitional Housing L-7 L-7 L-7 L-7 Public and Semipublic (A)(0) (3334-6/97, 3410-3/99) Clubs&Lodges PC PC ZA ZA (3334-6/97, 34103/99) Day Care,Large-family L-6 L-6 L-6. L-6 (3334-W97, 3761-2/07) _ Day Care, General L-1 ZA ZA ZA (33341i/97, 34103/99) Park&Recreation Facilities L-2 L-2 L-2 L-2 (3334-6/97, 3410.3/99) Public Safety Facilities PC PC PC PC Religious Assembly L-3 PC PC PC (3334E/97, 3410-3/99) Residential Care, General - L-1 PC PC (3334-&97, 3410-3/99) Schools,Public or Private PC PC PC PC Utilities,Major PC PC PC PC Utilities, Minor P P P P 09-2302/40773 2 Resolution No.2011-97 Ordinance No. 3858 Commercial Communication Facilities L-5 L-5 L-5 L-5 0%8-9w) Horticulture ZA ZA ZA ZA (341 ) Nurseries ZA ZA ZA ZA (3410.3M9) Visitor Accommodations Bed and Breakfast Inns - - L-4 - (3334.6W, 3410-3M) Accessory Uses P/U P/U P/U P/U (A)(G)(H)(1)(L)(M) (3334-w7, 34103/99) Temporary Uses (i)(M) (3334-W7, 3410-3M) Commercial Filming, Limited P P P P Real Estate Sales P P P P (N) (3334-5197, 3410- 3l99,3706. M) Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) RL,RM,RMH,RIB,and RMP Districts: Additional Provisions L-1 A conditional use permit from the Planning Commission is required and only allowed on lots 1.0 acre(gross acreage) or greater fronting an arterial in RL District. L-2 Public facilities permitted,but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities, including swim clubs and tennis clubs. L-3 A conditional use permit from the Planning Commission is required,and only schools operating in conjunction with religious services are permitted as an accessory use. A General Day Care facility may be allowed as a secondary use, subject to a conditional use permit,if the Planning Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts. L-4 A conditional use permit from the Zoning Administrator is required and only allowed on lots 10,000 sq. ft. or greater in RMH-A subdistrict. See also Section 230.42: Bed and Breakfast Inns. L-5 Only wireless communication facilities permitted subject to section 230.96 Wireless Communication Facilities. L-6 Neighborhood notification is required pursuant to Section 241.24. No architectural plans shall be required. L-7 Supportive Housing and Transitional Housing shall be considered a residential use of property and shall be subject only to those restrictions and processing 09-2112/41771 3 Resolution No.2011-97 Ordinance No. 3858 requirements that apply to other residential dwellings of the same type in the same zone. (A) Any addition or modification subsequent to the original construction that would result in an increase in the amount of building area,or a structural or architectural alteration to the building exterior, shall require an amendment to the previously approved conditional use permit, if any, or approval of a new conditional use permit. (B) A conditional use permit from the Planning Commission is required for residential uses requesting reduction in standards for senior citizens(See Section 210.08), for affordable housing(See Sections 210.10 and 230.14), or for density bonus(See Section 230.14). (C) A conditional use permit from the Zoning Administrator is required for any multiple family residential development that: (1) abuts an arterial highway; (2) includes a dwelling unit more than 150 feet from a public street; or (3) includes buildings exceeding 25 feet in height. (D) See Section 210.12: Planned Unit Development Supplemental Standards. In addition, a conditional use permit is required for condominium conversion pursuant to Chapter 235. (E) See Section 210.14: RMP District Supplemental Standards. In addition, Neighborhood Notification pursuant to Chapter 241 is required for the addition of manufactured home space(s)to an existing Manufactured Home Park. (F) See Section 230.16: Manufactured Homes. (G) See Section 230.12: Home Occupation in R Districts. (H) See Section 230.08: Accessory Structures. (I) See Section 230.10: Accessory Dwelling Units. R>L,,RM,RMH,RH,and RMP Districts: Additional Provisions (J) See Section 241.20: Temporary Use Permits. (K) See Chapter 236: Nonconforming Uses and Structures. (L) See Chapter 233: Signs. (M) Tents,trailers,vehicles, or temporary structures shall not be used for dwelling purposes. (N) See Section 230.18: Subdivision Sales Offices and Model Homes. (0) Limited to facilities on sites of fewer than 2 acres. 09-2302/40773 4 Resolution No.2011-97 Ordinance No. 3858 (P) See Section 230.22: Residential•Infill Lot Developments. (Q) See Section 230.20: Payment of Parkland Dedication In-Lieu Fee. (R.) Small lot development standards for RM, RMH, and RH Districts. A conditional use permit from the Planning Commission is required for small lot residential subdivisions, including condominium maps for detached single family dwellings. See also Section 230.24: Small Lot Development Standards. (S) See Coastal Element Land Use Plan, Table C-2, for permitted uses, development requirements and restrictions applicable to development within Subarea 4K as depicted in Figures C-6a and C-10 of the Coastal Element Land Use Plan. Subdivision design and development within Subarea 4K shall incorporate the information from the plans and studies required in Table C-2 for development of that Subarea. If there is a conflict between the requirements and restrictions of Table C-2 and other provisions of the Zoning and Subdivision Ordinance,the requirements and restrictions included in Table C-2 shall prevail. SECTION 2. All other provisions of Chapter 210 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19 th day of January XM 2010. Ma or ATTEST: APPROVED A�SS TO FORM: City Clerk // &A—City Attorney REV1E APPROVED: INITIATYP AND APPROVED: City 'strator irector of Planning 09-2302/40773 5 Resolution No.2011-97 Ord. No. 3858 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1,JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on December 21,2009,and was again read to said City Council at a regular meeting thereof held on January 19,2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio,Hardy, Green, Bohr,Dwyer, Hansen NOES: None ABSENT: Coerper ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-offtcio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on January 28,2010. In accordance with the City Charter of said City ^nJoan L.Fl n Qi1y Clerk Clerk and ex-offici lerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No.2011-97 ORDINANCE NO. 3859 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 211 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED C COMMERCIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 211.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 211.04 CO,CG, and CV Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions"that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. "P/U" for an accessory use means that the use is permitted on the site of a permitted use,but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use classifications under the heading. P = Permitted CO, CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted 09-2302/40580 1 Resolution No.2011-97 Ordinance No. 3859 CO CG CV Additional Provisions Residential (J)(Q)(R)(V) (33346/97) Group Residential PC PC PC (3334-M7) Multifamily Residential - - PC (3334-6/97) Public and Semipublic (J)(Q)(R)(V) (3334-5/97,355-1-5/02) Clubs and Lodges P P - (33346/97,3707-&05) Community and Human Services Drug Abuse Centers - PC - Primary Health Care L11 Ll 1 - (3522002) Emergency Kitchens - L-2 - Emergency Shelters - L-2 - Residential Alcohol Recovery, General - PC - Residential Care, General ZA ZA - (37074)6/05) Convalescent Facilities ZA ZA - (3707-WO5) Cultural Institutions PC PC PC Day Care, General L-3 L-3 - (3707-0&05) Day Care,Large-Family P P - (Y) (3522-2/02) Emergency Health Care L-2 L-2 - (3334s/97) Government Offices P P PC (3334-W7) Heliports PC PC PC (B) Hospitals PC PC - (333+-W97) Park&Recreation Facilities L-9 L-9 L-9 Public Safety Facilities PC PC PC . Religious Assembly ZA ZA PC (3522-2/02) (3522-2/02) Schools,Public or Private PC PC - Utilities, Major PC PC PC Utilities, Minor P P P (L) P = Permitted CO,CG, L = Limited(see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use Not Permitted CO CG CV Additional Provisions Commercial Uses (J)(Q)(R) (3341-0/96) Ambulance Services - ZA - Animal Sales& Services Animal Boarding - ZA - (3522-2/02) Animal Grooming - P - Animal Hospitals - ZA - (3522-2=) Animals: Retail Sales - P - Equestrian Centers(CG Zone) - PC - (S) (3707-6/05) Pet Cemetery - PC - Artists' Studios P P P Banks and Savings &Loans P P P 09-2302/40580 2 Resolution No.2011-97 Ordinance No.3859 With Drive-Up Service P P P (3522-2102) Building Materials and Services - P - Catering Services P P P Commercial Filming P P P (F) Commercial Recreation and Entertainment - PC PC (D) Communication Facilities L-13 L-13 L-13 (3568-9/02) Eating and Drinking Estab. L-4 L-4 L-4 (3522—ZD2,3707-WM) W/Alcohol ZA ZA ZA (N)(Y) (3522-2f02) W/Drive Through - P P (3522-2ro2,3707.6105) W/Live Entertainment ZA ZA ZA (W)(Y) (3522-2102) W/Dancing PC PC PC (H) W/Outdoor Dining ZA ZA ZA (X)(Y) (3522—=2) Food&Beverage Sales - P L-2 W/Alcoholic Beverage Sales - ZA ZA (N) Funeral &Internment Services - ZA - Laboratories L-1 L-1 - Maintenance&Repair Services - P - Marine Sales and Services - P P Nurseries - ZA - Offices, Business&Professional P P P (33 7) Pawn Shops - ZA - Personal Enrichment Services L-10 L-10 - (Y) (3522-2M2) Personal Services P P P Research&Development Services L-1 ZA - Retail Sales - P P (i.T)(V) (32es.sg5,3&U-M7,34U-12W) Secondhand Appliances/Clothing - P - Swap Meets, Indoor/Flea Markets - PC - U) Swap Meets,Recurring - ZA - Tattoo Establishments - PC - Travel Services P P P P = Permitted CO, CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use pen-nit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Vehicle Equipment/Sales & Services Automobile Rentals - L-8 L-8 L-12 Automobile Washing - ZA - (3707-6/05) Commercial Parking - ZA ZA (P) (3707-6/05) Service Stations - PC PC (E) Vehicle Equip.Repair - L-5 Vehicle Equip. Sales &Rentals ZA ZA - L-12 (35222/02) Vehicle Storage - ZA - (3707-W05) Visitor Accommodations Bed& Breakfast Inns PC PC PC (K) (3707.6ro5,3774-9107 subject to approval by the CA Coastal Commission) 09-2302/40580 3 Resolution No.2011-97 Ordinance No.3859 Hotels,Motels - PC PC (I) (3334E/97.3707-W5, 3774.9ro7-subject to approval by the CA Coastal Commission) Condominium—Hotel - - PC (Z) (3774-9107,3707-9ro7 subject to approval by the CA Coastal Commission) Fractional Ownership Hotel (3774-9107-subject to approval by the CA Coastal Commission) Quasi Residential (3334-f97 Timeshares - PC - (I)(J) (3334-M7,377a-9ro7 subject to approval by the CA Coastal Commission)) Residential Hotel - PC - (J) (3334-M7,3774-9107 subject to approval by the CA Coastal Commission)) Single Room Occupancy - PC - (3774-9ro7,3774-9107 subject to approval by the CA Coastal Commission)) Industrial (J)(Q)(R)(V) (3334-5197) Industry, Custom - L-6 L-6 Accessory Uses (J)(V) (333;-M7) Accessory Uses & Structures P/U P/U P/U Temporary Uses (F)(J)(V) (3334-r97) Animal Shows - TU - Circus and Carnivals and Festivals - TU - (3522-2r02) Commercial Filming, Limited - P P (N1) Real Estate Sales P P P (3522-2102,37076ro5) Retail Sales, Outdoor - TU TU (M) (3522-2/02) Seasonal Sales TU TU TU (M) (3522-2102) Tent Event - P - (3522-2ro2,3707-&05) Trade Fairs - P - (3707-&05) Nonconforming Uses (G)(J)(V) (3334-.m7) (Rest of page not used) 09 2302/40580 4 Resolution No.2011-97 Ordinance No. 3859 CO, CG,and CV Districts: Additional Provisions L-1 Permitted if the space is 5,000 square feet or less; allowed with Neighborhood Notification pursuant to Chapter 241 if the laboratory space exceeds 5,000 square feet. L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 5,000 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. (See Section 230.52 Emergency Shelters.) L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square feet. L-4 Permitted if greater than 300 feet from residential zone or use; if 300 feet or less from residential zone or use neighborhood notification is required pursuant to Chapter 241. L-5 Only "limited" facilities are allowed subject to approval of a conditional use permit from the Zoning Administrator, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer. L-6 Only "small-scale" facilities, as described in Use Classifications,are permitted with a maximum 7 persons employed full time in processing or treating retail products, limited to those sold on the premises. L-7 Repealed. L-8 On-site storage limited to two rental cars or two cars for lease. L-9 Public facilities permitted,but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 5,000 square feet or less; allowed with conditional use permit approval from the Zoning Administrator if space exceeds 5,000 square feet. In addition, Personal Enrichment uses within a retail building parked at a ratio of one (1) space per 200 square feet, shall require no additional parking provided the use complies with the following: • Maximum number.of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and • The instruction area does not exceed 75 percent of total floor area of the personal enrichment building area. 09-2302/40580 5 Resolution No.2011-97 Ordinance No.3859 L-I 1 Permitted if the space is 5,000 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 5,000 square feet. L-12 Permitted for existing facilities proposing to expand up to 20%of existing floor area or display area. L-13 For wireless communication facilities see Section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (A) Reserved. (B) See Section 230.40: Helicopter Takeoff and Landing Areas. (C) Repealed (D) See Section 230.38: Game Centers; Chapter 5.28: Dance Halls; Chapter 9.24: Card Rooms; Chapter 9.32: Poolrooms and Billiards; and Chapter 9.28: Pinball Machines. (E) See Section 230.32: Service Stations. (F) See Section 241.20: Temporary Use Permits (G) See Chapter 236:Nonconforming Uses and Structures. (H) For teen dancing facilities,bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28: Dancing Halls; Chapter 5.44: Restaurants- Amusement and Entertainment Premises, and Chapter 5.70: Adult Entertainment Businesses. (I) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided. (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level,and a conditional use permit from the Planning Commission or the Zoning Administrator is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway. (K) See Section 230.42:Bed and Breakfast Inns. (L) See Section 230.44: Recycling Operations. (M) Subject to approval by the Police Department,Public Works Department,Fire Department and the Director. See also Section 230.86 Seasonal Sales. 09-2302/40590 6 Resolution No.2011-97 Ordinance No.3859 (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: (1) Retail markets with no more than 10 percent of the floor area devoted to sales,display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. (2) Restaurants,Bars-and Liquor stores located 300 feet or more from any R or PS district,public or private school, church, or public use. (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (0) See Section 230.46: Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area;or additions equal to or greater than 50%of the existing building's floor area;or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased noise,traffic). (R) Projects within 500 feet of a PS District see Chapter 244. (S) See Section 230.48: Equestrian Centers (T) See Section 230.50: Indoor Swap Meets/Flea Markets (U) See Section 230.94: Carts and Kiosks (V) In the coastal zone,the preferred retail sales uses are those identified in the Visitor Serving Commercial land use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops,restaurants,hotels, motels,theaters, museums, and related services. (W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (X) Outdoor dining with alcohol sales shall be permitted with a conditional use permit to the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall be permitted without a conditional use permit. If over 400 square feet with no alcohol sales,Neighborhood Notification shall be required pursuant to Chapter 241. (Y) Neighborhood Notification requirements pursuant to Chapter 241. 09-2302/40580 7 Resolution No.2011-97 Ordinance No.3859 (Z) In the CV District, Condominium-Hotels and/or Fractional Interest Hotels are allowed only at the Pacific City(Downtown Specific Plan District 7)and Waterfront(Downtown Specific Plan District 9) sites. Refer to Downtown Specific Plan. SECTION 2. All other provisions of Chapter 211 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19 t h day of January ,200 2010. Af or ATTEST: APPROVED AS TO FORM: City Clerk q City Attorney �1W. REVIEt APPROVED: INITIATED AND APPROVED: City,Mnpstrator Director of lanning 09-2302/40580 8 Resolution No.2011-97 Ord. No. 3859 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on December 21,2009 and was again read to said City Council at a regular meeting thereof held on January 19,2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Hardy, Green,Bohr, Dwyer, Hansen NOES: None ABSENT: Coerper ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on January 28,2010. In accordance with the City Charter of said City 19 Joan L.Flypn,Ci1y Clerk Clerk and ex-offici Jerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No.2011-97 Resolution No.2011-97 ORDINANCE NO. 3860 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 212 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED I INDUSTRIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 212.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 212.04 IG and IL(Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in the I districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions"which follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. "P/U" for an accessory use means that the use is permitted on the site of a permitted use,but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this ordinance. Where letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use classifications under the heading. IG AND IL P - Permitted DISTRICTS: L - Limited(see Additional Provisions) LAID USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA- Conditional use permit approved by Zoning Administrator TU- Temporary Use Permit P/U-Requires conditional use permit on site of conditional use Not Permitted 09-2302/40628 1 Resolution No.2011-97 Ordinance No.3860 Additional IG IL Provisions Residential Group Residential PC PC (J) Public and Semipublic (A)(M) Community and Human Service Facilities P P (L) Day Care, General ZA ZA Heliports PC PC (0) Maintenance& Service Facilities ZA ZA Public Safety Facilities P P Religious Assembly ZA ZA Schools,Public or Private L-6 L-6 Utilities,Major PC PC Utilities,Minor L-7 L-7 (P) Commercial Uses (D)(M) Ambulance Services ZA ZA Animal Sales and Services Animal Boarding ZA ZA Animal Hospitals ZA ZA Artists' Studios P P Banks and Savings and Loans L-1 L-1 Building Materials and Services P P Catering Services - P Commercial Filming ZA ZA Commercial Recreation and Entertainment L-2 L-2 Communication Facilities L-12 L-12 Eating&Drinking Establishments L-3 L-3 w/Live Entertainment ZA ZA (S)(U) Food&Beverage Sales ZA ZA Hospitals and Medical Clinics - PC Laboratories P P Maintenance&Repair Services P P Marine Sales and Services P P Nurseries P P Offices,Business &Professional L-1 L-1 (H) IG AND IL P - Permitted DISTRICTS: L - Limited(see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA- Conditional use permit approved by Zoning Administrator TU- Temporary Use Permit P/U-Requires conditional use permit on site of conditional use Not Permitted 09-2302/40628 2 Resolution No.2011-97 Ordinance No.3860 Additional IG IL Provisions Personal Enrichment L-9 L-9 (U) Personal Services L-1 L-1 Quasi Residential PC PC (K) Research&Development Services P P Sex Oriented Businesses L-11 L-11 (regulated by HBMC Chapter 5.70) Sex Oriented Businesses PC PC (R) (regulated by HBMC Chapters 5.24 &5.60) Swap Meets,Indoor/Flea Markets PC PC (Q) Vehicle/Equipment Sales& Services Service Stations L-4 L-4 Vehicle/Equipment Repair P P Vehicle/Equip. Sales/Rentals L-5 L-5 Vehicle Storage P ZA (I) Visitor Accommodations ZA ZA Warehouse and Sales Outlets L-8 L-8 Industrial(See Chapter 204) (B)(M)(N) Industry, Custom P P Industry,General P P Industry, Limited P P Industry,R&D P P Wholesaling,Distribution& Storage P P Accessory Uses Accessory Uses and Structures P/U P/U (C) Temporary Uses Commercial Filming, Limited P P (T) Real Estate Sales P P Trade Fairs P P (E) Nonconforming Uses (F) IG AND IL Districts: Additional Provisions L-1 Only allowed upon approval of a conditional use permit by the Zoning Administrator for a mixed use project, subject to the following requirements: Minimum site area: 3 acres Maximum commercial space: 35 percent of the gross floor area and 50 percent of the ground floor area of buildings fronting on an arterial highway. 09-2302/40628 3 Resolution No.2011-97 Ordinance No.3860 Phased development: 25 percent of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet,the initial phase must include 5 percent of the total amount of industrial space or 50,000 square feet of industrial space, whichever is greater. L-2 Allowed upon approval of a conditional use permit by the Zoning Administrator when designed and oriented for principal use by employees of the surrounding industrial development or when designed for general public use,after considering vehicular access and parking requirements. L-3 Allowed upon approval of a conditional use permit by the Zoning Administrator when in a free-standing structure or as a secondary use in a building provided that no more than 20 percent of the floor area is occupied by such a use. L-4 Only stations offering services primarily oriented to businesses located in an I District are allowed with a conditional use permit by the Planning Commission. L-5 No new or used automobile,truck or motorcycle retail sales are permitted. L-6 Only schools offering higher education curriculums are allowed with conditional use permit approval by the Planning Commission. No day care, elementary or secondary schools are permitted. L-7 Recycling Operations as an accessory use are permitted; recycling operations as a primary use are allowed upon approval of a conditional use permit by the Zoning Administrator. L-8 Allowed upon conditional use permit approval by the Planning.Commission when a single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95%of the floor area and the remaining 5%may be occupied by secondary tenants. L-9 Permitted if the space is 5,000 square feet or less; allowed by Neighborhood Notification pursuant to Chapter 241 if the space is over 5,000 square feet. L-10 RESERVED L-11 Allowed subject to the following requirements: A. A proposed sex oriented business shall be at least five hundred feet(500') from any residential use, school,park and recreational facility,or any building used for religious assembly(collectively referred to as a "sensitive use")and at least seven hundred fifty feet(750') from another sex oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed sex oriented business to the lot line of the sensitive use or the other sex oriented business. The term "residential use" means any property zoned RL,RM,RMH,RH, RMP, and any properties with equivalent designations under any specific plan. To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot tine of the parcel of land on which the sex oriented business is proposed which includes all the proposed parking and: 09-2302/40628 4 Resolution No.2011-97 Ordinance No.3860 1. the lot line of any other sex oriented business within seven hundred fifty feet(750')of the lot line of the proposed sex oriented business; and 2. the lot line of any building used for religious assembly, school,or park and recreational facility within five hundred(500')feet of the lot line of the proposed sex oriented business; and 3. the lot line of any parcel of land zoned RL,RM,RMH, RH,and RMP and any parcels of land with equivalent designations under any specific plans within five hundred feet(500)of the lot line of the proposed sex oriented business. B. The front facade of the building, including the entrance and signage, shall not be visible from any major,primary or secondary arterial street as designated by the Circulation Element of the General Plan adopted May, 1996,with the exception of Argosy Drive. C. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building,the applicant shall submit application for Planning Department Staff Review of a sex oriented business zoning permit with the drawing described in subsection A, a technical site plan,floor plans and building elevations, and application fee. Within ten(10)days of submittal,the Director shall determine if the application is complete. If the application is deemed incomplete,the applicant may resubmit a completed application within ten(10) days. Within thirty days of receipt of a completed application,the Director shall determine if the application complies with the applicable development and performance standards of the Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: 1. Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site Standards; Chapter 231, Off-Street Parking&Loading Provisions; Chapter 232,Landscape Improvements; and Chapter 236,Nonconforming Uses and Structures. 2. Chapter 233.08(b), Signs. Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance Code except a. that such signs shall contain no suggestive or graphic language, photographs, silhouettes, drawings, statues,monuments, sign shapes or sign projections, or other graphic representations, whether clothed or unclothed, including without limitation representations that depict"specified anatomical areas" or "specified sexual activities"; and b. only the smallest of the signs permitted under Chapter 233.08(b) shall be visible from any major,primary or secondary arterial street, such streets shall be those designated in the Circulation Element of the General Plan adopted May, 1996,with the exception of Argosy Drive. 3. Compliance with Huntington Beach Municipal Code Chapter 5.70. 09-2302/40628 5 Resolution No.2011-97 Ordinance No.3860 D. The Director shall grant or deny the application for a sex oriented business zoning permit for a sex oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. E. Ten(10)working days prior to submittal of an application for a sex oriented business zoning permit for Staff Review,the applicant shall: (i) cause notice of the application to be printed in a newspaper of general circulation; and(ii) give mailed notice of the application to property owners within one thousand(1000') feet of the proposed location of the sex oriented business; and the City of Huntington Beach, Department of Community Development by first class mail. The notice of application shall include the following: 1. Name of applicant; 2. Location of proposed sex oriented business,including street address(if known) and/or lot and tract number; 3. Nature of the sex oriented business, including maximum height and square footage of the proposed development; 4. The City Hall telephone number for the Department of Community Development to call for viewing plans; 5. 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 staff review submittal; and 6. The address of the Department of Community Development. F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. G. A sex oriented business zoning permit shall become null and void one year after its date of approval unless: 1. Construction has commenced or a Certificate of Occupancy has been issued,whichever comes first; or 2. The use is established. H. The validity of a sex oriented business zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer. I. A sex oriented business zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. L-12 For wireless communication facilities see section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (A) Repealed. 09-2302/40628 6 Resolution No.2011-97 Ordinance No.3860 (B) A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use, or exterior alterations and additions for an existing use located within 150 feet of an R district. The Director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District.) (C) Accessory office uses incidental to a primary industrial use are limited to 10 percent of the floor area of the primary industrial use. (D) Adjunct office and commercial space,not to exceed 25 percent of the floor area of the primary industrial use, is allowed with a conditional use permit from the Zoning Administrator,provided that it is intended primarily to serve employees of the industrial use,no exterior signs advertise the adjunct use,the adjunct use is physically separated from the primary industrial use, any retail sales are limited to goods manufactured on-site,and the primary industrial fronts on an arterial. (E) See Section 241.22:Temporary Use Permits. (F) See Chapter 236:Nonconforming Uses and Structures. (H) Medical/dental offices,insurance brokerage offices,and real estate brokerage offices, except for on-site leasing offices, are not permitted in any I District. Administrative,management,regional or headquarters offices for any permitted industrial use,which are not intended to serve the public,require a conditional use permit from the Zoning Administrator to occupy more than 10 percent of the total amount of space on the site of the industrial use. (I) Automobile dismantling, storage and/or impound yards may be permitted subject to the approval of a conditional use permit by the Planning Commission and the following criteria: (a) The site shall not be located within 660 feet of an R district. (b) All special metal cutting and compacting equipment shall be completely screened from view. (c) Storage yards shall be enclosed by a solid 6-inch concrete block or masonry wall not less than 6 feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (d) Items stacked in the storage yard shall not exceed the height of the screening walls or be visible from adjacent public streets. (J) Limited to facilities serving workers employed on-site. (K) Limited to: Single Room Occupancy uses (See Section 230.46). (L) Limited to Emergency Shelters(See Section 230.52 Emergency Shelters). 09-2302/40628 7 Resolution No.2011-97 Ordinance No.3860 (M) Development of vacant land and/or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50%of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning - Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased noise,traffic). (N) Major outdoor operations require conditional use permit approval by the Planning Commission. Major outside operations include storage yards and uses utilizing more than 1/3 of the site for outdoor operation. (0) See Section 230.40: Helicopter Takeoff and Landing Areas. ( � See Section 230.44: Recycling Operations. (Q) See Section 230.50: Indoor Swap Meets/Flea Markets (R) See L-I I(A)relating to locational restrictions. (S) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (T) Subject to approval by the Police Department, Public Works Department, and Fire Department and the Planning Director. (U) Neighborhood notification requirements when no entitlement required pursuant to Chapter 241. SECTION 2. All other provisions of Chapter 212 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of January ,2QQ 2010. Ilea; Yo ATTEST: APPROVED AS TO FORM: City Clerk. City Attorney fit REVIE D APPROVED: INITIA D AND APPROVED: Cif nistrator Dir ctor of Flanning 09-2302/40628 8 Resolution No.2011-97 Ord. No. 3860 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on December 21,2009, and was again read to said City Council at a regular meeting thereof held on January 19,2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, ,Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: Coerper ABSTAIN: None L Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on January 28,2010.. In accordance with the City Charter of said City uh, dJoan L.Flynn,Cily Clerk Clerk and ex-offici lerk k` Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No.2011-97 Resolution No.2011-97 ORDINANCE NO. 3861 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED SITE STANDARDS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 230.52 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 230.52 Emergency Shelters Emergency Shelters may be permitted subject to the following requirements: A. A single Emergency Shelter for 50 occupants, or a combination of multiple shelters with a combined capacity not to exceed 50 occupants, shall be permitted. Religious Assembly uses within an Industrial zone may establish Emergency Shelters for up to 30 occupants provided they meet the minimum development standards of the zone in which they are located. B. Stays at the Emergency Shelter facility shall be on a first-come first-serve basis with clients housed on-site. Clients must vacate the facility by 8:00 am each day and have no guaranteed bed for the next night. C. Maximum stay at the facility shall not exceed 120 days in a 365-day period. D. A minimum distance of 300 feet shall be maintained from any other Emergency Shelter, as measured from the property line. E. An on-site client intake and waiting area shall be provided in a location not adjacent to the public right-of-way, be fully screened from public view, and provide consideration for weather events including shade and rain cover. The waiting area shall contain a minimum area of 10 square feet per bed. F. Any provision of on-site outside storage shall be fully screened from public view.. G. Exterior lighting shall be provided for the entire outdoor area of the site consistent with the Huntington Beach Zoning and Subdivision Ordinance. H. A minimum of one staff person per 15 beds shall be awake and on duty during facility hours of operation. I. On-site parking shall be provided at the ratio of 1 space per staff member,plus 1 space for every five (5)beds and an additional 1/2 space for each bedroom designated for families with children. J. A Safety and Security Plan shall be submitted to the Director of Planning for review and approval. The site-specific Safety and Security Plan shall describe the following: 09-2302/407853 1 Resolution No.2011-97 Ordinance No. 3861 L Both on and off-site needs, including, but not limited to, the separation of individual male and female sleeping areas, provisions of family sleeping areas, and associated provisions of management. 2. Specific measures targeting the minimizing of client congregation in the vicinity of the facility during hours that clients are not allowed on-site. Goals and objectives are to be established to avoid disruption of adjacent and nearby uses. 3. Provisions of a system of management for daily admittance and discharge procedures. 4. Any counseling programs are to be provided with referrals to outside assistance agencies, and provide an annual report on a facility's activity to the City. 5. Clients are to be appropriately screened for admittance eligibility. 6. Refuse collections schedule to provide the timely removal of associated client litter and debris on and within the vicinity of the facility. K. A proposed Emergency Shelter offering immediate and short-term housing may provide supplemental services to homeless individuals or families. These services may include,but are not limited to,the following: 1. An indoor and/or outdoor recreation area. 2. A counseling center for job placement,educational,health care,legal or mental services, or similar services geared toward homeless clients. 3. Laundry facilities to serve the number of clients at the shelter. 4. Kitchen for the preparation of meals. 5. Dining hall. 6. Client storage area(i.e. for the overnight storage of bicycles and personal items). SECTION 2. All other provisions of Chapter 230 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective 30 days after its adoption. 09-2302/407853 2 Resolution No.2011-97 Ordinance No. 3861 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of January ,20@ 2010. Aw/-j a r ATTEST: APPROVED AS TO FORM: Cit Clerk City Attorney Y REVIE D APPROVED: INITIA ED AND APPROVED: / C' inistrator EiIrLfof of Planning 09-2302/407853 3 Resolution No.2011-97 Ord. No. 3861 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach,and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on December 21,2009 and was again read to said City Council at a regular meeting thereof held on January 19,2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio,Hardy, Green, Bohr, Dwyer,Hansen NOES: None ABSENT: Coerper ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on January 28,2010. In accordance with the City Charter of said City o ( Joan L.Flypn,Qi1y Clerk CVy Clerk and ex-officio Jerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No.2011-97 Resolution No.2011-97 Resolution No.2011-97 ORDINANCE NO 3881 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 233 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO SIGNS The City Council of the City of Huntington Beach does hereby ordain as follows SECTION 1 Section 233 08 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows 23308 Exempt Signs The following signs are exempt from the sign permit requirements of Section 233 04 These signs shall not be restricted by content and no fee permit or application is required A Cornerstones (including names of buildings and dates of erection) and citations that are made an integral part of the structure B Signs not exceeding 0 5 square feet each posted by commercial establishments C Flags posted by any governmental agency D Signs posted by neighborhood safety organizations E Notices posted by a utility or other quasi public agent in the performance of a public duty F Signs or notices posted by any court, public body or officer G Signs posted by property owners on private property, as required by law(including no trespass and legal notices) H One sign,not over six(6) square feet in area,may be posted at each door,loading dock, or other entrance facing a public street I One double faced sign per each commercial parking entrance,not exceeding two (2) square feet in area and four(4) feet in height J Signs erected by a public agency K Signs manufactured as a standard, integral part of a mass produced product accessory or display structure including telephone booths,vending machines, automated teller machines, and gasoline pumps L Signs within a building not visible from a public street and window signs not exceeding 20 percent of the visible area of a window(50% during December) No window sign shall be displayed above the second story 08 1668 002/47120 1 Resolution No.2011-97 Ordinance No 3881 M Signs required by the Americans with Disabilities Act(ADA) N Two (2) signs (including but not limited to street numerals and no solicitation notices),not exceeding two(2) square feet each placed on any part of a building facing a public street O Temporary signs Temporary signs are permitted where the property owner has granted permission for its display Temporary signs are permitted in public nghts-of- way,but not permitted in street medians or dividers This signage shall not be restricted by content but is usually and customarily used to advertise real estate sales political or ideological positions,garage sales, and home construction or remodeling etc In addition, signage shall be pemutted as follows SITE TYPE MAXIMUM MAXIMUM �MAXUVIUM CRITERIA NUMBER SIGN AREA SIGN OTHER STANDARDS HEIGHT Election Sens or F/S N/A N/A N/A 1 Cannot create traffic or safety hazards Political Signs or Wall 2 May be erected no more than seventy five (75)days prior to an election and must be removed within fifteen(15)days after an election Real Estate Residential F/S One per 8 sq ft 6 ft I Cannot create traffic or safety hazards or site Wall 2 May be erected no earlier than the date the property is placed on the market for sale lease or rental and is removed immediately after the sale lease or rental of the property which is defined as the close of escrow or execution of lease or rental agreement 3 No sign may be attached to the perimeter walls of residential communities Real Estate F/S 1 per site 20 sq ft loft 1 Cannot create traffic or safety hazards or Commercial Wall 12 ft 2 May be erected no earlier than the date the Office Dist property is placed on the market for sale lease or rental and is removed immediately after the sale lease or rental of the property which is defined as the close of escrow or execution of lease or rental agreement Real Estate F/S 1 per site 30 sq ft 12 ft 1 Cannot create traffic or safety hazards or Commercial Wall 2 May be erected no earlier than the date the Industrial property is placed on the market for sale lease or rental and is removed immediate) 08 1668 002/47120 2 Resolution No.2011-97 Ordinance No 3881 after the sale lease or rental of the property which is defined as the close of escrow or execution of lease or rental agreement Real Estate F/S I per site 20 sq ft loft 1 Cannot create traffic or safety hazards or All other Wall 2 May be erected no earlier than the date Districts the property is placed on the market for sale lease or rental and is removed unmediately after the sale lease or rental of the property which is defined as the close of escrow or execution of lease or rental agreement 3 Sign shall not be attached to the perimeter walls of residential communities Construction F/S 1 per site 32 sq ft None 1 Is erected no earlier than the date a Signs or building permit is issued for the property Wall and is removed prior to issuance of a certificate of occupancy or final inspection whichever comes first ,Open House F/S 1 per site 6 sq ft 4 ft I Sign must be displayed adjacent to the Signs or entrance of a property or in the case of a Wall residential subdivision at the immediate points of access to the property from an arterial and is removed by sunset on any day it is erected 2 Placement shall not be in street medians dividers on street signs traffic control devices and shall not obstruct the public right of way Open House Flags 3 per site 2 5 sq ft 6 ft 1 Must be displayed at the immediate points Sign of access to a property or in the case of a residential subdivision from the immediate point of access from an arterial Pennants 30 sq ft I Must be placed on light standards located on private property 2 Must have an eight(8)foot clearance from the ground 3 Must be removed within five(5)business days of the completion of the City sponsored event or theme 08 1668 002/47120 3 Resolution No. 2011-97 Ordinance No 3881 SECTION 2 This ordinance shall become effective 30 days after its adoption PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19 th day of July , 2010 ayo ATTEST APPROVED AS TO FORM City Clerk City Attorney -' d REV&APPROVED INITIA AND APPROVED bqltf dmimstrator Director f 08 1668 002/47120 4 Resolution No.2011-97 Ord No 3881 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) I,JOAN L FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven,that the foregoing ordinance was read to said City Council at a regular meeting thereof held on July 6,2010, and was again read to said City Council at a regular meeting thereof held on July 19,2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council AYES Carchio, Hardy, Green, Bohr,Dwyer,Hansen NOES None A13SENT Coerper ABSTAIN None 1 Joan L Flynn CITY CLERK of the City of Huntington Beach and ex officio Clerk of the City Council do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on July 29 2010 In accordance with the City Charter of said City Joan L Flynn,Cily Clerk ay Clerk and ex-officAPlerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No.2011-97 Resolution No.2011-97 Resolution No.2011-97 Resolution No. 2011-97 ORDINANCE NO. 3927 (PLANNING CON \41SSION RECONIMENDATION) AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 233 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO SIGNS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Subsection O. of Section 233.08 of Chapter 233 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 233.08 Exempt Signs The following signs are exempt from the sign permit requirements of Section 233.04. These signs shall not be restricted by content and no fee, permit or application is required: (3334-6/97,3826- 4/09) A. Cornerstones (including names of buildings and dates of erection), and citations that are made an integral part of the structure. (3334-6/97,3826-4/09) B. Signs not exceeding 0.5 square feet each posted by commercial establishments. (3334-6/97,3826-4/09) C. Flags posted by any governmental agency. (3334-6/97,3826-4/09) D. Signs posted by neighborhood safety organizations. (3334-6/97,3826-4/09) E. Notices posted by a utility or other quasi-public agent in the performance of a public duty. (3334-6/97,3826-4/09) F. Signs or notices posted by any court, public body or officer. (3334-6/97,3826-4/09) G. Signs posted by property owners on private property, as required by law(including no trespass and legal notices). (3334-6/97,3826-4/09) H. One sign, not over six (6) square feet in area,may be posted at each door, loading dock, or other entrance facing a public street. (3334-6/97,3826-4/09) I. One double-faced sign per each commercial parking entrance, not exceeding two (2) square feet in area and four(4) feet in height. (3334-6/97,3826-4/09) J. Signs erected by a public agency. (3334-6/97,3826-4/09) K. Signs manufactured as a standard, integral part of a mass-produced product accessory or display structure including telephone booths,vending machines, automated teller machines, and gasoline pumps. (3334-6/97,3826-4/09) 69662 PC Ordinance 1 Ordinance No. 3927- Resolution No. 2011-97 L. Signs within a building not visible from a public street and window signs not exceeding 20 percent of the visible area of a window(50% during December). No window sign shall be displayed above the second story. (3334-6/97,3360-12/97,3826-4/09) M. Signs required by the Americans with Disabilities Act(ADA). (3360-12/97,3826-4/09) N. Two (2) signs (including, but not limited to, street numerals and "no solicitation" notices),not exceeding two (2) square feet each, placed on any part of a building facing a public street. (3334-6/97,3826-4/09) O. Temporary signs. Temporary signs are permitted where the property owner has granted permission for its display. Temporary signs are permitted in public rights- of-way,but not permitted in street medians or dividers. This signage shall not be 'restricted by content, but is usually and customarily used to advertise real estate sales, political or ideological positions, garage sales, and home construction or remodeling, etc. In addition, signage shall be permitted as follows: (3334-6/97,3826- 4/09,3881-8/10) * * k wwr kSITE Y TYPEg .riXIlVI �11IM MAXIS CRITERIA � � UM MUM OTHER SAND r r i NL7IBEkIGNSIG1�T ; Election Signs or F/S N/A N/A N/A 1. Cannot create traffic or safety hazards. Political Signs or Wall 2.Political signs may be posted no sooner than 50 days before an Election Day and must be taken down no later than 10 days following the Election Day. Signs on public property may be removed by anyone beginning the Friday (3881-8/10) after Election Day. (3826-4/09 Real Estate Residential F/S One per 8 sq.ft. 6 ft. 1. Cannot create traffic or safety hazards. or site Wall 2. May be erected no earlier than the date the property is placed on the market for sale,lease or rental,and is removed immediately after the sale,lease,or rental of the property which is defined as the close of escrow or execution of lease or rental agreement. 3. No sign may be attached to the perimeter walls of residential communities. (3826-4/09) 69662 PC Ordinance 2 Ordinance No. 3927 Resolution No. 2011-97 Real Estate F/S 1 per site 20 sq.ft. 10 ft. 1.Cannot create traffic or safety hazards. or Commercial Wall 12 ft. 2. May be erected no earlier than the date the property is Office Dist. placed on the market for sale,lease or rental,and is removed immediately after the sale,lease,or rental of the property which is defined as the close of escrow or execution of lease or rental agreement. (3826-4/09) Real Estate F/S 1 per site 30 sq.ft. 12 ft. 1.Cannot create traffic or safety hazards. or Commercial Wall 2. May be erected no earlier than the date the property is Industrial placed on the market for sale,lease or rental,and is removed immediately after the sale,lease,or rental of the property which is defined as the close of escrow or execution of lease or rental agreement. (3826-4/09) Real Estate F/S 1 per site 20 sq.ft. 10 ft. 1.Cannot create traffic or safety hazards. or All other Wall 2. May be erected no earlier than the date the property Districts is placed on the market for sale,lease or rental,and is removed immediately after the sale,lease,or rental of the property which is defined as the close of escrow or execution of lease or rental agreement. 3.Signs shall not be attached to the perimeter walls of residential communities. (3826-4/09) Construction F/S 1 per site 32 sq.ft. None 1. Is erected no earlier than the date a building permit is Sins or issued for the property,and is removed prior to issuance Wall of a certificate of occupancy or final inspection,whichever comes first. (3826-4/09) Open House F/S 1 per site 6 sq.ft. 4 ft. 1. Sign must be displayed adjacent to the entrance Signs or of a property or in the case of a residential subdivision Wall at the immediate points of access to the property from an arterial,and is removed by sunset on any day it is erected. 2. Placement shall not be in street medians, dividers, on street signs,traffic control devices and shall not obstruct the public right-of-way. (3826-4/09 Open House Flags 3 per site 2.5 sq.ft. 6 ft. 1. Must be displayed at the immediate points of access to a Sign property or,in the case of a residential subdivision,from the immediate point of access from an arterial. (3826-4/09) 69662 PC Ordinance 3 Ordinance No. 3927 Resolution No. 2011-97 Pennants 30 sq.ft 1. Must be placed on light standards located on private property. 2. Must have an eight(8)foot clearance from the ground. 3. Must be removed within five(5)business days of the completion of the City-sponsored event or theme. (3826-4/09 SECTION 2. All other provisions of Chapter 233 not amended hereby remain in full force and effect. SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of 1�ecember , 20 11• 10 Mayor ATTEST: s INITIATE D 4PPROV D: City Clerk Di ctor o Planning and Building REVIE D APPROVED: APPROVED AS TO FORM: "'L y P7ager > � �' Ci y Attorney 69662 PC Ordinance 4 Resolution No. 2011-97 Ord. No. 3927 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) a• I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on November 21, 2011, and was again read to said City Council at a regular meeting thereof held on December 19,2011, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on December 29,2011. In accordance with the City Charter of said City :-� Joan L. Flynn, Qfty Clerk CiV Clerk and ex-officio erk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No.2011-97 Resolution No.2011-97 Resolution No.2011-97 ORDINANCE NO. 3909 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 203 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO DEFINITIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The definition of the term"kennel"as set forth in Section 203.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: Kennel. Any premises where four or more dogs or cats at least four months of age are kept or maintained for any purpose,except veterinary clinics and hospitals. For purposes of this section, a detached single-family residence with a maximum of four dogs shall not be considered a kennel when at least one of the dogs is a specially-trained guide dog, signal dog or service dog, as defined in Penal Code Section 365.5, and complies with Section 7.12.160 of the Huntington Beach Municipal Code. SECTION 2. Except as amended herein, all other provisions of Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinance remain as currently worded. SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of March 2011_. e ATTEST: APP OVEDAS TO FORM: City Clerk VCAy Attorney D t0 %a4 110 �a .13• /U REVIE APPROVED: INITIATED AND APPROVED: IX Cffy inistrator "-Chief—of Police �—lX0 10-2594.003/52958 Resolution No.2011-97 Ord. No. 3909 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN,the duly elected,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on February 22,2011,and was again read to said City Council at a regular meeting thereof held on March 07,2011, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Shaw, Harper,Hansen, Carchio, Bohr, Dwyer,Boardman NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on March 17,2011. In accordance with the City Charter of said City ° ��Joan L.Flynn,Qfty Clerk Cy Clerk and ex-officio Verk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Resolution No.2011-97 Resolution No.2011-97 Resolution No.2011-97 ORDINANCE NO. 3874 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING DISTRICT MAPS 1Z, 2Z, 12Z, 13Z, 14Z, 15Z, 17Z, 25Z,26Z,27Z,30Z, 31Z, 39Z, AND 40Z OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE FOR REAL PROPERTY WITHIN THE BEACH AND EDINGER CORRIDORS SPECIFIC PLAN PROJECT(SP 14)ZONING MAP AMENDMENT NO. 08-002 WHEREAS, pursuant to California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Map Amendment No. 08-002, which establishes the Beach and Edinger Corridors Specific Plan(SP 14); and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council has determined that the aforesaid amendment is proper and consistent with the General Plan, NOW, THEREFORE, the City Council of the City of Huntington Beach hereby ordains as follows: 1. That the real property that is the subject of this ordinance is generally known as the Edinger Avenue and Beach Boulevard corridors, and is more particularly described in the map attached hereto as Exhibit A and incorporated herein by this reference. 2. That the Zoning Map of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to reflect Zoning Text Amendment No. 08-002 (establishing the Beach and Edinger Corridors Specific Plan SP 14) adopted by separate Resolution, and Zoning Map Amendment No. 08- 002 as described herein. The Director of Planning and Building is hereby directed to prepare and file amended maps for District Maps 1Z, 2Z, 12Z, 13Z, 14Z, 15Z, 17Z, 25Z, 26Z, 27Z, 30Z, 31Z, 39Z, and 40Z of the Huntington Beach Zoning and Subdivision Ordinance. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the I5th day of March . , 2010 ay ATTEST: INITIATED AND APPROVED: Ize�1.& -- 4 —6Ci Cierk Director of Planning and Bu ding REVIE APPROVED: OVED AS TO FORM: City PAYtrator er"�'�� f V)-(� Attorney AV 1-/ - b ATTACHMENT: Exhibit A-Beach and Edinger Corridors Specific Plan Map 09-2348/42577 Resolution No. 2011-97 Ordinance No. 3874 • '�I�t' '��It9i'"� � 5 �i �3,S�aT�3 a��a?ItAI' fi;�'n '� �, ��-.,I;. 17�JJJ a sa E•{"in"'I cf a3 irtc � c t'tt� 77n{7 ( �Y�H�,•,y- S2^•i e , a :�,'�'1 A 3�^'� I I e Ittl II" t • I 1 l 1II r7. @ �_3°:°S i u S� 19�i }'7�;`,' '.�i �,t 7t •r - � 2E��111'� �_g9:�grygi��t8�`••_\3•? Tr '��G.� s7 ' I�'l4ib�cIS �S3'7'-€�t'� 11 _ _. �2 ° •� '{7917Ci n ° ■ 3 � _ .n". 1 vi m■ 1' ; r.,,,tr y�•3l%. 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I�•,,�i �= 1_ I ��i'"III �...I TH 1141 �t�arYnlG ter-, Resolution No.2011-97 Ord. No. 3874 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach,and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on March 1,2010,and was again read to said City Council at a regular meeting thereof held on March 15,2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Coerper,Bohr, Dwyer, Hansen NOES: Hardy, Green ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on March 25,2010. In accordance with the City Charter of said City Joan L. Flynn,Ci1y Clerk Cuy Clerk and ex-offici Jerk awl 1�§-Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Res. No. 2011-97 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on December 19, 2011 by the following vote: AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman NOES: None ABSENT: None ABSTAIN: None "J4 Cftyr Clerk and ex-officio 6Jerk of the City Council of the City of Huntington Beach, California