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HomeMy WebLinkAboutFourth Dog Ordinance - Service Dogs Zoning Text Amendment 10 P OOF OF - _ CITY OF PUBLICATION HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.3909 Adopted by the Cityy Council on MARCH:7,2011., STATE OF CALIFORNIA) "AN ORDINANCE IN THE . CITY OF ,'HUNTINGTON BEACH A'MEND'I.NG CHAPTER 203 OF, THE ! SS, HUNTINGTON .BEACH COUNTY SUBDIVI- SION ORDNANCE RE- � EATING TO• DEFINI- TIONS" SYNOPSIS: ' THE APPROVAL OF ZTA I am a citizen of the United States and a 1 1 0 -;o N 5 A N D _AMENDMENTS -TO, THE ' resident of the County aforesaid I am HUNTINGTON BEACH MUNICIPAL;CODE WERE over the age of eighteen years and not RECOMMENDED BY STAFF AND.THE PLAN a party to or interested in the notice CAU COMMISSION BE CAUSE: published. I am a principal clerk of the 1) THE AMENDMENTS ALLOW RESIDENTS OF HUNTINGTON BEACH INDEPENDENT DETACHED .SINGLE- o FAMILY DWELLINGS which was adjudged a news paper Of ,NERD FOR A SPECIALLY- general circulation on August 24, 1994 TRAINED ,SERVICE.DOG ! e TO 'ENJ OY 'THE'`SAME case A50479, for the City of Huntington BENEFITS. AS OTHER RESIDENTS THAT' CAN Beach, County of Orange' and the .State HAVE- UP TO THREE ' DOGS AS PETS WHILE- ACCOMMODATING California: Attached to this Affidavit is ACCOMMODATING FOR THE,SPECIFIC NEEDS OF !i a true and complete co a$ was printed THOSE INDIVIDUALS BY p copy p ALLOWING: A, FOURTH I and published on the.following date(s): DOG AS AREQUIR DOG: EQU 2) BY; R IRING A' r •, RESIDENTIAL -ANIMAL j PERMIT AND-.LIMITING, THE ALLOWANCE FOR FOUR DOGS IN .RESI- DENTIAL AREAS ON, March 17, 2011 PROPERTIES WITH TACHED SINGLE-FAMILY ,I RESIDENCES ONLY,,PO- TENTIAL' FOR NOISE, ODOR, AND MAINTEN- ANCE ISSUES ARE MINI certify (or declare) under penalty of - D. 8) TH THE' AMENDMENTS j perjury that the foregoing is true and REQUWITH E COMPLIANCE i WITH THE CALIFORNIA I correct. PENAL CODE TO EN SURE THAT ONE OF THE i FOUR DOGS MEETS:THE,i REQUIREMENTS OF .A i `SERVICE, SIGNAL, •OR GUIDE.DOG AS DEFINED BY EXISTING 'STATE Executed on March 18, 2011 LAW:' i PASSED AND ADOPTED at Costa Mesa, California I by the City Council the City of Huntingtonn Beach 'at a :regular meeting held March' 7,. 2011'by the,following roll call vote: AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer,Boardman NOES:None ABSTAIN:None ABSENT:NoneTHE FULLTEXT OF Signat ORDINANCE IS AVAILS. ABLE IN THE CITY I CLERK'S,OFFICE. This ordinance is.effec-I tive 30 .days after adoption. CITY OF HUNTINGTON BEACH' 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714=536=5227 I JOAN L.FLYNN,. . CITY CLERK ` Published"Huntington Beach 'Independent March 17,2011 033-599 PROOFOF PUBLICATION STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS.) ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the ; CITY OF + HUNTINGTON BEACH INDEPENDENT, HUNTINGTONBEACHNOCE f which was adjudged a newspaper of ! ORDINEANCEGM NnO'3910, general circulation on August 24, 1994 f ci yCou„ilon case A50479, for the City of Huntington MARCHT E O T Beach, CountyOf "AN ORDINANCE IN THE T Orange, and the State CITY OF HM E N D TON_ THE California. Attached t0 this.Affidavit is BEACH A M E N D I N G'. 3} THE AMENDMENTS CHAPTER ON OF THE REQUIRE, COMPLIANCE HUNTINGTON BEACH WITH, THE, CALIFORNIA a true and COn1piete.COr� MUNICIPAL, CODE RE- PENAL CODE .TO 'EN- h Y as was printed. LATING TO MISCELLA- SURE THAT ONE OF THE and published On the fOIIOWIng date($). NEOUS ANIMAL CARE FOUR DOGS MEETS THE CONTROL"' REQUIREMENTS. OF A SYNOPSIS: SERVICE, SIGNAL, OR THE APPROVAL OF ZTA GUIDE DOG AS DEFINED 1 0 - .0 0 5 A N D BY' EXISTING, STATE AMENDMENTS TO' THE LAW. March 17, 2011 HUNTiNGTON BEACH PASSED AND ADOPTED, MUNICIPAL CODE.WERE by the City Council:of I RECOMMENDED BY the City of Hdritington' STAFF AND,THE PLAN' Beach at- a. regular NING•COMMISSION BE-, meeting held March 7, CAUSE: 2011 by the following 1) THE AMENDMENTS' roll call vote: certify (or declare) under penalt Of ALLOW RESIDENTS OF' AYES: Shaw, Harper, y DETACHED SINGLE- Hansen, Carchio, Bohr, Y FAMILY DWELLINGS Dwyer;Boardman Perjury that the foregoing is true and WITH A LEGITIMATE NOES:None correct, NEED FOR SERVICE ERV C ABSTAIN:None i TRAINEDD .SERVI DOG DOG ABSENT:None TO ENJOY THE SAME; THE FULL TEXT OF,THE BENEFITS AS OTHER ORDINANCE .IS AVAIL- RESIDENTS THAT CAN, ABLE IN- THE. CITY ; HAVE UP TO THREE CLERK'S OFFICE. DOGS AS PETS WHILE This ordinance is effot- i Executed on March 24, 2011 THE SPECIIFACCDC N EDS OF' I ado `ptionon. days -cftIf ado er at Costa Mesa, California THOSE INDIVIDUALS;BY CITY OF ALLOWING A FOURTH HUNTINGTON BEACH, DOG AS.A SERVICE DOG. 2000 MAIN STREET 2) BY REQUIRING A 'HUNTINGTON BEACH, RESIDENTIAL ANIMAL CA92648 PERMIT AND LIMITING 714-536-5221 THE ALLOWANCE FOR IOAN L.FLYNN, FOUR DOGS IN REST- CITY CLERK / r DENTERT ON AREAS PROPERTIES, WITH DE-ON -Published Huntington TACHED SINGLE-FAMILY- Beach. Indepen -600 RESIDENCES ONLY, PO- March 17,2011 033 60D Slgnatu TENTIAL FOR NOISE, - ODOR; AND MAINTEN- ANCE ISSUES ARE-MINI- i -MIZED. City of Huntington Beach 2000. Main Street Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK A40. JOAN L. FLYNN CITY CLERK February 28, 2011 City of Huntington Beach Planning Department 2000 Main Street Huntington Beach, CA 92648 Subject: Zoning Text Amendment No. 10-005 (Fourth Dog Ordinance) Request: To amend Chapter 203.06 (Definitions) of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and amendments to Huntington Beach Municipal Code (HBMC) Sections 7.12.150 (Kennels) and 7.12.160,(Residential Animal Permit) to allow property owners and tenants of detached single-family residences to have a maximum of four dogs provided that one of the dogs is a specially-trained service, signal or guide dog. On Tuesday, February 22, 2011 the Huntington Beach City Council conducted a public hearing and approved Zoning Text Amendment No. 10-005 with findings for approval, approved for introduction Ordinance No. 3909 to amend Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinance relating to definitions, and approved for introduction Ordinance No. 3910 amending Chapter 7.21 of the Huntington Beach Municipal Code relating to miscellaneous animal control. Page 6 of the February 22, 2011 Action Agenda and the Findings for Approval are enclosed. If you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, toan . Flynn, CMC City Clerk Encl. Page 6 February 22, 2011 Action Agenda ZTA 10-005 Findings for Approval c: Scott Hess, Director of Planning and Building Michael Fuentes, Senior Code Enforcement Officer Jennifer Villasenor, Associate Planner Sister Cities: Anjo, Japan o Waitakere, New Zealand (Telephone:714-536-5227) February 22,2011 'age 6 of 8 11. Approve a Request for Proposal (RFP) process to seek qualified vendors to construct and operate a dog washing facility at Dog Beach Recommended Action: Approve a Request for Proposal (RFP) Process to seek qualified vendors to construct and operate a dog washing facility at Dog Beach. Approved 5-9-9 (Boardman No, Dwyer absent) 12. Adopt Ordinance No. 3907 to amend the Huntington Beach Municipal Code by deleting Chapter 2.16 relating to the duties of the City Treasurer, and amending Section 2.15 relating to the duties of the Finance Department. Approved for introduction February 7, 2011 Recommended Action: Adopt Ordinance No. 3907, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code By Deleting Chapter 2.16 and Amending Chapter 2.15 Relating to the Duties of the Finance Department." Approved 6-0-9 (Dwyer absent) 13. Adopt Ordinance No. 3911 to amend the Huntington Beach Municipal Code by consolidating the duties of the Finance Board and the Investment Advisory Board as Recommended by the City Council Intergovernmental Relations Committee (IRC). Approved for introduction February 7, 2011 Recommended Action: Adopt Ordinance No. 3911, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by deleting Chapter 2.110 and Amending Chapter 2.109 relating to the Finance Board." Approved 6-0-1 (Dwyer absent) PUBLIC HEARING 14. Adopt Resolution No. 2011-12 amending the City-Wide User Fee Schedule for Fire Department User Fees and appropriate funding for a temporary part-time Fire Prevention Inspector position Recommended Action: A) Adopt Fee Resolution 2011-12, "A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 2009731 Entitled `A Resolution of the City Council of the City of Huntington Beach Establishing a Citywide User Fee Schedule and Repealing Resolution No. 2007-58 and All Supplemental Resolutions Thereto' (Supplemental Fee Resolution No. 6)" amending the Fire Department User Fee Schedule; and, B) Authorize the City Manager to appropriate funds as needed to support the part-time position. Approved 6-0-9 (Dwyer absent) ZONING TEXT AMENDMENT NO. 10-006 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because it is a minor zoning text amendment which does not change development standards, intensity, or density of any zoning district. FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 10-005: 1. Zoning Text Amendment No. 10-005 would amend Section 203.06 — Definitions of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to revise the definition of a kennel. The amended definition would exclude detached single-family residences with a maximum of four dogs from being classified as a kennel provided that one of the four dogs is a specially-trained service, signal or guide dog as defined in Section 365.5 of the California Penal Code. The amendment is consistent with goals, policies and objectives of the Air Quality, Housing and Noise Elements of the General Plan. These goals, policies and objectives provide for the preservation of the quality of established residential neighborhoods, the minimization of noise and air impacts on sensitive residential uses, and equal opportunities for all residents. 2. The Zoning Text Amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning districts for which it is proposed. Kennels, which are defined as the keeping of four or more dogs on a premises, are classified as a commercial land use and are not permitted in any residential zoning district. The proposed amendment would allow property owners and tenants of detached single-family residences to have a maximum of four dogs provided that one of the dogs is a specially-trained service, signal or guide dog necessary to assist residents with their daily activities. The amendment would exclude residences that meet these requirements from being classified as a kennel, which would remain a prohibited use in residential zoning districts. 3. A community need is demonstrated for the change proposed. The Zoning Text Amendment will allow residents that require a service, signal or guide dog to assist them in their daily activities to have a maximum of four dogs so that they may be afforded the same allowance as other residents to have up to three dogs while accommodating for the specific needs of those residents by allowing a fourth dog. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The proposed amendment would allow residents of detached single-family dwellings with a legitimate need for a specially-trained service dog to enjoy the same benefits as other residents that can have up to three dogs as pets while accommodating for the specific needs of those individuals by allowing a fourth dog as a service dog. Also, by limiting the allowance for a maximum of four dogs to detached single-family dwellings, the quality of established residential neighborhoods would be preserved by minimizing potential noise, odors, and maintenance issues on surrounding residences. A-P6,1694-b a1 W.C770a) &I ' �1_51 Council/Agency Meeting Held: X 0 Deferred/Continued to: OPrr--b _3/':-L,-xa *App ve ❑ Conditionally Approved ❑ Denied 11-V_. ty C 's Sig tune Council Meeting Date: February 7, 2011 Department ID Number: PL 11-002 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Planning and Building SUBJECT: Approve for introduction Ordinance No. 3909 approving Zoning Text Amendment No. 10-005; and, approve for introduction Ordinance No. 3910 approving Municipal Code amendments regarding Kennels and Residential Animal Permits (Fourth Dog Ordinance) Statement of Issue: Transmitted for your consideration is Zoning Text Amendment No. 10-005, amending Chapter 203.06 (Definitions) of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and amendments to Huntington Beach Municipal Code (HBMC) Sections 7.12.150 (Kennels) and 7.12.160 (Residential Animal Permit) to allow property owners and tenants of detached single-family residences to have a maximum of four dogs provided that one of the dogs is a specially-trained service, signal or guide dog. The City Council approved an H-item directing staff to prepare the proposed amendments on July 19, 2010, (Attachment Nos. 6 & 7). Financial Impact: Not Applicable Planning Commission and Staff Recommended Action: Motion to: A.Approve Zoning Text Amendment No. 10-005 with findings for approval (ATTACHMENT NO. 1) and approve for introduction 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" (ATTACHMENT NO. 2); and, B.Approve Amendments to Huntington Beach Municipal Code Sections 7.12.150 (Kennels) and 7.12.160 (Residential Animal Permit) and approve for introduction Ordinance No. 3910, "An Ordinance of the City of Huntington Beach amending Chapter 7.12 of the Huntington Beach Municipal Code Relating to Miscellaneous Animal Care Control" (ATTACHMENT NO. 4)." HB -257- Item 15. - 1 REQUEST FOR COUNCIL• ACTION MEETING DATE:,217/2011 DEPARTMENT ID NUMBER: PL 11-002 Planning Commission Action on January 11, 2011: THE MOTION MADE BY LIVENGOOD, SECONDED BY RYAN, TO APPROVE ZONING TEXT AMENDMENT NO. 10-005, WITH FINDINGS FOR APPROVAL (ATTACHMENT NO. 1) CARRIED BY THE FOLLOWING VOTE: AYES: BIXBY, DELGLEIZE, FARLEY, LIVENGOOD, MANTINI, RYAN, SHIER BURNETT NOES: NONE ABSENT: NONE MOTION PASSED Alternative Action(s): The City Council may make the following alternative motion(s): A. "Deny Zoning Text Amendment No. 10-005 with findings and the amendments to Sections 7.12.150 and 7.12.160 of the Huntington Beach Municipal Code relating to Kennels and Residential Animal Permits." B. "Continue Zoning Text Amendment No. 10-005 and the amendments to Sections 7.12.150 and 7.12.160 of the Huntington Beach Municipal Code relating to Kennels and Residential Animal Permits and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Location: Citywide Zoning Text Amendment (ZTA) No. 10-005 represents a City-initiated request to amend Section 203.06 Definitions of the HBZSO to amend the definition of a "kennel." The amended definition would exclude detached single-family residences with a maximum of four dogs from being classified as a kennel provided that one of the four dogs is a specially- trained service, signal or guide dog as defined in Section 365.5 of the California Penal Code. The legislative draft of the proposed amendment is provided in Attachment No. 3 to this staff report. The project also includes proposed amendments to the Huntington Beach Municipal Code (HBMC) Sections 7.12.150 and 7.12.160 pertaining to kennels and residential animal permits, respectively. These amendments would amend the kennel definition consistent with ZTA No. 10-005 and would require residents requesting a fourth dog to obtain a Residential Animal Permit, notify surrounding residences, and provide proof that the dog is a specially- trained guide, signal, or service dog as defined by the Section 365.5 of the California Penal Code prior to issuance of the permit (Attachment No. 9). Item 15. - 2 HB -28- REQUEST FOR COUNCIL ACTION MEETING DATE: 2/7/2011 DEPARTMENT ID NUMBER: PL 11-002 The proposed amendments were initiated by the City Council (Attachment Nos. 6 and 7) on July 19, 2010 in response to requests by City residents. B. PLANNING COMMISSION MEETING AND RECOMMENDATION: The Planning Commission held a public hearing on the proposed Zoning Text Amendment on January 11, 2011. Staff gave an overview presentation of the proposed amendment and staffs recommendation was to approve Zoning Text Amendment No. 10-005 with findings for approval (Attachment no. 1) and forward Draft Ordinance (Attachment No. 2) to the City Council for adoption. A motion was made by Commissioner Livengood and seconded by Commissioner Ryan, to approve Zoning Text Amendment No. 10-005, with findings for approval, motion carried 7-0. It should be noted that the Planning Commission was not required to act on the proposed amendments to the HBMC. However, since they are related in nature to the proposed Zoning Text Amendment, a copy of the proposed HBMC revisions was provided to the Planning Commission for information purposes only. C. STAFF ANALYSIS AND RECOMMENDATION: In preparing the amendments to the HBZSO and HBMC, the following four key aspects were considered for change and are discussed below: - Revise the current definition of a kennel - Create a definition for a trained guide, signal, and service dog - Allow for a fourth dog on property with a detached single family residence only - Require a Residential Animal Permit (approval by Director of Planning and Building following a public notification process) Currently, Section 203.06 Definitions of the HBZSO defines a "kennel" as any premises where four or more dogs (over the age of four months) are kept for any purpose, with the exception of veterinary clinics and hospitals. Kennels are categorized in the HBZSO as animal boarding facilities and classified as a commercial land use permitted with a conditional use permit in the Commercial General (CG) and Industrial (IL and IG) zoning districts. Kennels are not permitted in any residential zoning district and, as such, no residence would be permitted to keep four dogs under the current zoning regulations. The maximum number of dogs that a residence is currently permitted to have is three. The proposed amendment would allow property owners and tenants of detached single-family residences to have a maximum of four dogs provided that one of the dogs is a specially- trained service, signal or guide dog. The amendment would exclude residences that meet these requirements from being classified as a kennel. In order to define a specially- trained guide, signal, or service dog, staff is recommending that Section 365.5 of the California Penal Code (Attachment No. 9) be referenced in the HBMC. The proposed amendment would only be applicable to detached single-family residences since issues related to noise, odor, and maintenance would be minimized in these areas due to the typical separation between buildings on these parcels. Also, since the provisions of Chapter 7 of the HBMC currently regulate these issues, compliance may be more challenging in areas developed with multi-family residential uses where there is no HB -259- Item 15. - 3 REQUEST FOR COUNCIL ACTION MEETING DATE: 2/7/2011 DEPARTMENT ID NUMBER: PL 11-002 separation between residences and generally less private open space essential to maintain four dogs in a manner required by existing City regulations. The last primary change is to require a Residential Animal Permit for a fourth dog. Section 7.12.160 of the HBMC currently requires a Residential Animal Permit for many animals including a goose, a miniature pot-bellied pig, or chickens to name a few. The review and approval process is administered by the Planning and Building Department. Following notice to all abutting property owners and tenants, the Director of Planning and Building may conditionally approve a Residential Animal Permit provided it complies with the provisions of the HBZSO and HBMC. In conclusion, the proposed revisions to Chapter 7 of the HBMC would require residents requesting a fourth dog to obtain a Residential Animal Permit, notify surrounding residences, and provide proof that the dog is a specially-trained guide, signal, or service dog as defined by the Section 365.5 of the California Penal Code prior to issuance of the permit. D. SUMMARY: Staff and the Planning Commission recommend approval of Zoning Text Amendment No. 10- 005 and the amendments to the Huntington Beach Municipal Code relating to kennels and residential animal permits because: • The proposed amendments would allow residents of detached single-family dwellings with a legitimate need for a specially-trained service dog to enjoy the same benefits as other residents that can have up to three dogs as pets while accommodating for the specific needs of those individuals by allowing a fourth dog as a service dog. • By requiring a residential animal permit and limiting the allowance for four dogs in residential areas on properties with detached single-family residences only, potential for noise, odor, and maintenance issues currently regulated by the Municipal Code to affect surrounding residences would be minimized. • The proposed amendments require compliance with the California Penal Code to ensure that one of the four dogs meets the requirements of a service, signal or guide dog as defined by existing State law. Environmental Status: ZTA No. 10-005 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act, because it is a minor zoning text amendment which does not change the development standards, intensity, or density of any zoning district. Strategic Plan Goal: Maintain and Enhance Public Safety Item 15. - 4 HB -260- REQUEST FOR COUNCIL ACTION MEETING DATE: 2/7/2011 DEPARTMENT ID NUMBER: PL 11-002 Attachment(s): Dottripfim, 1. Su ested Findin s for A roval —Zoning Text Amendment No. 10-005 2. 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" 3. Legislative Draft— Chapter 203 HBZSO 4. Ordinance No. 3910, "An Ordinance of the City of Huntington Beach Amending Chapter 7.12 of the Huntington Beach Municipal Code Relating to Miscellaneous Animal Care and Control 5. Legislative Draft— Chapter 7.12.150 and 7.12.160 of the HBMC 6. City Council H-item, dated July 12, 2010 7. City Council minutes regarding H-item action, dated July 19, 2010 8. Planning Commission Staff Report, dated January 11, 2011 9. California Penal Code Section 365.5 10. PowerPoint Presentation HB -261- Item 15. - 5 ATTACHMENT # 1 Item 15. - 6 H B -262- ATTACHMENT NO. I SUGGESTED FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 10-005 SUGGESTED FINDDINGS FOR PROTECTS EXEMPT FROM CEOA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA)pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because it is a minor zoning text amendment which does not change development standards, intensity, or density of any zoning district. SUGGESTED FINIDINGS FOR APPROVAL-ZONING TEXT AMENDMENT NO. 10-005: 1. Zoning Text Amendment No. 10-005 would amend Section 203.06 — Definitions of the Huntington Beach Zoning and Subdivision Ordinance(HBZSO) to revise the definition of a kennel. The amended definition would exclude detached single-family residences with a maximum of four dogs from being classified as a kennel provided that one of the four dogs is a specially-trained service, signal or guide dog as defined in Section 365.5 of the California Penal Code. The amendment is consistent with goals, policies and objectives of the Air Quality, Housing and Noise Elements of the General Plan. These goals, policies and objectives provide for the preservation of the quality of established residential neighborhoods, the minimization of noise and air impacts on sensitive residential uses, and equal opportunities for all residents. 2. The Zoning Text Amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning districts for which it is proposed. Kennels, which are defined as the keeping of four or more dogs on a premises, are classified as a commercial land use and are not permitted in any residential zoning district. The proposed amendment would allow property owners and tenants of detached single-family residences to have a maximum of four dogs provided that one of the dogs is a specially-trained service, signal or guide dog necessary to assist residents with their daily activities. The amendment would exclude residences that meet these requirements from being classified as a kennel, which would remain a prohibited use in residential zoning districts. 3. A community need is demonstrated for the change proposed. The Zoning Text Amendment will allow residents that require a service, signal or guide dog to assist them in their daily activities to have a maximum of four dogs so that they may be afforded the same allowance as other residents to have up to three dogs while accommodating for the specific needs of those residents by allowing a fourth dog. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The proposed amendment would allow residents of detached single-family dwellings with a legitimate need for a specially-trained service dog to enjoy the same benefits as other residents that can have up to three dogs as pets while accommodating for the specific needs of those individuals by allowing a fourth dog as a service dog. Also, by limiting the allowance for a maximum of four dogs to detached single-family dwellings, the quality of established residential neighborhoods would be preserved by minimizing potential noise,odors, and maintenance issues on surrounding residences. Attacl lag -263- Item 15. - 7 ATTACHMENT #2 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. s M ATTEST: AP P OVED AS TO FORM: City Clerk rff Ci y Attorney D v_o a4 1 to REVIE APPROVED: INITIATED AND APPROVED: wy d inistrator "-Chief of Police 10-2594.003/52958 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,City Clerk CU Clerk and ex-officio Verk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #3 INSERTIONS: Double underline DELF.,TIONS &4f tke dif ti ORDINANCE NO. 3909 LEGISLATIVE DRAFT (3248-6/95,3334-6/97.3482-12/00,3520-2102,3568-9/02,3705-6/05,3756-1/07.3774-9107&certified by the California Coastal Commission 10107,3856-2/10) 203.06 Definitions Abutting. Having district boundaries or lot lines or combinations thereof in common. Access, Lateral. Public access along the coast. Access, Vertical. Public access from the nearest public roadway to the shoreline. Alley_ A public or private way having an ultimate width of not less than 20 feet permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. Alter. To make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders, that will prolong the life of the structure. Amendment. A change in the wording, context or substance of this ordinance, or a change in the district boundaries on the zoning map. Animal, Exotic. Any wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display. Animal, Large. An animal larger than the largest breed of dogs. This term includes horses, cows, and other mammals customarily kept in corrals or stables. Animal, Small. An animal no larger than the largest breed of dogs. This term includes fish, birds, and mammals customarily kept in kennels. Antenna. Any structure, including but not limited to a monopole,tower,parabolic and/or disk shaped device in single or multiple combinations of either solid or mesh construction, intended for the purposes of receiving or transmitting communications to or from another antenna, device or orbiting satellite, as well as all supporting equipment necessary to install or mount the antenna. Antenna, Amateur Radio. An antenna array and its associated support structure, such as a mast or tower,that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur station licensed by the Federal Communications Commission. Antenna,Communication_ All types of receiving and transmitting antenna, except satellite dish antenna, including but not limited to cable television antenna, wireless communication antenna, FM digital communication antenna, microwave telephone communication antenna, amateur radio antenna, and short-wave communication antenna and other similar antenna_ (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 203 2118/10 _ i 1 tNSERt IONS_ 0 uible undertuic D EI T'H( N , Sx r1<-ethto"t_----- -- � Antenna Heip-ht. The distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended. Antenna, Satellite Dish_ An antenna for the purpose of receiving or transmitting communications to or from an orbiting satellite_ Antenna Whip. An antenna and its support structure consisting of a single, slender_, rod- like element which is supported only at or near its base. Approach-Departure Path. The flight track of the helicopter as it approaches or departs from a designated takeoff and landing area, including a heliport, helipad, or helistop. Architectural Projections or Appurtenances. Features on a building which provide visual variation and/or relief but do not serve as interior or exterior living or working space. Area,Net Lot. The total horizontal area within the property lines of a parcel of land exclusive of all rights-of-way or easements which physically prohibit the surface use of that portion of the property for other than vehicular ingress and egress. Street Area to be dedicated 250' -57 .53 gross acre net acre 230' L100' -1.. 100' 203-area.BMP LOT AREA Arterial. Any street, highway or road designated as an arterial street in the General Han. Attached Structures_ Two or more structures sharing a common wall or roof. Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail balustrade or parapet. Basement. A story partly underground and having at least one-half of its height above the average adjoining grade. A basement shall be considered as a story if the vertical distance from the average adjoining grade to the ceiling is over four feet. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 2 of 17 2I18110 -- ----_ - -- -KEY- — — INSERTIONS: Double underlille DELETIONS +lett eugtr = Roof Second Story First Story Finished [f this basement ceiling is more than 4'ft_ from Grade Basement average adjoining finished L _ _ _ grade,the basement is considered a story. 203-BASE BASEMENT Bay Window. A window that projects out from an exterior wall. Bedroom. The term bedroom includes any room used principally for sleeping purposes, an all-purpose room, a study, a den, a room having 100 square feet or more of floor area or less than 50 percent of one wall open to an adjacent room or hallway. Blockface. The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, watercourse, or city boundary. g 203-B LK BL®CKFACE Boarding House. A building with not more than five guest rooms where lodging and meals are provided for not more than 10 persons, but shall not include rest homes or convalescent homes. Guest rooms numbering six or over shall be considered a hotel. Building. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels,or property of any kind. Caretaker's quarters. A dwelling unit on the site of a commercial, industrial, public, or semipublic use,occupied by a guard or caretaker. Carport. A permanent roofed accessory structure with not more than two enclosed sides intended for vehicle storage. CartfKiosk. Any portable, non motorized unit used by a vendor as described in Section 230.94. (3248-6/95,3334-6/97,3482-12/00) Huntington Beach Zoning and subdivision Ordinance Chapter 203 Page 3 of 17 2/18110 KEY INSM IONS- Double underlaw DELETIONS S4fke",(4",h City. The City of Huntington Beach_ Clinic. An establishment where patients, who are not lodged overnight,are admitted for examination and treatment by one or more of a group of physicians,dentists,optometrists, psychologists, or social workers practicing together_ Coastal Zone. A geographic Zone adjacent to the shoreline, the boundaries of which are determined by the California Coastal Act of 1976, as amended. Collection Containers. Containers or buildings with a gross floor area of 500 square feet or less used for the deposit and storage of household articles or recyclables. Commission. The Huntington Beach Planning Commission. Community partment Project. A project in which an individual interest in land is coupled with the right exclusively to occupy an individual unit, as provided in Section 11004 of the California Business and Professions Code_ Completely Rebuilt. Rebuilding the nonconforming structure or use as it had legally existed immediately prior to its destruction. Conditional Use. A use of land that, due to the specific nature and unique characteristics of the use, requires special standards and discretionary review. Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interior space in a residential, industrial or commercial building on the real property, such as an apartment,office or store. A condominium may include, in addition, a separate interest in other portions of the real property. Conforming Building. A building that fully meets the requirements of Title 17 (Building Regulations)and also conforms to all property-development regulations and requirements prescribed for the district in which it is located. Convenience Market. A retail use in conjunction with gasoline sales in which the sales room exceeds 200 square feet. Court. An outdoor,unenclosed area intended to provide light, air, and privacy for individual dwelling units in multi-family projects. Coverage, Lot or Site. The percentage of a lot or site covered by roofs, balconies, fireplaces, architectural projections, or overhangs extending more than 2.5 feet from a wall, decks more than 42 inches in height above grade, and stairs. Deck. A platform, either free-standing or attached to a building, but without a roof,that is supported by pillars, posts, or walls(see also Balcony). Demolition. The deliberate removal or destruction of the frame or foundation of any portion of a building or structure for the purpose of preparing the site for new construction or otherwise. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 4 of 17 2118/10 KE Y" tNSFRI"IONS: rouble underline DELETIONS stakedt"t-g# Density Bonus_ An increase in the proposed number of units of twenty-five percent(25%) or greater over the number permitted pursuant to the current zoning and general plan designation on the property_ Director_ The Director of Planning or his or her designee_ (3520-2102) Distribution Line_ An electric power line bringing power from a distribution substation to consumers. District_ A portion of the city within which the use of land and structures and the location, height, and bulk of structures are governed by this ordinance_ The zoning ordinance establishes "base zoning districts" for residential, commercial, industrial, public and open space uses, and "overlay districts," which modify base district provisions and standards_ Drillinl?. The digging or boring of a new well into the earth for the purpose of exploring for, developing or producing oil, gas or other hydrocarbons, or for the purpose of injecting water, steam or any other substance into the earth. Dwelling Multiple Unit. A building or buildings designed with two (2)or more dwelling units. Dwelling, Single Unit. A detached building designed primarily for use as a single dwelling, no portion of which is rented as a separate unit, except as permitted by this Code. Attached single family dwellings shall be considered as multi-family. Dwelling, Accessory Unit. A fully equipped dwelling unit which is ancillary and subordinate to a principle dwelling unit located on the same lot in the RL zone_ Also known as second dwelling unit or"granny unit." Dwelling, Studio Unit. A dwelling unit consisting of 1 kitchen, 1 bathroom, and 1 combination living room and sleeping room. The gross floor area shall not exceed 500 square feet,or it shall be considered as a one bedroom unit. Also known as a single, a bachelor, or an efficiency unit. Dwellin Unit. One or more habitable rooms with only one kitchen,and designed for occupancy as a unit by one or more persons living as a household unit with common access to all living, kitchen, and bathroom areas. 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. (3856-2/10) Energy Facility. Any public or private processing,producing, generating, storing, transmitting, or recovering facility for electricity,natural gas,petroleum, coal, or other sources of energy. Environmental Impact Report(EIR). A report complying with the requirements of the California Environmental Quality Act(CEQA) and its implementing guidelines. Environmentally Sensitive(habitat)Area. A wetland or any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 5 of 17 2118/10 KEY INSERTIONS: Double underline DELEA{ONS St-rikethfough Exemption, Categorical_ An exception from the requirements of the California Environmental Quality Act(CEQA) for a class of projects, which have been determined to not have a significant effect on the environment. Family. A single individual or two or more persons living together as a single housekeeping unit in a dwelling unit. Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (3334-6(97) Floor Area, Gross_ The total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, elevators shafts at each floor level, service and mechanical equipment rooms, and habitable basement or attic areas, but excluding area for vehicle parking and loading. Floor Area Ratio (FAR). Determined by dividing the gross floor area of all buildings on a lot by the area of that lot. FLOOR AREA RATIO FAR of 0.5 Mft- FAR of 1.0 �I 1 FAR of 1.5 203-FAR FAR Frontage. The linear length of a building which contains a public entrance or a lot measured along the property line adjacent to a street or easement. Functional Capacity. The ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 6 of 17 2/18/10 KEY INSERTIONS: Double underline DELETIONS SrikFetkreu,� General Plan_ The City of Huntington Beach General Plan. Grade, Existing_ The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this ordinance. Grade, Street_ The top of the curb,or the top of the edge of the pavement or traveled way where no curb exists. Guest House_ Living quarters within a main or an accessory building for the sole purpose of providing for persons employed on the premises, or for temporary use by guests of the occupants of the premises. Such quarters shall have no kitchen facilities, and shall be limited to one room, no greater than 500 square feet in size with no more than three plumbing fixtures. Height of Building. A vertical dimension measured from the top of the highest roof to the top of the subfloor/stab directly underneath. (See Section 230.72_) Helipad or Helistop. A heliport without auxiliary facilities such as waiting room, helicopter parking, fueling and maintenance equipment. Heliport. An area,either at ground level or elevated on a structure,that is used or intended to be used for the takeoff and landing of helicopters, and includes some or all the various facilities useful to helicopter operations, including helicopter parking,waiting room, fueling and maintenance equipment_ Home Occupation. Business activity conducted in a dwelling unit in a residential district that is incidental to the principal residential use of a lot or site. Hotel Owner/Operator. The entity that owns and operates a hotel. If the hotel operator is separate from the hotel owner both are jointly and severally responsible for ensuring compliance with the requirements described in this LCP and/or recorded against the property, as well as jointly and severally liable for violations of said requirements and restrictions. (3774-9/07-approved by the California Coastal Commission 10/07) Infill Lot Development. A lot contiguous to one or more existing single family residential units, excluding parcels separated by streets,a vacant parcel intended for single family development,or a parcel with an existing residential structure,which will have 50 percent or more square footage of habitable area removed in order to remodel or construct a detached single family unit. (3705-6ro5) Illumination, Direct. Illumination by means of light that travels directly from its source to the viewer's eye. Illumination, Indirect. Illumination by means only of light cast upon an opaque surface from a concealed source. Incentives. Policies, programs or actions taken by the City designed to ensure that a development will be produced at a lower cost. Junk Yard. The use of a lot, or contiguous lots, or any portion thereof for the storage of junk, including scrap metal, or other scrap materials, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 7 of 17 2118110 KEY INSERTIONS: Doubte underlwc - - DELETIONS cStrike ft Kermel_ 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 hosptals. For purposes of this section a detached single-family residence with a maximum of four doors shall not be considered a kennel when at least one of the dogs is a specially-trained guide dog signal dog or service doss_as defined in Pena( Code Section 36S.S,and complies with Section 7 12_b0 of the Huntins>ton Beach Municipal Code. Kitchenette or Kitchen_ any room or part of a room which is designed, built, used,or intended to be used for food preparation and dishwashing; but not including a bar, or similar room adjacent to or connected with a kitchen. Landscaping. An area devoted to or developed and maintained with native or exotic plantings, lawn, ground cover, gardens, trees, shrubs, and other plant materials,decorative outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of rock, stone, brick,block,or similar material (excluding driveways,parking, loading,or storage areas), and sculptural elements. Plants on rooftops, porches or in boxes attached to buildings are not considered landscaping_ Landscaping, Interior_ A landscaped area or areas within the shortest circumferential line defining the perimeter or exterior boundary of the parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility(as applied to parking and loading facilities or to similar paved areas). Landscaping, Perimeter. A landscaped area adjoining the exterior boundary of a parking or loading area, or similar paved area,excluding driveways or walkways which provide to the facility. Perimeter Landscape Interior Landscape Interior Landscape a Interior Landscape HIM 4' - 2'3' a LANDSCAPING: PERIMETER INTERIOR Limited Use Overnight Visitor Acommodations. Any hotel, motel, or other similar facility that provides overnight visitor accommodations wherein a purchaser receives the right in perpetuity, for life, or a term of years, to the recurrent, exclusive use or occupancy ,y a lot parcel, unit, room(s),or segment of the facility,annually or on some other seasonal of periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the facility has been divided and shall include,but not be limited to Timeshare, Condominium-Hotel, Fractional Ownership Hotel, or uses of similar nature. (3774-9/07-subject to approval by the California coastal Commission) Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 3 of 17 2/18110 ---- --- — KEY INSEK_HONS: Double underline DELETIONS S+Fikedwough Low. Any person other than a member of a family renting a room for living or sleeping purposes. Lot. Any numbered or lettered parcel shown on a recorded final map, record of survey pursuant to an approved division of land, or a parcel map and abuts a street, alley or recorded access easement. STREET Reversed Corner Lot Interior Interior Interior Corner Lot Lot Lot Lot -Through tw Lot Interior Flag Interior Interior Lot Corner Lot Lot Lot Lot Reversed Corner Lot STREET LOT TYPES 203-LOT Lot, Corner. A site bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees. Lot Depth. The horizontal distance from the midpoint of the front-lot line to the midpoint of the rear-lot line,or to the most distant point on any other lot line where there is no rear- lot line. Lot, Flag_ A lot with developable area connected to a street by a narrow strip of land that includes a driveway. Lot or Property Line, Rear. A lot line, not a front lot line,that is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line. Lot or Property Line, Front. The street property line adjacent to the front yard. Lot or Property Line, Interior. A lot line not abutting a street. Lot or Property Line, Side. Any lot line that is not a front lot line or a rear lot line. Lot or Property Line, Street. A lot line abutting a street. Lot, Reverse Corner. A comer lot, the side line of which is substantially a continuation of the front lot line of the lot to its rear. Lot, Street-Alley. An interior lot having frontage on a street and an alley. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 9 of 17 2118/10 — KEG----- -- -- i INSERTIONS: Double underline DELETIONS W*eth ugh-- Lot, Through. A lot having frontage on two dedicated parallel or approximately parallel streets. Lot Width_ The mean of the horizontal distance between the side lot lines measured at right angles to the lot depth at mid-points 20 feet from the front lot line and 20 feet from the rear lot line, or from the rearmost point of the lot depth in cases where there is no rear lot line_ Front Lot Line I Front Lot Line x x y Q L O Q � O J y Lot Width=(x+y)/2 LOT WIDTH 203-LOT W Lower Income Household. A household whose annual income is at or below eighty percent (80%) of Orange County median income as defined by the State of California Department of Housing and Community Development. Manufactured Home. A structure transportable in sections which is a minimum of 8 feet in width and 40 feet in length, built on a permanent chassis, and designed to be a dwelling with or without a permanent foundation. Manufactured home includes mobilehome. Mezzanine. An intermediate floor within a room containing not more than 33 percent of the floor area of the room. Mezzanine:maximum 33 peroent of floor an:a below. Floor Below 1.1� MEZZANINE Moderate Income Household. A household whose annual income is at or below one hundred twenty(120%) percent of Orange County median income as defined by the State of California Department of Housing and Community Development. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 10 of 17 2118MO KEY INSERTIONS_ Double underline DELETIONS Strik�kr©h Municipal Code_ The Municipal Code of the City of Huntington Beach. Negative Declaration. A written statement briefly describing the reasons that a proposed project will not have a significant impact on the environment which meets the requirements of the California Environmental Quality Act. (3334-6i97) Neighborhood Notification_ Notification process pursuant to Chapter 241 when no entitlements are required and the use requires such notification as stated in the Zoning and Subdivision Ordinance_ (3705-6/05) Net Site Area. See Area, Net Lot. New Well. A new well bore or well hole established at the ground surface. Redrilling from the well bore or well hole of an existing well greater than 150 feet from the existing well bore shall constitute a new well. Nonconforming Structure. A structure that was lawfully erected but which does not conform with the current development standards. Nonconforming Use. A use of a structure or land that was lawfully established and maintained, but which does not conform with the current zoning ordinance- Off-Street Loading Facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas- Off-Street Parking Facilities. A site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas. Oil operation. The use or maintenance of any installation,facility, or structure used, either directly or indirectly, to carry out or facilitate one or more of the following functions: drilling, rework, repair,redriIling,production, processing,extraction,assisted recovery, stimulation storage or shipping of oil gas or hydrocarbons from the subsurface of the earth. Oil operation site. The physical location where an oil operation is conducted. Oven Space, Common. A usable open space within a residential development reserved for the exclusive use of residents of the development and their guests. Open Space,Private. A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. Open Space,Total. The sum of private and common open space. Open Space, Usable. Outdoor or unenclosed area on the ground,or on a balcony, deck, porch or terrace designed and accessible for outdoor living, recreation,pedestrian access or landscaping. Usable open space does not include parking facilities,driveways,utility or service areas, any required front or street side yard, any space with a dimension of less than 6 feet in any direction or an area of less than 60 square feet. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 11 of 17 2/18/10 KEY INSERTIONS: Double underline_ DELETIONS &r4ltet-hret, min min min 10tt_ 10ft_ V — Patio Terrace ;Balcony Front Yard Private Open Space Private Open Space Common Open Space USABLE OPEN SPACE Oversize Vehicle. Any vehicle which exceeds twenty-five (25) feet in length, seven(7) in width, seven(7) in height, or a weight of 10,000 pounds, motorized or nonmotonzed_ Oversize vehicle also includes any equipment or machinery regardless of size. Parking Structure_ A structure used for parking or vehicles where parking spaces, turning radius, and drive aisles are incorporated within the structure. Patio. A paved court open to the sky. Permitted Use. A use of land that does not require approval of a conditional use permit or temporary use permit. Planned Unit Development(PUD). A large scale development of a parcel or of a combination of related parcels to be developed by a single owner or group of owners acting jointly, involving a related group of uses,planned as an entity and having a predominant developmental feature which serves to unify or organize development. Porch. An open or covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room,which is not heated or cooled,that is attached to the outside of a building. Private Property. Property owned in fee by an individual, corporation,partnership, or a group of individuals as opposed to public property. (3249-6/95.3334;3482-12100) Project. Any proposal for new or changed use,or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this ordinance. Public Property. Property dedicated through acquisition or easement for public use which includes but is not limited to streets, alleys, parks, public right-of-ways, and sidewalks_ (3249-6/95,3334-6197;3482-12/00) Qualifying Senior Resident. A person who is 62 years of age or older. (Section 51.2 of the California Civil Code_) Remodel. The upgrade of the interior or exterior faces of a building or structure without altering to any degree the structural integrity. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 12 of 17 2/18/10 KEY MSERI IONS: Double underline DELETIONS SE.kzd� Residential Infill Lot. A residential infill lot is a parcel of land which, at the time of application for a building permit, is contiguous to one (1) or more existing developed single family residential properties and is: (3301-11/95,3334-6/97) 1. A vacant parcel intended for detached single family development, or (3301-11/95,3334-6/97) 2. A parcel with an existing residential structure which will have fifty percent(50%) or more square footage of the habitable area removed in order to construct a remodeled or new multistory detached single family dwelling unit. (3301-11/95.3334-6197) Room, Habitable. A room meeting the requirements of the Uniform Building Code for sleeping, living, cooking, or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, attics, foyers, storage spaces, utility rooms, garages, and similar spaces. Senior Housing. Housing for a family in which at least one person per unit is 60 years old or older,or for a single person who is 60 years old or older. Setback Line. A line across the front, side, rear of any private or public property which delineates an area adjoining a property line in which erection of a building, fence, or other structure is prohibited except as otherwise provided in the Zoning ordinance. Significant Disruption. Having a substantial adverse effect upon the functional capacity. Single Ownership. Holding record title, possession under a contract to purchase, or possession under a lease, by a person, firm, corporation, or partnership, individually, jointly, in common, or in any other manner where the property is or will be under unitary or unified control. Site. A lot,or group of contiguous lots not divided by an alley,street,other right-of-way, or city limit, that is proposed for development in accord with the provisions of this ordinance,and is in a single ownership or has multiple owners,all of whom join in an application for development. Specific Event. A short term temporary use of public property as defined in Section 5.68.010. (3249-6/95,3334-6-97;3482-12100) Specific Plan_ A plan for a defined geographic area that is consistent with the General Plan and with the provisions of the California Government Code, Section 65450 et seq_ (Specific Plans). Stock Cooperative. A corporation formed for the primary purpose of holding title to, either in fee simple or for a term of years,any real property where the shareholders of the corporation receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation. Story. That portion of a building included between the surface of any floor and the surface of the floor or finished undersurface of the roof directly above it. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 13 of 17 2/18/10 KE1 l [NSERTIONS= Double u_nderhmc DELETIONS Sty+ket�tret�g Structure_ Anything constructed or erected that requires a location on the ground, excluding patios,walks,access drives, or similar paved areas. (3705-6/05) Structure, Accessory. A structure that is appropriate, subordinate and customarily incidental to the main structure of the site and which is located on the same site as the main structure, including swimming pools, garages, gazebos and patio covers. (3705-6105) Structure, Minor Accessory_ An accessory structure that does not exceed 64 square feet in floor area, 80 square feet in roof area and a height of six feet, including storage sheds, pet shelters, playhouses, and decorative elements. (3705-6105) 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_ (3856-2/10) Takeoff and Landing Area_ That area of the helicopter facility where the helicopter actually lands and takes off. 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 exiting from institutional settings, veterans, or homeless people. (3856-2/10) 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. (3856-2/10) Transmission Line. An electric power line bringing power to a receiving or distribution substation. Usable Satellite Signals. Satellite signals from all major communication satellites that, when viewed on a conventional television set, are at least equal in picture quality to those received from local commercial television stations or by way of cable televisions. Use,Accessory. A use that is appropriate, subordinate,and customarily incidental to the main use of the site and which is located on the same site as the main use. Value. The monetary worth of a structure determined by the valuation figures used by the Director for the purpose of calculating building permit fees. Vehicle Storaye. The business of storing or safekeeping of operative and inoperative vehicles for periods of time greater than a 24 hour period. (3756-1/07) Very Low Income Household. A household whose annual income is at or below fifty (50%)percent of Orange County median income as defined by the State of California Department of Housing and Community Development. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 14 of 17 2/18110 -- KEY INSERTIONS: Double underline DELETIONS c Fiked og=n b Wetbar. A fixed installation within a dwelling unit providing cold and/or hot "vater to a single sink without a garbage disposal at a location other than a kitchen or laundry. A wetbar area shall not include a stove, range, or similar appliance usually found in a kitchen, and if such wetbar is located in a room or a portion of a room with a stove, hot plate, range, oven or other type of kitchen facility, it shall be deemed a separate kitchen. Wetland. Lands within the coastal zone which maybe covered periodically or permanently with shallow water and include salt water marshes, fresh water marshes, open or closed brackish water marshes, swamps, mudflats, and fens. Window, Required_ An exterior opening in a habitable room meeting the area requirements of the Uniform Building Code. Yard. An open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward except as otherwise provided in this ordinance, including a front yard, side yard,or rear yard. Yard,Front. An area between the front lot line and the front setback line extending across the full width of a site. The front yard of a corner lot shall adjoin the shortest street property line along its entire length. Where one street property line is at least 75 percent of the length of the other street property line,the Director shall determine the location of the front yard. Yard, Rear. An area between the rear lot line and the rear setback line extending across the full width of a site. On a corner lot the rear yard shall extend only to the side yard abutting the street. Yard, Side. An area between the rear setback line and the front setback line and between the side property line and side setback line. The side yard on the street side of a corner lot shall extend to the rear lot line. Zoning Ordinance. The Zoning Ordinance of the City of Huntington Beach. (rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 15 of 17 2/18/10 KEY - tNSElZTIONS: Double underline DELETIONS gtrtl«�h REAR YARD STREET FRONT YARD LOT LOT LINES LINE ,,, a w c 1 9�a fl I - c � STREET FRONT YARD STREET FRONT YARD STREET FRONT YARD I CORNER LOT EXAMPLES REAR YARD REAR YARD REAR YARD --- SIDE } 1 Q YAR w- } N 1 N t SIDEYARDS STREET FRONT YARD STREET FRONT YARD STREET FRONT YARD INTERIOR LOT EXAMPLES REAR YARD REAR YARD �—LOT LINES SIDE - �SI ` YARD _ LEGEND YA�RDs ` _ — — BUILDING(ZONING)ENVELOPE STREET L _ _ (TWO DIMENSIONAL) LOT LINES _ FRONT YARD STREET FRONT YARD SIDE YARD ODD -SHAPED LOT EXAMPLES REQUIRED YARDS Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 16 of 17 2/18/10 ATTACHMENT #4 „e ,83 Item , 5 . z, ORDINANCE NO. 3910 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 7.12 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO MISCELLANEOUS ANIMAL CARE AND CONTROL The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 7.12.150 of the Huntington Beach Municipal Code is hereby amended to read as follows: 7.12.150 Kennels. (a) "Kennel" means any property where four(4) or more dogs, or four(4)or more cats, over the age of four(4)months, 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 this Chapter. (b) No person shall keep or maintain, or suffer or permit to be kept or maintained, upon premises owned or controlled by him in the City, any kennel within two hundred(200) feet of any dwelling house except the dwelling house of the person in control of such kennel. (c) Any person, firm or corporation which conducts a kennel operated or carried on primarily for financial gain shall obtain a business license pursuant to Title 5 of this code. SECTION 2. Section 7.1.2.160 of the Huntington Beach Municipal-Code is hereby amended to read as follows: 7.12.160 Residential Animal Permit (a) A residential animal permit shall be required for the keeping of one goose, rabbit, miniature pot-bellied pig, turkey, or duck, a fourth dog, and all chickens, subject to the review and approval.of the Director of Planning and Building. The number and type of animals kept pursuant to a residential animal permit shall be permitted in accordance with the applicable Sections of this Chapter. In addition: (a) A miniature pot-bellied pig kept pursuant to a residential animal permit shall comply with the following provisions: 1. A"Miniature pot-bellied pig" shall mean any pig weighing not more than 125 pounds that is continuously registered with a nationally-recognized miniature pig association. 10-2594.002/55171 1 Ordinance No. 3910 2. All miniature pot-bellied pigs shall be spayed or neutered. 3. Proof of sterilization shall be presented to the Director of Planning and Building prior to the issuance of a residential animal permit. (b) A fourth dog kept pursuant to a residential animal permit shall comply with the following provisions: 1. The residence for which the permit is granted shall be a detached single-family residence. 2. At least one of the four(4)dogs shall be a specially-trained guide dog, signal dog or service dog, as defined in Penal Code Section 365.5. 3. Proof that one of the four(4) dogs is a specially-trained guide dog, signal dog or service dog shall be presented to the Director of Planning and Building prior to the issuance of a residential animal permit. (c) All residential animal permits shall comply with the following conditions: 1. At the time the application is made for a residential animal permit, the applicant shall pay a fee established by resolution of the City Council. 2. Premises shall be kept clean and free of all matter that may create odors or attract rodents. 3. The animal shall comply with all applicable sections of Chapter 8.40, Noise Control of the Municipal Code. . 4. Any authorized City employee may inspect the premises for which an application has been granted for a residential animal permit. 5. Prior to issuance of a.residential animal permit, notices shall be sent to all abutting property owners and tenants notifying them of the pending application for said permit. 6. The Director of Planning and Building may impose conditions of approval in addition to the above. 7. The applicant shall be required to sign an affidavit that he/she understands all of the conditions of approval for the residential animal permit at the time the permit is issued. 8. A violation of any of the above conditions of approval shall be cause for revocation of the residential animal permit. 10-2594.002/55171 2 Ordinance No. 3910 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 20 11 ATTEST: or APPROVED AS TO FORM: City Clerk City Attome " k'wbiao REVIE D APPROVED: INITIATED AND AP 7— Police D: ty ministrator Chief 10-2594.002/55171 3 Ord. No. 3910 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 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 17,2011. In accordance with the City Charter of said City Joan L. Flynn, Ci . Clerk CM Clerk and ex-officio 6ferk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTAC H M E N T #5-- HB -287 Item , 5. _ 3, KEY [NSERTIONS: Double underline DELETIONS Sg4ket rougl3 LEGISLATIVE DRAFT Chapter 7.12 MISCELLANEOUS ANIMAL CARE AND CONTROL (27-11/09,66-9/10,885-2/62, 1279-2/67, 1352-11/67, 1835-5/73,1857-8/73, 1905-4174, 1910-6/74,2067-5i76,Urg, 2084-6176, 2095-9176,2547-5/82, 2936-4/88, 3169-9/92, 3508-10/01, 3696-3/05, 3737-7106,3846-12/09) 7.12.150 Kennels. (a) "Kennel"means any property where four(4) or more dogs, or four(4)or more cats, over the age of four(4) months, 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 this Chanter. (b) No person shall keep or maintain, or suffer or permit to be kept or maintained, upon premises owned or controlled by him in the City, any kennel within two hundred(200) feet of any dwelling house except the dwelling house of the person in control of such kennel. (c) Any person, firm or corporation which conducts a kennel operated or carried on primarily for financial gain shall obtain a business license pursuant to Title 5 of this code. (1279-2/67, 1905-4/74,2095-9/76) 7.12.160 Residential Animal Permit. (a)-A residential animal permit shall be required for the keeping of one goose, rabbit, miniature pot-bellied pig, turkey, or duck, a fourth dog and fbf the'fieping-of all chickens, subject to the review and approval of the Director of Planning and Building. The number and tvae of animals kept pursuant to a residential animal permit shall be permitted in accordance with the applicable Sections of this Chapter. In addition: (2936-4/88,3169-9/92,3737-7/06) fta A miniature pot-bellied pig kept pursuant to a residential animal permit shall comply with the following provisions- 1. A"Miniature pot-bellied pig"shall mean any pig we not more than 125 Hounds that is continuously registered with a nationally-recognized miniature pig association. 2 All miniature pot-bellied pigs shall be waved or neutered 3 Proof of sterilization shall be presented to the Director of Planning and Building prior to the issuance of a residential animal permit A fourth dog kept pursuant to a residential animal rmit s all com l wit the f llowin_g provisions: 1. The residence for which the permit is granted shall be a detached single-family residences 2 At least one of the four(4)dogs shall be a specially-trained guide dog signal dog or service dog. as defined in Penal Code Section 365.5. Huntington Beach Municipal Code Chapter 7.12 Item 15. - 32 H - 8-- 3__Proof that one of the four f41 does apecially-trained aide do si pat do or service dog shad be presented to the Director of Plaru�in and Building prior to the issuance of a residential animal permit. fc) All residential animal permits shall comply with the followin conditions: 1. At the time the application is made for a residential animal permit,the applicant shall pay a fee established by resolution of the City Council. (2936-4/88) (e)2. Premises shall be kept clean and free of all matter that may create odors or attract rodents. (293&4/88) (d)3. The animal shall comply with all applicable sections of Chapter 8.40, Noise Control of the Municipal Code. (293"/88) (e) The Director-of Maiming i5vid,�Buijldhm above— , (f) The applieant shall be required to sign an afrAavit that he/she under-starAs all of t (29364188) granted for-a Yesideittial animal f8 at8a) fesidetitial animal . (2938 4/88) ying them ofth "ing applite-ation for-said permit. (2936 4188) 4 Any authorized City employee may inspect the premises for which an application has been granted for a residential animal permit- 5. Prior to issuance of a residential animal p=it notices shall be sent to all abutting property owners and tenants notifying them of the pending application for said permit. 6 The Director of Planning and Building may impose conditions-of approval in addition to the above. 7 The applicant shall be required to sign an affidavit that he/she understands all of the conditions of approval for the residential animal permit at the time the permit is issued 8 A violation of any of the above conditions of approval shall be cause for revocation of the residential animal )rmit. Huntington Beach Municipal Code Chapter 7.12 HB -28 - Item 15. - 33 ATTACHMENT #6 Item 15. - 34 He -290- 0 CITY OF �- UNTINGTON BEACH 0 * City Council Inter-Office Communicati®n TO: Honorable Mayor and City Council Members FROM: Jill Hardy, Mayor Pro Tern Keith Bohr, City Council Member DATE: July 12, 2010 SUBJECT: "H" ITEM FOR JULY 19, 2010, CITY COUNCIL MEETING— PERMIT A 4T" DOG AND NOT BE CLASSIFIED AS A KENNEL STATEMENT OF ISSUE: Municipal Code Section 7.12.150 defines a kennel as any property that four or more dogs or cats over the age of four months are kept or maintained for any purpose. Additionally, it states that no person shall keep or maintain a kennel within 200 feet of any dwelling house except the dwelling house of the person in control of the kennel. The Huntington Beach Zoning and Subdivision Ordinance prohibit kennels within all residential districts. Occasionally residents have requested to house a fourth dog, which in some cases are service dogs to assist them in their everyday living. Housing the fourth dog now constitutes the residence as a kennel and puts the resident in a difficult situation. The resident is forced to give away one of their pets or not obtaining the service dog. This makes for a very difficult decision for the resident. would like to propose the City Council modify the existing ordinance regarding dog limits and kennels so residents would be allowed to house a service dog as a fourth animal. If the City Council is in agreement, we would ask the City Attorney to draft the appropriate ordinance modifications. RECOMMENDED ACTION: Direct the City Attorney to prepare ordinance allowing service dogs to be permitted as a fourth dog and exempt from the three dog limit. KB:SH:jk XC: Fred Wilson, City Administrator Paul Emery, Deputy City Administrator Bob Hall, Deputy City Administrator Scott Hess, AICP, Director of Planning and Building Jennifer McGrath, City Attorney CADocuments and SettingslfuentesmTocai SettingsUemporary I N - KE5T712jk(H-Item Bohr).doc Item 15. - 35 ATTAC H M E N T #7 L--_ Item 15. - 36 rvn -2i2- CounciYRDA/PFA Minutes July 19 2010 Page 11 of 12 16 Adopted Ordinance No 3885 amending the Huntington Beach Zoning Subdivision Ordinance(HBZSO)by amending Section 210 06 Property Developme tandards and 210 12 Planned Unit Development Supplemental Standards and Pro ns-Zoning Text Amendment No 09-008 Approved for introduction July 6 2010 A motion was made by Hansen second Carchio to after the C Clerk reads by title adopt Ordinance No 3885 'An Ordinance of the City of Huntingto each Amending the Huntington Beach Zoning and Subdivision Ordinance by Amending ion 210 06 Property Development Standards and 210 12 Planned Unit Development Su mental Standards and Provisions (Zoning Text Amendment No 09-008)"The motion ed by the following roll call vote AYES Carchio Green r and Hansen NOES Hardy ABS TAIN Dwyer ABSENT Coerper COUNCILMEMBER ITEMS 17 Submitted by Mayor Cath reen-Approved appointment of a voting delegate and alternate to the League of fomia Cities Annual Conference and Business Meeting in San Diego on September 15- 2010 A motion was mad Hardy second Hansen to appoint Councilmember Joe Carchio to sepie as the voting de to and Mayor Cathy Green and Councilmember Don Hansen as the alternate votin elegate representing the City of Huntington Beach at the 2010 League of California C Annual Conference and Annual Business Meeting scheduled for September 15-17 T potion carried by the following roll call vote AYE - Carchio Hardy Green Bohr Dwyer and Hansen N alone SENT - Coerper 18 Submitted by Mayor Pro Tem Jill Hardy and Councilmember Keith Bohr- Approved recommendation that the City Attorney draft an ordinance allowing service dogs to be permitted as a fourth dog and exempt from the three dog limit Mayor Pro Tern Hardy explained service dog duties and discussed her request that the City Attorney bring back an ordinance that provides an exemption to the three-dog rule for a family who requires a service dog A motion was made by Hardy second Hansen to direct the City Attorney to prepare ordinance allownng service dogs to be permitted as a fourth dog and exempt from the three dog limit The motion tamed by the following roll call vote AYES Carchio Hardy Green Bohr Dwyer and Hansen NOES None ABSENT Coerper H -293- Item 15. - 37 ATTAC H M E N T #8 Item 15. - 38 iirs -294- Ali ffl s r z IS'. HUNTlNG7bN �MA. TO: Planning Commission FROM: Scott Hess, AICP, Director of Planning and Building BY: Mike Fuentes, Senior Code Enforcement Officer {, DATE: January 11, 2010 Q SUBJECT: ZONING TEXT AMENDMENT NO. 10-005 (KENNELS) APPLICANT: City of Huntington Beach, 200 Main Street, Huntington Beach, CA 92648 LOCATION: Citywide STATEMENT DE ISSUE: ® Zoning Text Amendment No. 10-005 request: Amend Section 203.06 -Definitions of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to revise the definition of a kennel. The amended definition would exclude detached single-family residences with a maximum of four dogs from being classified as a kennel provided that one of the four dogs is a specially-trained service, signal or guide dog as defined in Section 365.5 of the California Penal Code (Attachment No. 2). ® Staff's Recommendation: Approve Zoning Text Amendment No. 10-004 based upon the following: - The proposed amendment would allow residents of detached single-family dwellings with a legitimate need for a specially-trained service dog to enjoy the same benefits as other residents that can have up to three dogs as pets while accommodating for the specific needs of those individuals by allowing a fourth dog as a service dog. - By limiting the allowance for four dogs in residential areas on properties with detached single- family residences only, potential for noise, odor, and maintenance issues currently regulated by the Municipal Code to affect surrounding residences would be minimized. - The proposed amendment requires compliance with the California Penal Code to ensure that one of the four dogs meets the requirements of a service, signal or guide dog as defined by existing State law. RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 10-005 with findings for approval (Attachment No. 1)and forward Draft Ordinance (Attachment No. 2)to the City Council for adoption." H - - Item 15. - 39 ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Continue Zoning Text Amendment No. 10-005; or B. "Deny Zoning Text Amendment No. 10-005 with findings for denial." PROJECT PROPOSAL: Zoning Text Amendment No. 10-005 represents a City-initiated request to amend Section 203.06 Definitions of the HBZSO to amend the definition of a "kennel." The amended definition would exclude detached single-family residences with a maximum of four dogs from being classified as a kennel provided that one of the four dogs is a specially-trained service, signal or guide dog as defined in Section 365.5 of the California Penal Code. The legislative draft of the proposed amendment is provided in Attachment No. 3 to this staff report. The proposed Zoning Text Amendment was initiated by the City Council in response to requests by City residents. On July 19, 2010, the City Council approved an H-item directing the proposed modification to the HBZSO (Attachment Nos. 4 and 5). The proposed amendment, if approved by the Planning Commission, would be forwarded to the City Council along with proposed revisions to the Huntington Beach Municipal Code(HBMC)that are not part of this Zoning Text Amendment request. The revisions to the HBMC involve Sections 7.12.150 and 7.12.160 pertaining to kennels and residential animal permits, respectively, and would be acted on by the City Council only. However, since they are related in nature to the proposed Zoning Text Amendment, a copy of the legislative draft of the HBMC revisions is provided as Attachment No. 6 for information purposes only. ISSUES: General Plan Conformance: The proposed Zoning Text Amendment is consistent with the goals, policies, and objectives of the City's General Plan as follows: A. Air Quality Element Objective A Q 1.9: Minimize sensitive uses (residential, hospitals, schools, etc.) exposure to toxic emissions. B. Noise Element Goal N 1: Ensure that all necessary and appropriate actions are taken to protect Huntington Beach residents, employees, visitors, and noise sensitive uses from the adverse impacts created by excessive noise levels from stationary and ambient sources. By limiting the allowance for four dogs to detached single-family residences, the proposed amendment would limit potential for noise and adverse odors associated with dogs to affect surrounding residents. Item 15. - 40 H - 6- 11 sr04 ZTA 10-005(Kennels) Although not necessarily toxic, odors and pet dander can be an annoyance to residents that are sensitive to animal odors and present potential health risks to those with allergies and other respiratory problems such as asthma. In addition, noise from barking dogs can also be an annoyance to surrounding residents. The potential for these issues to occur is reduced in areas where dwellings are provided with greater separation such as single-family residential zoned neighborhoods as well as specific plans or other areas developed with single-family detached dwellings. C. Housing Element Policy 1.1: Preserve the character, scale and quality of established residential neighborhoods. Goal 5: Provide equal housing opportunity. The proposed amendment would allow residents of detached single-family dwellings with a legitimate need for a specially-trained service dog to enjoy the same benefits as other residents that can have up to three dogs as pets while accommodating for the specific needs of those individuals by allowing a fourth dog as a service dog. Also, by limiting the allowance for a maximum of four dogs to detached single-family dwellings, the quality of established residential neighborhoods would be preserved by minimizing potential noise, odors, and maintenance issues on surrounding residences. Zoning Compliance:Not Applicable Urban Design Guidelines Conformance:Not Applicable Environmental Status: ZTA No. 10-005 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act, because it is a minor zoning text amendment which does not change the development standards, intensity, or density of any zoning district. Coastal Status: The proposed amendment will be combined with other minor amendments that will be forwarded to the California Coastal Commission as a minor Local Coastal Program Amendment for certification. Redevelopment Status: Not applicable. Design Review Board: Not applicable. Other Departments'Concerns and Requirements: The proposed amendment was prepared as directed by the City Council with input and assistance from City Staff representing the City Attorney's Office and the Planning Division. The amendment does not affect the operations or services of other city departments. Public Notification: Legal notice was published in the Huntington Beach/Fountain Valley Independent on December 30, 2010, and notices were sent to individuals/organizations requesting notification (Planning Department's PC Staff Report 1/11/11 11sr04 ZTA iQ � - ��- Item 15. - 41 Notification Matrix). As of January 4, 2010, no comments have been provided to staff regarding the proposed amendment. No other communications supporting or opposing the request have been received. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S}: September 22, 2010 Legislative Action—Not Applicable ANALYSIS: Currently Section 203.06 Definitions of the HBZSO defines a "kennel" as any premises where four or more dogs (over the age of four months)are kept for any purpose, with the exception of veterinary clinics and hospitals. Kennels are categorized in the HBZSO as animal boarding facilities and classified as a commercial land use permitted with a conditional use permit in the Commercial General (CG) and Industrial (IL and IG) zoning districts. Kennels are not permitted in any residential zoning district and, as such, no residence would be permitted to keep four dogs under the current zoning regulations. The maximum number of dogs that a residence is currently permitted to have is three. The proposed amendment would allow property owners and tenants of detached single-family residences to have a maximum of four dogs provided that one of the dogs is a specially-trained service, signal or guide dog. The amendment would exclude residences that meet these requirements from being classified as a kennel, which would remain a prohibited use in residential zoning districts. Staff recommends the adoption of the proposed Zoning Text Amendment because it provides residents of detached single-family dwellings that depend on the services of a guide, signal, or service dog to enjoy the same benefits as other residents that can have up to three dogs as pets while accommodating for the specific needs of those individuals by allowing a fourth dog as a service dog. It should be noted that the revisions to the HBMC, which would be forwarded directly to the City Council for consideration, require residents requesting a fourth dog to obtain a Residential Animal Permit, notify surrounding residences, and provide proof that the dog is a specially-trained guide, signal,or service dog as defined by the Section 365.5 of the California Penal Code prior to issuance of the permit. Staff also recommends that the amendment only be applicable to detached single-family residences since issues related to noise, odor, and maintenance would be minimized in these areas. Also, since the provisions of Chapter 7 of the HBMC currently regulate these issues, compliance may be more challenging in areas developed with multi-family residential uses where there is no separation between residences and generally less private open space essential to maintain four dogs in a manner required by existing City regulations. ATTACIEI VIENTS: 1. Suggested Findings of Approval—ZTA No, 10-005 2. Draft Ordinance—ZTA No. 10-005 3. Legislative Draft—Chapter 203 HBZSO 4. City Council H-Item, dated July 12, 2010 5. City Council Minutes regarding H-Item action, dated July 19, 2010 6. Legislative Draft—Chapter 7.12.150 and 7.12.160 of the HBMC (for information only) 7. California Penal Code Section 365.5 �._""___— 1/11/11 4 11sr04 ZTA 10-005(Kennels) Item 15. - 42 H -298- ATTAC H M E N T #9 CA Codes (pen:346-368) Page 6 of 10 carrying on business eeper, or as a common carrier of passengers, who refuses, without ju se or exc entertain any guest, or to receive ry assenger, is guilty of a misdemeanor. er, an innkeeper who ha roceeded as authorized by S n 1865 of the Civil Code shall be rebu ly presum ave acted with just cause or excuse for purposes o his se ion. 365.5. (a) Any blind person, deaf person, or disabled person, who is a passenger on any common carrier, airplane, motor vehicle, railway train, motorbus, streetcar, boat, or any other public conveyance or mode of transportation operating within this state, shall be entitled to have with him or her a specially trained guide dog, signal dog, or service dog. (b) No blind person, deaf person, or disabled person and his or her specially trained guide dog, signal dog, or service dog shall be denied admittance to accommodations, advantages, facilities, medical facilities, including hospitals, clinics, and physicians, offices, telephone facilities, adoption agencies, private schools, hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited within this state because of that guide dog, signal dog, or service dog. (c) Any person, firm, association, or corporation, or the agent of any person, firm, association, or corporation, who prevents a disabled person from exercising, or interferes with a disabled person in the exercise of, the rights specified in this section is guilty of a misdemeanor, punishable by a fine not exceeding two thousand five hundred dollars ($2,500) . (d) As used in this section, "guide dog" means any guide dog or Seeing Eye dog that was trained by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or that meets the definitional criteria under federal regulations adopted to implement Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336) . (e) As used in this section, "signal dog" means any dog trained to alert a deaf person, or a person whose hearing is impaired, to intruders or sounds. (f) As used in this section, "service dog" means any dog individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items. (g) (1) Nothing in this section is intended to affect any civil remedies available for a violation of this section. (2) This section is intended to provide equal accessibility for all owners or trainers of animals that are trained as guide dogs, signal dogs, or service dogs in a manner that is no less than that provided by the Americans with Disabilities Act of 1990 (Public Law 101-336) and the Air Carrier Access Act of 1986 (Public Law 99-435) . (h) The exercise of rights specified in subdivisions (a) and (b) by any person may not be conditioned upon payment of any extra charge, provided that the person shall be liable for any provable damage done to the premises or facilities by his or her dog. W Any trainer or individual with a disability may take dogs in any of the places specified in subdivisions (a) and (b) for the purpose of training the dogs as guide dogs, signal dogs, or service dogs. The person shall ensure that the dog is on a leash and tagged as a guide dog, signal dog, or service dog by an identification tag issued by the county clerk or animal control department as authorized Item 1.5. - 44leginfo.,a.gov/cgi-bin/displaycode .� _'. .-n&group=00001-01000&file=... 10/13/2010 CA Codes (pen:346-368) Page 7 of 10 by Chapter 3.5 (commencing with Section 30850) of Division 14 of the Food and Agricultural Code. In addition, the person shall be liable for any provable damage done to the premises or facilities by his or her dog. 365.6. (a) Any person who, with no legal justification, intentionally interferes with the use of a guide, signal, or service dog or mobility aid by harassing or obstructing the guide, signal, or service dog or mobility aid user or his or her guide, signal, or service dog, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine of not less than one thousand five hundred dollars ($1,500) nor more than two thousand five hundred dollars ($2,500) , or both that fine and imprisonment. (b) As used in this section, the following definitions shall apply: (1) "Mobility aid" means any device enabling a person with a disability, as defined in subdivision (b) of Section 54 of the Civil Code, to travel independently, including, but not limited to, a guide, signal, or service dog, as defined in Section 54.1 of the Civil Code, a wheelchair, walker or white cane. (2) "Guide, signal, or service dog" means any dog trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, pulling a wheelchair, or fetching dropped items. (c) Nothing in this section is intended to affect any civil remedies available for a violation of this section. 365.7. (a) Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined in subdivisions (d) , (e) , and (f) of Section 365.5 and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code, shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000) , or by both that fine and imprisonment. (b) As used in this section, "owner" means any person who owns a guide, signal, or service dog, or who is authorized by the owner to use the guide, signal, or service dog. Except as provided in subdivisions (d) and (e) , it 1 be unlawful for erson to knowingly acquire, re i sell, promote the transfer o otherwise transf ny human organ, for purposes of transplantation, fo u consideration. (b) Except as provided in sub si d) , (e) , and (f) , it shall be unlawful to remove or tra ant any human an with the knowledge that the orga as been acquired or will ransferred or sold for valuable c ideration in violation of subdivisi (a) . (c) For purp s of this section, the following definitions ply: (1) "Hum organ" includes, but is not limited to, a human kidn y, liver, rt, lung, pancreas, or any other human organ or non r ewable or nonregenerative tissue except plasma and sperm- http://www.leizinfo.ca.aov/ciii-bipJdisDIavcode': Item 15. - 45 http://www.leizinfo.ca.aov/ciii-bin/disDIavcode:.... -1 .,en&croup=00001-01000&file=__. ..,, , -,., ATTACHMENT # 10 Item ,5 . 46 -302- G ` o G �., / � �r//ko// � /7� "'" �\\ i � \ �I� mil _y / `f 0i r• / - r % a /,�..:ki.,,� yr. i<,,.. / /ar r/ +.,, / �/r�� /;•• r- ', ,„�.,• OR \ yH � \C `/�e'��✓_. .l '. .E r/" /.,, / '� �./ i, ✓ err s;`; ./6-vn .... ......... 111"""'W", �F "W, A,p",wi� -71% ami! Ow ........ 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L/ �`:;,. _. •a";% \ '':',. /i £� ��;:: / � ' 'i/% /// of ....�'.';`'�� y r, Via. a,.`\\\ r a / rr t y WIN .. ., ,...-_ ,, .,.,. / C ', ... �i/ ./////. \, /✓„�:.00 +': "'\ 1, .a r. --� \ �.Y• as ..c/ ../; ,./ y. ....� / ti� s So / M a K.. e a ,r\a \ u zl- Z aFA �t n .S \ .. y T'A, .ai, eras dM"rp 1 SIS 11 !"I", A //0 �w 7"- y, / ta �S\\ \ �`"R 5 71, od%^ 4�t�Ja ect�or� 7 �. 17 . r \IM � �.. a iert i i to kernels/a es�de teal l r ase 2 % Km C) .,..:,_ z ... . ® Y ® yam` © .w 4�1nd nos Were dorcted the Cat ® iso t ® �� r u�° ®fie oft a pr se T a n Y amendments Aso allow, ro � ert owners an : ` tenants of p y detached single-family residences to nave a ma imunl o four dogs, provided that one of the dogs is a 's eciany trained s'ervice, ,signal r ld o as defined by the California e-na-1 Code a 1 ''y fir. 9 '«,"q'G, "/'' ,s.i,�� '` � ✓ � ���.. � i,�' � ..�: wE �, � ng j e n A. miray s ra Mal MAN � •:.sue � F., �as � .r�� s .�� �? k r �' ,` u ,}� Pri mw OR -,pi z , / / y ,, IW „ qvwd r i ■F rs rrird ao � aI bV,ar � t','t"rt = a z r �tt�d � . �ongr�� I, er� r <I. C wwrl .. s x a c ,I z mr distr�cts onlyIP- M t ■ Kenn-eIs" 8,re prohibited in all Residential z®nine districts. / ._+ CD x " a .a, ,% p#j,y /.: 4�' KFY ��4: ov-ixa `%' 1„ � %'> �� ��;•i "'aYb/// /F G�"v?...... 4' . . l=44"NQU I F mx t \> a 1 y r .a aiPff a�„ b„ xr. �`�waz: s -go t e r_' s'de` w I ahir, I er i. ��,. hed sin: far �l anF. n.ot�fo. on.t. cat a? aa,.-.a. �r�¢ ..,;x. „ f"- ....K,'=e d _.;_/" £�: -i .-r4 =.,, ,s::: _.... �&;'�: �.:•� h e": ® Q Fmk - yi �f.. K,.. .": -� res dense:" urroun en residences , : �; O� ,, \ r'' 0 .. � ' �` a � : Ilk weoul b re ua"red. K ,., ems..: sy,. ,�,�r � ,.�. .. 1,-+. s. ., al ate. : • .:?st x m, tat�on that the f} CD w '�" ..'"'•` w,✓,,," if 4 _ ,• ra '', • ,'�v;. X,,ark 4, • F^ i , f urtm dof os a ecial'l, The residentialanrrtal permit m =>- . : Y a .k..._ Xr`ms ��1-� �, � sx� -.f- u ! e � a = �noould include standard � . trrai'ne service signal or s id • r conditionsNof aproualto u e d® as defined by M ensure that su§rr®und n R California Penal Code os �5 y R single-family resigdences Prowided.�� would notbeadversely affected by noise and odor. The applicant would be required, to sign an affidavit agreeing to the conditions of approval. �- hU i�?ryiY�' �s �" '?� "�' '\\c�``c'/.r'//r„': � ;:/✓uo "��y,y �/ .�� z �; �� 31 ?�. «3 0�i i %" \ „\\\C\\�'✓w r l`\��'� � ' -:-��s ." ��\ E"/� �r\" ��l � 3j �n'. ��\ S .$'�.. pt yam; ,,,� \, ".... \•: �. E. 9 / e /r W /! v. e ,rr, F i y ,h � z 3, / W, aw, / f �y 1 �j u F 5 , \.. , ,.. �`\` ,bra ':✓/ f p 1 / M-, xr ax k ✓ ' " 1 \ Ign Im ._ rIPWI r1 ME ""d iv gv �\ Im aR NNW o \ ; �Np, p r A ¢t tH'B"M C � { �2 ., r � Is� r e 16 TITN""" , "00 '0 ( r% sai iI r � r i � _ w� .........ancer',,,',,',�� CD f: '� NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, February 22, 2011 at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: L) 1. ZONING TEXT AMENDMENT NO. 10-005 (KENNELS) Applicant: City of Huntington Beach Reguest: To amend Section 203.06 — Definitions of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to revise the definition of a kennel. The amended definition would exclude detached single-family residences with a maximum of four dogs from being classified as a kennel provided that one of the four dogs is a specially-trained service, signal, or guide dog as defined in Section 365.5 of the California Penal Code. The proposed Zoning Text Amendment was initiated by the City Council in response to requests by City residents. The Planning Commission reviewed the proposed Zoning Text Amendment on January 11, 2011 and recommends approval of this request. Concurrently, but not subject to a public hearing, is a proposal to amend Chapters 7.12.150 and 7.12.160 of the Huntington Beach Municipal Code (HBMC) pertaining to kennels and residential animal permits, respectively. Location: Citywide Project Planner: Michael Fuentes 1. NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt from the provisions of the California Environmental Quality Act. 2. NOTICE IS HEREBY GIVEN that Item # 1 will require a Local Coastal Program Amendment certified by the California Coastal Commission. ON FILE: A copy of the proposed request is on file in the Planning and Building Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday, February 17, 2011. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning and Building Department at 536- 5271 and refer to the above items. Direct your written communications to the City Clerk. Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 jflynn@surfcity-hb.org &TEGALS\CITY COUNCIL\2011\022211 (Kennels).docx "ROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, which was adjudged a newspaper of NOTICE OFPUBUCHEONG ' ` general circulation on August 24, 1994, BEFORE THE MYCOUNIOI OF.THE CITY OF HUNDNGTON BEACH case A50479, for the City of Huntington- NOTICE IS HEREBY GIVEN;that on Tuesday, February 22,.2011 at6:0( l p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach Beach, County of Orange, and the State the City Council will hold,a public hearing on the fo , llowing planning,'and j zoning items: of California. ,_:Attached'to this Affidavit is ❑1.ZONING TEXT AMENDMENT NO..10-OOS(KENNELS)Applicant:City of Huntington"Beach Request: To amend Section 203.06 - Definitions.of a true and complete.copy.as-was:printed the Huntington Beach zoning,and Subdivision Ordinance, to revise , the definition of a kennel.,The amended definition would exclude detached ` and published'on the following date(s), single-family residences with a maximum of.four dogs from being classified < as a kennel provided.that one of the four dogs is a specially-trained service;signal, or guide dog as defined in Section 365.5 of the California j Penah Code: The proposed Zoning Text Amendment was initiated by the City Council in'response'to requests by,City 'residents. The Planning ,I Commission reviewed the proposed Zoning Text Amendment on January j 11, 2011 and recommends approval of this request.Concurrently, but not I subject to a public hearing;.is a.proposal:to amend Chapters 7.12.15Y and 7.12.160 of the,Huntington Beach Municipal Code.(HBMC) pertaining to February 10, 2011 kennels avid residential animal permits,respectively.. Location:Citywide Project Planner:Michael Fuentes j 1. NOTICE IS HEREBY'GIVEN that Item#1 is categorically exempt from the I provisions of the California Environmental Quality Act. 2. NOTICE IS HEREBY GIVEN that Item # 1,will require a Local Coastal Program Amendment certified by the California Coastal Commission. eertif or declare under rlenalt of ON FILE: A copy of the proposed request is on file in the:Planning and y p Y Building Department,2000 Main Street,Huntington Beach,California.92648, er that th fin is true and for.inspection'by the public.'A copy of the staff report will be available p 1ur y e ore o g g to interested parties at the City Clerk's-Office on Thursday, February 17, 2011. correct. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the,application as outlined above. If you challenge-the,City Councils,action in court,;you may be limited to raising only those issues you or someone else raised at the public hearing. described in this notice, or An written correspondence delivered to the City at, or,prior to, the public hearing. If there are any Executed on February 10 2011 further questions.please ,call the Planning and Building.Department at 536-5271 and refer to the,above items:Direct your written communications at Costa Mesa, California to the City Clerk. Joan,L.Flynn,City Clerk City of Huntington Beach 2000 Main Street,2nd Floor Huntington Beach,,California 92648 (714)536-5227 r jflynnQa surfcity-hb.org l Published Huntington Beach Independent Februar 10,2011 022.465 $iqnatupc . 09L8/09L5®/G9ng OW alglledwoo ww L9 x ww 9Z lewaol ap 0119nbl13 L8/09L9®AjoAV ul!m olglladwoa,,8/5 Z x«L ozls lagel 1 _. 3 HS Chamber of Commerce Orange County Assoc.of Realtors Amigos De Bo ca President Dave Stefanides eut 19891 Beach Blvd.Ste. 140 25552 La Paz Road .O.Box i563 Huntington Beach,CA 92648 Laguna Hills,CA 92653 untington Beach,CA 92647 4 6 Sunset Beach Community Assoc. Huntington Beach Tomorrow Building Industry Assoc"of South Calif Pat Thies,Pre " President Attn:Elyse Sminiada,Govt. Affairs Asst. 15 PO Box 865 17744 Sky Park Circle,Suite 170 S h,CA 90742-0215 Huntington Beach,CA 92648 Irvine,CA 92614 o SCAG ETI:Corral 100 Environmental Board Chair Richard S Jean Kimbrell Robert Smith 818 W 2th Floor 20292 Eastwood Circle 21352 Yarmouth Lane geles, CA 90017 Huntington Beach,CA 92646 Huntington Beach,CA 92646 10 11 -12 Huntington Harbor Matrix Environmental Rutan&Tucker,LLP P Attn:Shawn Gaue anner Jeffrey M:Oderman Beach,CA 90742 6701 ve West#900 611 Anton Blvd_, 14th Floor s Angeles,CA 90045 Costa Mesa,CA 92626-1950 15 Newland House Museum Historic Resources Board Chair Council on Pres.,H.B.Historical Society Barbara Haynes 17 ge Ave. 19820 Beach Blvd. 19341 Worehester Lane H n Beach,CA 92648 Huntington Beach,CA 92648 Huntington Beach,CA 92646 16 16 -16 Seacliff HOA Seacliff H -- Seacliff HOA Jeff Me tze oe Lou MawagVoop 19391 S r Circle 82 Surfdale Lane 198 Bluff Circle H n Beach,CA 92648 Huntington Beach,CA 92648 HdMigton Beach,CA 92648 16 17 -18 Sue Johnson Mrst Pacific Coast Archaeological Soci c. 19671 Quiet Ba thira Circle Attn:Jane C Huntin A 92648 oOrIMington Beach,CA 92648 P. 0926 esa,CA 92627 19 19 20 O.C.Ping.&Dev. Services O.C_Resources&Develop.M ept. City of Costa Mesa 490�CA92702-4048 Bryan Plannin ox 4048 x 1200 anta Ana,CA 92702-4048 Mesa,CA 92628-1200 21 22 23 City of Fountain Valley, City of Newport B City of W Planning_ PI a r Pl or 1 er Ave. Box 1768 8 esti inter Blvd. Valley,CA 92708 Newport Beach,CA 92663-8915 estminster,CA 92683 24 25 25 City of Seal Beach California Coastal Commission California Coastal Commission Planning Theresa Henry South Coast Area OIAW 2 th St. South Coast Area Office 200 Oc Floor ch,CA 90740 200 Oceangate, loth Floor Lo ch,CA 928024302 Long Beach,CA 92802-4302 ® label size 1"x 2 5/8"compatible with Avery/55160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 09 L9/09L5®Aaany pane a1g11edwoa ww L9 x ww gZ Lewaol ap 909nbll3 09L8/09Lg®ti9ny qj!m alglledwoo,,8/g Z x„L azls lagel a r 26 27 28 Department of Transportation,Dist 12 Local.Solid Waste Enf.Agy. Huntington B Post Office Christopher Herre,Branch Chief O.C.Health Care Agency New Gro rdinator 3337 Mrc n Dr.,Suite 380 ector 6771 W er Ave. Irvine, 92612-1699 P.O x 355 Huntington h,CA 92647 Santa CA 92702 29 30 , 30 Fountain Vall Elem..School Dist. HB City Ele lary School Dist. HB City Eleme School Dist Ecker Kathy Kessl Superintendent D erry 10055 er Avenue 20451 er Lane 20451 C er Lane Fountain ey,CA 92708 Huntington ch,CA 92648 Huntington , ch,CA 92648 i 31 32 33 Ocean View in.School Dist. Westminst chool District HB Union Hi School District Attn: Cindy ,Admin. Services Cl pion Step Ritter 17200 ursiLane 14121 ood Avenue 5832 Avenue Huntington h,CA 92647 W ,CA 92683 Huntington h,CA 92649 34 35 36 Cannery Hamilto roes,LLC Golden College OC County Harbor ch&Parks Dept Ascon Landfill Site o Tamara Zeier Attn: Owens P.O. x 4048 One Pointe Dri Suite 320 15744 nwest St. Santa Ana, 92702-4048 Brea,CA 821 Huntington ch,CA 92647 37 38 38 Bella T Country Vi Estates HOA Country Vie tes HOA Altn:Pat Ro s-Laude C omas Gerald pman 7777 Edinger 7e. #300 6642 er Drive 6742 S Circle Huntington Bea CA 92647 Huntington ch,CA 92648 Huntington h,CA 92648 39 39 40 Meadowl Mead ark Area Hearthside Homes Sally G Chetyl rowning 6 Executive Circle,Suite 250 5161 Geldin ircle 16771 R sevelt Lane Irvine,CA 92614 Huntington Beac A 92649 Huntington ch CA 92649 41 41 42- BoLsa Chica Trust Bolsa C Land Trust OC Samta'on District 5200 Warner Av e,Ste. 108 Evan H ,President 10844E Avenue Huntington Beae CA 92649 1812 Po iffin Place Fountain V ,CA 92708 Newport B ch CA 92660 42 42 42 AES HuE each,LLC Ric Loy Jo y Eric Pend t Manager 9062 ui Drive 22102 rt Lane 2173l Street Huntington B h,CA 92646 Huntington CA 92646 Huntington B CA 92646 43 44 45 HB Coastal Co ties Assoc. Downtown Bus' Association Downtown Resi Association David do Mr. St aniels Ms.Marie Germain 143 E.Mea venue 200 Main t#106 505 Orange,C 92865 Huntington h,CA 92648 Huntington B CA 92648 46 46 47 GabrielenafTongv ribal Council Juaneno Band ssion Indians AYSO on 55 C n Acjach Nation Commissio uss Marlow PO Ba 3 31411 La Street 18111 Bre li Circle San Gabriel, 91778 San Juan Capistran A 92675-2625 Huntington B CA 92647 label size 1"x 2 5/8"compatible with Avery 05160/8160 ® Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 09L9/09L5®Aaany oaAe alglledwoo ww Lg x ww gZ lewiol op ollogbll3 09L8/09Lgo fuaAy gl!m alglledwoo„g/g Z x«L ozls iagel 47,. 47 47 AYSO legion 56 AYSO wn 117 AYSO Regi 143 D Pike Commisioner Almanza David Kui 20091 T ail Lane 9049 d Ave. 16033 Bolsa C #104 Huntington ch,CA 92646 Fountain Vall CA 92708 PUB#1 Huntington Beac A 92649 47 47 47 Huntington Bea Jr.All American Huntington Beach Warner Football Gold Coast eme F 1 David yder Rick Bauer, ident Barry ck 5341 wilt 20501 Sub Lane 18432 win Lane Huntington CA 92649 Huntington Bea CA 92646 Huntington h,CA 92647 47 47, 47 North Huntington ch Futbol Club South Coast Bay Futbol Club Huntington Beach uth LaCrosse President Sh n Walter Mari ena Michael e 1511 Lak a Lane 22222 Eug1 Lane 17761 Lane Huntington CA 92648 Lake Forest, A 92630 Huntington Bea CA 92649 47, 47 47 Oakview Rene Partnership Fountain Valley ny Baseball Huntington Beach iris Softball Jose R guez Al Gerry Steele, iderd 7850 Slater ,Space 59 14591 Yu Circle 6172 She Dr. Huntington B CA 92647 Huntington CA 92647 Huntington Bea CA 92647 47 47 47 Huntington Valle ittle League Ocean View L e League District 62 Chall er Division Michael Cher Stephanie President Gail er 9767 Corn Drive 18041 S t Lane 17961 Scoti le Huntington B CA 92646 Huntington B CA 92649, Huntington Beac CA 92647 47 47 47 Robinwood a League Seaview Li League South Huntington Beac iris Fast Pitch Kathryn B tel-Lui Michael Softball 6551 Re Circle P.O.Bo 305 Barry Colt Huntington Bea CA 92647 Huntington Bea CA 92615 P.O.Box 73 Huntington Beach, 92615 47 48 49 West County F y YMCA Westminster ge HOA Coastkcepe Taina Hyuven/Aar Hoisington 5200 Blac 1 Road Gary Bro 19891 Beach d.#17 Westminster, 92683 3151 Airway Ave. S F-110 Huntington Beac CA 92648 Costa Mesa,CA 3 50 51 - 51 Briggs Law C ration Regional Environme cer for Calif US Navy Attn:Valerie A osqueda Western Region E ion Office Sheila Donovan 99 East"C"Sir Suite 11 US Air Community Plans&Liaison rdinator Upland,C 1786 333 Market S Suite 625 1220 Pacific High San Francisco,C 94105-2196 San Diego,CA 92132 190. 51 51 51 Fort Western Region E nmental Office Fort Hunter-Ligge Lt.Goi.Paul tamer Patrick Chris Director Mr_Peter Rubin Director of Public Wo Nan Training US Marine Corps ding 1164 Director of Public W Cutr Box 55 Combat Support Training; ter PO Box 1 97 (`am Pen Box 92055-5246 B790 Sth St Fort Irwin,C 2310 p Parks RFTA Dublin,CA 9 68 ® label size 1"x 2 5/8"compatible with Avery 05160/8160 biauette de format 25 mm x 67 mm compatible avec Avery 05160/8160 F°0 E CITY OF II�JNTINGI'ON EACH City Council Inter-Office Communication 0 TO Honorable Mayor and City Council Members FROM Jill Hardy Mayor Pro Tern Keith Bohr City Council Member DATE July 12 2010 SUBJECT "H" ITEM FOR JULY 19, 2010, CITY COUNCIL MEETING — PERMIT A 4T" DOG AND NOT BE CLASSIFIED AS A KENNEL STATEMENT OF ISSUE Municipal Code Section 7 12 150 defines a kennel as any property that four or more dogs or cats over the age of four months are kept or maintained for any purpose Additionally it states that no person shall keep or maintain a kennel within 200 feet of any dwelling house except the dwelling house of the person in control of the kennel The Huntington Beach Zoning and Subdivision Ordinance prohibit kennels within all residential districts Occasionally residents have requested to house a fourth dog which in some cases are service dogs to assist them in their everyday living Housing the fourth dog now constitutes the residence as a kennel and puts the resident in a difficult situation The resident is forced to give away one of their pets or not obtaining the service dog This makes for a very difficult decision for the resident We would like to propose the City Council modify the existing ordinance regarding dog limits and kennels so residents would be allowed to house a service dog as a fourth animal If the City Council is in agreement we would ask the City Attorney to draft the appropriate ordinance modifications RECOMMENDED ACTION Direct the City Attorney to prepare ordinance allowing service dogs to be permitted as a fourth dog and exempt from the three dog limit KB SH jk XC Fred Wilson City Administrator Paul Emery Deputy City Administrator Bob Hall Deputy City Administrator Scott Hess AICP Director of Planning and Building Jennifer McGrath City Attorney C\Documents and Settings\esparzap\Local Settings\Temporary Internet Files\Content Outlook\EVZI IETS\0712jk(H Item Bohr)doc Esparza, Patty From Surf City Pipeline [noreply@user govoutreach com] Sent Tuesday July 20 2010 8 12 AM To CITY COUNCIL agendaalerts@surfcity hb org Subject Surf City Pipeline Comment on an Agenda Item (notification) Request# 5892 from the Government Outreach System has been assigned to Johanna Stephenson Request type Comment Request area City Council Comment on an Agenda Item Citizen name Barbara Hanson Description Dear Honerable Council, This communication is requesting your support for item#18 on the City Council agenda of your 19 July meeting This is the HB Municipal Code that would if passed, allow disabled HB residents be exempt from the kennel rule, if they already have three dogs and their 4th dog is a Service Dog This adds no financial burden to our city Please allow those with disabilities whose lives are already complicated enough let them keep their pet family intact and not let them bear any further emotional hardships Their pet families are a source of joy to them, don't take what little these people have away from In today's economy there are already too many pets that have been displaced due to the economic household downturn Lets not add to that list where these pets may wind up in animal shelters that are already overcrowed, abandoned or unwanted Don't let these people with physical disabilities struggle with the decision of needing and benefiting from a service dog or trying to save their existing pet family Please put yourself in their shoes and make the right humane decision for both them and their pets Sincerely, Barbara Hanson HB Resident Expected Close Date 07/21/2010 Click here to access the request Note This message is for notification purposes only Please do not reply to this email Email replies are not monitored and will be ignored i Esparza, Patty From Surf City Pipeline [noreply@user govoutreach com] Sent Monday July 19 2010 8 04 AM To CITY COUNCIL agendaalerts@surfcity hb org Subject Surf City Pipeline Comment on an Agenda Item (notification) Request# 5875 from the Government Outreach System has been assigned to Johanna Stephenson Request type Comment Request area City Council - Comment on an Agenda Item Citizen name Beverly Hancock Description Please support the new ordinance to allow families who require a service to have 4 dogs Thank you Beverly Wallace 40 year resident of Huntington Beach Expected Close Date 07/20/2010 Click here to access the request Note This message is for notification purposes only Please do not reply to this email Email replies are not monitored and will be ignored ( mLa;-- UIQ/c.0716 A) 1 Esparza, Paq From Surf City Pipeline [noreply@user govoutreach com] Sent Monday July 19 2010 8 10 AM To CITY COUNCIL agendaalerts@surfcity hb org Subject Surf City Pipeline Comment on an Agenda Item (notification) Request#5876 from the Government Outreach System has been assigned to Johanna Stephenson Request type Comment Request area City Council - Comment on an Agenda Item Citizen name Karen Bodge Description Dear HB City Council members, Please support item# 18 on the City Council agenda at your meeting tomorrow night Allowing a 4th "service dog" will allow those with disabilities requiring such a "service dog" to keep their 3 dogs intact as a family while still benefiting from the assistance of a service dog Thank you, Karen Bodge 15732 Hummingbird lane HB Expected Close Date 07/20/2010 Click here to access the request Note This message is for notification purposes only Please do not reply to this email Email replies are not monitored and will be ignored Esparza, Patty From Surf City Pipeline [noreply@user govoutreach com] Sent Monday July 19 2010 8 13 AM To CITY COUNCIL agendaalerts@surfcity hb org Subject Surf City Pipeline Comment on an Agenda Item (notification) Request# 5877 from the Government Outreach System has been assigned to Johanna Stephenson Request type Comment Request area City Council - Comment on an Agenda Item Citizen name Randy Liedahl Description To the City Council Members of Huntington Beach, I am writing to ask you to support item# 18 on the City Council agenda at your next meeting of July 19th Allowing a 4th "service dog" will allow those with disabilities requiring such a "service dog" to keep their 3 dogs intact as a family while still benefiting from the assistance of a service dog I believe that many families have had to struggle with that difficult decision in the past which can be cruel and unfair to their existing"family" and can lead to potentially additional overcrowding of our already heavily taxed animal shelters Thank you, Randy Liedahl Team Lead, Airframe & Aircraft Systems C 17 Supply Chain Operations Boeing Integrated Defense Systems (562) 593 3830 Tel (562) 342-7527 Fax Expected Close Date 07/20/2010 Click here to access the request Note This message is for notification purposes only Please do not reply to this email Email replies are not monitored and will be ignored - W/ o i Esparza, Patty From Surf City Pipeline[noreply@user govoutreach com] Sent Monday July 19 2010 8 13 AM To CITY COUNCIL agendaaierts@surfcjty-hb org Subject Surf City Pipeline Comment on an Agenda Item (notification) Request#5877 from the Government Outreach System has been assigned to Johanna Stephenson Request type Comment Request area City Council - Comment on an Agenda Item Citizen name Randy Liedahl Description To the City Council Members of Huntington Beach I am writing to ask you to support item# 18 on the City Council agenda at your next meeting of July 19th Allowing a 4th "service dog" will allow those with disabilities requiring such a "service dog" to keep their 3 dogs intact as a family while still benefiting from the assistance of a service dog I believe that many families have had to struggle with that difficult decision in the past which can be cruel and unfair to their existing"family and can lead to potentially additional overcrowding of our already heavily taxed animal shelters Thank you Randy Liedahl Team Lead, Airframe & Aircraft Systems C-17 Supply Chain Operations Boeing Integrated Defense Systems (562) 593-3830 Tel (562) 342-7527 Fax Expected Close Date 07/20/2010 Click here to access the request Note This message is for notification purposes only Please do not reply to this email Email replies are not monitored and will be ignored L 0 J 07/19/2010 10 15 714375e744 BENT PAGE 01 Please add to the pet tManent record Deborah Bent P 0 Box 19051 Goldenwest Suite 106 hTuntington Beach CA 92648 Tuly 19 2010 City o L Huntington Beach 1000 Main Street Huntmgton.Beach CA 92648 Honorable Mayor and City Council I support raising the dog limit to 4 for therapy dogs T also urge you to consider raising the limit fai pure bred Show dogs Long Beach used to have a limit of 4 dogs until the animal rights extremists got involved They do not believe in ownership of animals Thank you for your consideration Sincerely, Deborah Bent Huntington Beach Resident Esparza, Patffy From Surf City Pipeline [noreply@user govoutreach com] Sent Monday July 19 2010 11 50 AM To CITY COUNCIL agendaalerts@surfcity hb org Subject Surf City Pipeline Comment on an Agenda Item (notification) Request# 5882 from the Government Outreach System has been assigned to Johanna Stephenson Request type Comment Request area City Council - Comment on an Agenda Item Citizen name Lisa Brooks Description Dear City Council members I am writing to beg you to support item# 18 on the City Council agenda at your next meeting of July 19th Please allow a 4th "service dog" to those individuals and families and allow those with disabilities requiring such a "service dog" to keep their 3 dogs intact as a family while still benefiting from the assistance of a service dog It will only lead to a loved pet and helpful animal providing service, to terminated or left to find a home when he is already being well cared for At a time when there are so many unwanted and uncared for pets, why would this make any sense? Sincerely, Lisa Brooks Forbes Lane HB CA 92649 Expected Close Date 07/20/2010 Click here to access the request Note This message is for notification purposes only Please do not reply to this email Email replies are not monitored and will be ignored Esparza, Patty From Surf City Pipeline [noreply@user govoutreach com] Sent Monday July 19 2010 2 26 PM To CITY COUNCIL agendaalerts@surfcity hb org Subject Surf City Pipeline Comment on an Agenda Item (notification) Request# 5884 from the Government Outreach System has been assigned to Jennifer McGrath by Kay Van Dorn Request type Comment Request area City Council Comment on an Agenda Item Citizen name Diane Amendola Description Ms Amendola wants City Attorney to check the ADA law to make sure service animal is not already exempt from usual dog licensing She feels this is already "on the books" that service dogs are allowed so why make it a law/ordinance in HB? She would like the Council to make an temporary allowance for sons/daughters that have a dog and are forced (due to economics) to move back into the home that already has the limit(3) of dogs She feels this makes more sense that the current proposal Expected Close Date 07/20/2010 Click here to access the request Note This message is for notification purposes only Please do not reply to this email Email replies are not monitored and will be ignored Lugar, Robin From Surf City Pipeline [noreply@user govoutreach com] Sent Monday July 19 2010 3 24 PM To CITY COUNCIL agendaalerts@surfcity hb org Subject Surf City Pipeline Comment on an Agenda Item (notification) Request#5887 from the Government Outreach System has been assigned to Johanna Stephenson Request type Comment Request area City Council - Comment on an Agenda Item Citizen name Cindy Cross Description Dear Mayor Green and Councilmembers, I am writing to urge you to support the item submitted by Councilmembers Bohr and Hardy, revising the city ordinance to make an exception to the "3 dog limit," if the fourth dog is classified as a "service dog " I realize that people can take advantage of this rule and that there are many, many irresponsible pet owners in our town However,there are also great pet owners who would like to participate in fostering (or even adopting) service dogs without having to give up one of their current pets Maybe we should spend our time and resources on cracking down on the irresponsible people in our city, instead of penalizing those who are good citizens doing good works I have no issue with the city requiring a special permit to have a fourth dog - or even checking out the environment in which these dogs would be kept But, I personally know a couple of people whose lives and families would be subjected to unnecessary heartbreak should the current ordinance force them to part with one of their pets I hope you rule in favor of changing the ordinance (And, I get a good feeling you will Sincerely, Cindy Cross 6612 Jardmes Drive Huntington Beach, CA 92647 714/487-7647 Expected Close Date 07/20/2010 Click here to access the request Note This message is for notification purposes only Please do not reply to this email Email replies are not monitored and will be ignored v � /1-J / ' t A I J F 0 K N I A [ t1) FRA ] ICON r1� 1) 0Cr CLC1RS ,uly 1Q, 2010 Cloy of 1- untington Beael 1000 plain Streit Huntin(4ton Beach, CA 92646 Fiore€a(1ic Mayor Ind City Council The Caltfor n€a f ederatlon of Dog Clubs i ept esents thjusand:. e clocy thi oughout our state We promote and support i esp:on,;ible dog owncm ii� and jut)nomous management We support your proposal to ease the linri% 'e, v i, you€ city f'et hinit rctw, Are unnecessary to protect the well being of people and anirrreil, are orbitraiy and intrusive b penali7e l e&ponsible, Caring pet owner s force, many caregivers to stop providing care to homoless :inimcila put the lives of even well car ed for animals at risk a fail to pi event it responsible pet owners from acquit my or cL)Using animals iedUre numbeis of available homes for shelter animdla 1 helt diL the myths associated with limit laws' • Limit laws prevent "Over population I his is a Conti OVOrS dl 010 pejorative tei m generally arising frog an imbalance betwtt'en onmicils m shelters and public demand for this source of anirnala if anything, linitt Idws contribute to this imbalance rather than pt evE Ilt it. Limit laws prevent nuisances Unsanitary conditions, exce,siao noise and interfor once with property ate all unlawful in virtually every con-iMur)€ty r egardless of whether pets inhabit the pi emise5 of not • i emit maws prevent cruelty rhete is virtually no corre'ativr, oerwE-en number of animals owned and the kindness of an owner Limit taws pi event hvai ding " Hoai ding has been €dent tied cis or e manifestation of p yychiatnc disorder involving obse55ive colnrulsivc beticivior and i-re t.nhkUy to be prevented by laws We c Lipport you' proposal to ease your limit law and encourdge YOU to repeol such Iillnite, entirely please add our support to the public ;ecoid Offit,(,rc and Board of Directois California Federation of Dock Clubr* Pt) r}{3VIM rA\l -NSl it l %1IFU1kh14 9 W 44 Joan L. Flynn, City Clerk ® ����� 012H16209'932 City of Huntington Beach � `" Office of the City Clerk o a� P.O. Box 190 � � �_'-'' � '� Huntington Beach, CA 92648 Ig Co- 02t�or2o�� i.Fai)ed From 92548 US POS-I!-AGE LEGAL NOTICE - PUBLIC HEARING •N'Y.=.� tf t zf t 2 e ETI:Corral loo e Jean Kimbrell 20292 Eastwood Circle Huntington Beach,CA 92646 0 , MxXIC 927 DE: 012/1s.f RETURN TO SENDER NOT DF-.LTVERASLF— AS ADDRESSCO UNABLE TO FORWARD ft y� i9Z54�1l"rCi1tt�r09 tj.� r jj> 11t't: '- 7''21 9 ice• C13G I �.!w-I5 �94W0 �1RIA7TIIRIilI7)7i3illi.11]I�77RiiRIII?/#7II1)71777I)I)7)7i�7}�