HomeMy WebLinkAboutCity Council - 2018-60 RESOLUTION NO. 2018-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, STATE OF CALIFORNIA, ADOPTING LOCAL COASTAL
PROGRAM AMENDMENT NO. 18-001 AND REQUESTING ITS CERTIFICATION BY
THE CALIFORNIA COASTAL COMMISSION
WHEREAS, after notice duly given pursuant to Government Code Section 65090 and
Public Resources Code Sections 30503 and 30510, the Planning Commission and City Council of
the City of Huntington Beach held public hearings to consider the adoption of the ordinances
included in Huntington Beach Local Coastal Program Amendment No. 18-001, and such
amendment was recommended to the City Council for adoption; and
The City Council, after giving notice as prescribed by law, held at least One public meeting
on the ordinances included in the proposed Huntington Beach Local Coasta- Pvo gram Amendment
No. 18-001, and the City Council finds that the proposed amendment is consistent with the
Huntington Beach General Plan, the Certified Huntington Beach Coastal Land Use Plan and
Chapter 6 of the California Coastal Act.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1. That Huntington Beach Local Coastal Program Amendment No. 18-001 is
hereby approved, consisting of certain Ordinances pertaining to five Zoning Text Amendments
(ZTA) as listed below:
Exhibit Ordinance Subiect Description
A. No. 4089, No. 4090, ZTA No. 16-001 Community Development Department
No. 4091, No. 4092, Name Change
No. 4093, No. 4094,
No. 4095, No. 4096
No. 4097, No. 4098,
No. 4099, No. 4100,
No. 4101, No. 4102,
&No. 4103
B. No. 4137 ZTA No. 17-001 Prohibit Non-Medical Marijuana
Resolution No. 2018-60
C. No. 4136 ZTA No. 17-003
D. No. 4131, No. 4132, ZTA No. 17-006
No. 4133, No. 4144,
No. 4145, & No.
4146
E. No. 4156 ZTA No. 18-001
Small Cell Wireless Facilities
Remove References to CA State Law
Beer and Wine Sales in OS -PR Districts
Copies of the aforesaid ordinances and resolutions are attached hereto as Exhibits A through E,
respectively, and are incorporated by this reference as though fully set forth herein.
SECTION 2. That the California Coastal Commission is hereby requested to consider,
approve and certify Huntington Beach Local Coastal Program Amendment No. 18-001.
SECTION 3. That pursuant to Section 13551(b) of the Coastal Commission Regulations,
Huntington Beach Local Coastal Program Amendment No. 18-001 will take effect automatically
upon Coastal Commission approval, as provided in Public Resources Code Sections 30512, 30513,
and 30519.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held on the 19 th day of November 2018"inoAt:t
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk
REVIEWED AND APPROVED:
City
EXHIBITS: A — E
18-6901/18600
Ujj1
0 sz�s
f4 City Attorney
INITIATED AND APPROVED:
)"s' P--FL—
Community Development Director
RGSPL 776V ND. -26 /9- (00
A�V.081T U If
ORDINANCE NO. 4089
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH AMENDING SECTION 203.06 OF THE HUNTINGTON BEACH ZONING
AND SUBDIVISION ORDINANCE TITLED DEFINITIONS
TO AMEND THE DEFINITION OF '`DIRECTOR"
(ZONING TEXT AMENDMENT NO. 16-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the
Huntington Beach Planning Commission and Huntington Beach City Council have held
separate, duly noticed public hearings to consider Zoning Text Amendment No. 16-001,
which amends Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinance
relating to the amended name of the "Department of Planning and Building" to the
"Department of Community Development" and the associated change of the department
head title from "Director of Planning and Building' to "Director of Community
Development".
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does
hereby ordain as follows:
SECTION 1. Section 203.06 of the Huntington Beach Zoning and Subdivision
Ordinance titled Definitions is hereby amended to amend the definition of"Director" to
read as follows:
Director. The Director of Community Development or his or her designee.
SECTION 2. This ordinance shall become effective immediately 30 days after its
adoption.
PASSED AND ADOPTED by the City Counc' of the City of Huntington Beach
at a regular meeting thereof held on the�day of 2016.
Mayo
INITIAI AN PPROVED:
City Clerk Dire to of Ummunity Development
REVIEW D APPROVED: APPROVED ORM:
City a er Cit Attorney
RLS 5/24/16/16-5265/137675/DO
Ord. No. 4089
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I. ROBIN ESTANISLAU, the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven: that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on September 6, 2016,and was again read to said City
Council at a Regular meeting thereof held on September 19,2016, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: Sullivan
ABSTAIN: None
1,Robin Estamslau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis ofthis ordinance has been published in
the Huntington Beach Wave on September 29,20 16. 4q4lou
In accord with the City Charter of said City eev���rrr
�- Robin Estanislau. City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4090
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTION 210.16 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TITLED RESIDENTIAL DISTRICTS
(ZONING TEXT AMENDMENT NO. 16-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 16-001, which amends Chapter
210 of the Huntington Beach Zoning and Subdivision Ordinance relating to the amended name of
the "Department of Planning and Building" to the "Department of Community Development"
and the associated change of the department head title from "Director of Planning and Building"
to "Director of Community Development".
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Section 210.16 of the Huntington Beach Zoning and Subdivision Ordinance
titled Residential Districts is hereby amended to read as follows:
210.16 Review of Plans
All applications for new construction and exterior alterations and additions shall be
submitted to the Community Development Department for review. Discretionary review
shall be required as follows:
A. Zoning Administrator Review. Projects requiring a conditional use permit from
the Zoning Administrator; projects on substandard lots; see Chapter 241.
B. Design Review Board. See Chapter 244.
C. Planning Commission. Projects requiring a conditional use permit from the
Planning Commission; see Chapter 241.
D. Projects in the Coastal Zone. A Coastal Development Permit is required unless
the project is exempt; see Chapter 245.
SECTION 2. This ordinance shall become effective immediately 30 days after its
adoption.
RLS 5/24/16/16-5265/137677/DO 1
ORDINANCE NO. 4090
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the /9 day ofs 016.
Ma
TESTINIT TED APPROVED:
4wdjleu)
City Clerk Dire or o ommunity Development
REVIEW D APPROVED: APPROVED O FOR
City n g r Ci Attorney
RLS 5/24/16/16-5265/137677/DO 2
Ord. No. 4090
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on September 6, 2016, and was again read to said City
Council at a Regular meeting thereof held on September 19,2016, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: Sullivan
ABSTAIN: None
1,Robin Estanislau,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 Wave on September 29,2016
In accorda a with the City Charter of said City.
� �_ Robin Estanislau, Citv Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4091
AN ORDINANCE OF T14E CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTION 211.04(Q) AND SECTION 211.08 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE TITLED C COMMERCIAL DISTRICT
(ZONING TEXT AMENDMENT NO. 16-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning "Text Amendment No. 16-001, which amends Chapter
211 of the Huntington Beach Zoning and Subdivision Ordinance relating to the amended name of
the "Department of Planning and Building" to the "Department of Community Development"
and the associated change of the department head title from "Director of Planning and Building"
to "Director of Community Development".
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Section 211.04(Q) of the Huntington Beach Zoning and Subdivision
Ordinance titled C Commercial District is hereby amended to read as follows:
(Q) Development of vacant land or additions of 10,000 square feet or more in floor
area; or additions equal to or greater than 50% of the existing building's floor area; or additions
to buildings on sites located within 300 feet of a residential zone or use for a permitted use
requires approval of a conditional use permit from the Zoning Administrator. The Community
Development Director may refer any proposed addition to the Zoning Administrator if the
proposed addition has the potential to impact residents or tenants in the vicinity (e.g., increased
noise, traffic).
SECTION 2. Section 211.04 of the Huntington Beach Zoning and Subdivision
Ordinance titled Commercial District is hereby amended to read as follows:
211.08 Review of Plans
All applications for new construction, initial establishment of use, exterior alterations and
additions shall be submitted to the Community Development Department for review.
Discretionary review shall be required as follows:
A. Zoning Administrator Review. Projects requiring a conditional use permit from
the Zoning Administrator; projects on substandard lots; see Chapter 241.
B. Design Review Board. See Chapter 244.
RLS 5/24/16/16-5265/137683/DO 1
ORDINANCE,NO. 4091
C. Planning Commission. Projects requiring a conditional use permit from the
Planning Commission; see Chapter 241.
D. Projects in the Coastal Zone. A Coastal Development Permit is required unless
the project is exempt; see Chapter 245.
SECTION 3. This ordinance shall become effective immediately 30 days after its
adoption.
PASSED AND ADOPTED by thQ City Council of the City of Huntington Beach at a
regular meeting thereof held on the / ay 0I5 *,W 16.
0-4 )&44
MaykA
EST: INITIAT N PPROVED:
City Clerk Directo of WiTimunity Development
REVIV APPROVED: APPROVED A FORM:
City a g r Ci Attorney
RLS 5/24/16/16-5265/137683/DO 2
Ord. No. 4091
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) Ss:
CITY OF HUNTINGTON BEACH )
1, ROBIN ESTANISLAU,the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on September 6, 2016,and was again read to said City
Council at a Regular meeting thereof held on September 19, 2016, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: Sullivan
ABSTAIN: None
I,Robin Fstanislau,CITY CLERK of the City of
I luntington 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
Wave on September 29,2016
In accordance with the City Charter of said City.
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
Senior Deputy Citv Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4092
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTIONS 212.04 L-1 1 C, 212.04 L-12(L), 212.04 L-12 (S) and 212.08 OF THE
HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED
I INDUSTRIAL DISTRICTS
(ZONING TEXT AMENDMENT NO. 16-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 16-001, which amends Chapter
212 of the Huntington Beach Zoning and Subdivision Ordinance relating to the amended name of
the "Department of Planning and Building" to the "Department of Community Development"
and the associated change of the department head title from "Director of Planning and Building"
to "Director of Community Development".
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Section 212.04 L-I I C of the Iluntington Beach Zoning and Subdivision
Ordinance titled I Industrial Districts is hereby amended to read as follows:
C. Prior to or concurrently with applying for a building permit and/or a
certificate of occupancy for the building, the applicant shall submit application for
Community Development Department staff review of a sex-oriented business
zoning permit with the drawing described in subsection A, a technical site plan,
floor plans and building elevations, and application fee. Within 10 days of
submittal, the director shall determine if the application is complete. If the
application is deemed incomplete, the applicant may resubmit a completed
application within 10 days. Within 30 days of receipt of a completed application,
the director shall determine if the application complies with the applicable
development and performance standards of the Huntington Beach Zoning and
Subdivision Ordinance. Said standards include but are not limited to the
following:
1. Chapter 203, Definitions; Chapter 212, Industrial Districts;
Chapter 230, Site Standards; Chapter 231, Off Street Parking and Loading
Provisions; Chapter 232, Landscape Improvements; and Chapter 236,
Nonconforming Uses and Structures.
2. Section 233.08(B), Signs. Signage shall conform to the standards
of the Huntington Beach Zoning and Subdivision Ordinance except
RLS 5/24/16/16-5265/137686 1
ORDINANCE NO. 4092
a. Such signs shall contain no suggestive or graphic language,
photographs, silhouettes, drawings, statues, monuments, sign
shapes or sign projections, or other graphic representations,
whether clothed or unclothed, including without limitation
representations that depict "specified anatomical areas" or
"specified sexual activities", and
b. Only the smallest of the signs permitted under Section
233.08(B) shall be visible from any major, primary or secondary
arterial street, such streets shall be those designated in the
circulation element of the General Plan adopted May 1996, with
the exception of Argosy Drive.
C. Compliance with Huntington Beach Municipal Code
Chapter 5.70.
SECTION 2. Section 212.04 L-12(L) of the Huntington Beach Zoning and Subdivision
Ordinance titled I Industrial Districts is hereby amended to read as follows:
(L) Development of vacant land and/or additions of 10,000 square feet or more in
floor area; or additions equal to or greater than 50% of the existing building's floor area;
or additions to buildings on sites located within 300 feet of a residential zone or use for a
permitted use requires approval of a conditional use permit from the Zoning
Administrator. The Community Development Director may refer any proposed addition
to the Zoning Administrator if the proposed addition has the potential to impact residents
or tenants in the vicinity(e.g., increased noise, traffic).
SECTION 3. Section 212.04 L-12(S) of the Huntington Beach Zoning and Subdivision
Ordinance titled I Industrial Districts is hereby amended to read as follows:
(S) Subject to approval by the Police Department, Public Works Department, and Fire
Department and the Community Development Director.
SECTION 4. Section 212.08 of the Huntington Beach Zoning and Subdivision
Ordinance titled I Industrial Districts is hereby amended to read as follows:
212.08 Review of Plans
All applications for new construction and exterior alterations and additions shall be
submitted to the Community Development Department for review. Discretionary review shall be
required as follows:
A. Zoning Administrator Review. Projects requiring a conditional use permit from
the Zoning Administrator; projects including a zero-side yard exception; projects on
substandard lots.
B. Design Review Board. See Chapter 244.
RLS 5/24/16/16-5265/137686 2
ORDINANCE NO. 4092
C. Planning Commission. Projects requiring a conditional use permit from the
Commission.
D. Projects in the Coastal Zone. A Coastal Development Permit is required unless
the project is exempt; see Chapter 245.
SECTION 5. This ordinance shall become effective immediately 30 days after its
adoption.
PASSED AND ADOPTED b tt e City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of 7kr;17 , 016.
Ma
INITI E AND APPROVED:
City Clerk Dir c-toi"oM4rrfmunity Development
REV D APPROVED: APPROVED AS �:
IE
City a a r 7'orney
RLS 5/24/16/16-5265/137686 3
Ord. No. 4092
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on September 6, 2016, and was again read to said City
Council at a Regular meeting thereof held on September 19, 2016, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: Sullivan
ABSTAIN: None
I,Robin Estanislau.CITY CLERK of the City of
Huntmaton 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
Wave on September 29,2016.
In accordance with the City Charter of said City. ;�,�r 11•I,�/ (Y/�/�[
Robin EstanislauRobin Estanislau.City Citv Clerk and ex-officio Clerk
Senior Deputy City Clerk Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4093
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTION 213.10 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TITLED OS OPEN SPACE DISTRICT
(ZONING TEXT AMENDMENT NO. 16-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 16-001, which amends Chapter
213 of the Huntington Beach 'Zoning and Subdivision Ordinance relating to the amended name of
the "Department of Planning and Building" to the "Department of Community Development"
and the associated change of the department head title from "Director of Planning and Building"
to"Director of Community Development".
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Section 213.10 of the Huntington Beach Zoning and Subdivision Ordinance
titled OS Open Space District is hereby amended to read as follows:
213.10 Review of Plans
All applications for new construction and exterior alterations and additions shall be submitted to the
Community Development Department for review. Discretionary review shall be required as follows:
A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning
Administrator; projects on substandard lots.
B. Design Review Board. See Chapter 244.
C. Planning Commission. Projects requiring a conditional use permit from the Commission.
D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the
project is exempt; see Chapter 245.
SECTION 2. This ordinance shall become effective immediately 30 days after its
adoption.
RLS 5/24/1616-5265/136891/DO 1
ORDINANCE NO. 4093
PASSED AND ADOPTED by ti}e City Council of the City of Huntington Beach at a
regular meeting thereof held on the/9*7day of r 6.
4404�44"
Mayor
AT,T.V ST: INITIAT A APP OVED:
(�� �&hw&Avd j t:,
City Clerk Di ec r of&mmunity Development
REVIE D APPROVED: APPROVED AS ORM:
City an g Cit ttorney
RLS 5/24/1616-5265/136891/DO 2
Ord. No. 4093
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-off cio 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 September 6,2016, and was again read to said City
Council at a Regular meeting thereof held on September 19,2016, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: Sullivan
ABSTAIN: None
I,Robin Estanulau.CITY CLERK of the City of
Huntineton Beach and ex-otficio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Wave on September 29;2016.
In acco ce wnh the City Charter of said City. [�
�`L Robin Estanislau, City Clerk City Clerk and ex-officio Clerk
i
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4094
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTIONS 218.02, 218.04(H) AND 218.12 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE TITLED
M MIXED USE-TRANSIT CENTER DISTRICT
(ZONING TEXT AMENDMENT NO. 16-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendinent No. 16-001, which amends Chapter
218 of the Huntington Beach Zoning and Subdivision Ordinance relating to the amended name of
the "Department of Planning and Building" to the "Department of Community Development"
and the associated change of the department head title from "Director of Planning and Building"
to "Director of Community Development".
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Section 218.02 of the Huntington Beach Zoning and Subdivision Ordinance
titled M Mixed Use-Transit Center District is hereby amended to read as follows:
218.02 Mixed Use-Transit Center District Established
The purpose of the Mixed Use-Transit Center District is to implement the General Plan Land
Use Plan mixed-use land use designation. This district provides areas for high density residential
and commercial uses within one-quarter mile of established transit centers as determined by the
Community Development Director. Transit centers, serving buses or other modes of
transportation, are facilities where passengers transfer from one route to another. This district
provides for pedestrian-friendly, transit oriented development in areas adjacent to existing transit
infrastructure.
SECTION 2. Section 218.04(H) of the Huntington Beach Zoning and Subdivision
Ordinance titled M Mixed Use-Transit Center District is hereby amended to read as follows:
(H) Development of vacant land or additions of 10,000 square feet or more in building
floor area; or additions equal to or greater than 50% of the existing building's floor area
requires approval of a conditional use permit from the Zoning Administrator. The
Community Development Director=may refer any proposed project to the Zoning
Administrator if the proposed project has the potential to impact residents or tenants in
the vicinity(e.g. increased noise, traffic).
SECTION 3. Section 218.12 of the Huntington Beach Zoning and Subdivision
Ordinance titled M Mixed Use-Transit Center District is hereby amended to read as follows:
RLS 5/24/16/16-5265/137694/DO 1
ORDINANCE NO. 4094
218.12 Review of Plans
All applications for new construction, initial establishment of use, exterior alterations and
additions shall be submitted to the Community Development Department-for review.
Discretionary review shall be required as follows:
A. Zoning Administrator Review. Projects requiring a conditional use permit from the
Zoning Administrator; projects on substandard lots; see Chapter 241.
B. Design Review Board. See Chapter 244.
C. Planning Commission. Projects requiring a conditional use permit from the Planning
Commission; see Chapter 241.
D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the
project is exempt; see Chapter 245.
SECTION 4. This ordinance shall become effective immediately 30 days after its
adoption.
PASSED AND ADOPTED b the City Council of the City of Huntington Beach at a
regular meeting thereof held on the/ L''day of,5�� +' 16.
May
ATT T: Q INITIAT A D APPROVED:
L6d¢ -
City Clerk Director of munity Development
REVY- E
D APPROVED: APPROVED AS ORM:
Cit a er City orney
RLS 5/24/16/16-5265/137694/DO 2
Ord. No. 4094
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on September 6, 2016, and was again read to said City
Council at a Regular meeting thereof held on September 19,2016, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: Sullivan
ABSTAIN: None
1,Robin Estanislau,CITY CLERK of the City of
Huntineton Beach and ex-officio Clerk of the City
Council,do hereby certiA,that a synopsis of this
ordinance has been published in the Huntington Beach
Wave on September 29,2016. 6/��/4k In accordance with the City Charter of said City.
�RobinEst.anislau,Ci Clerk City Clerk and ex-officio Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4095
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTION 222.1OD OF THE I-IUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TITLED FP FLOODPLAIN OVERLAY DISTRICT
(FP1, FP2, FP3)
(ZONING TEXT AMENDMENT NO. 16-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 16-001, which amends Chapter
222 of the Huntington Beach Zoning and Subdivision Ordinance relating to the amended name of
the '*Department of Planning and Building" to the "Department of Community Development"
and the associated change of the department head title from "Director of Planning and Building"
to "Director of Community Development".
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. That Section 222.101) of the Huntington Beach Zoning and Subdivision
Ordinance titled FP Floodplain Overlay District (FPI, FP2, FP3) is hereby amended to read as
follows:
D. Designation of Floodplain Administer. The Director of Community Development
is designated to administer, implement, and enforce this chapter by granting or denying
development permits in accord with its provisions.
SECTION 2. This ordinance shall become effective immediately 30 days after its
adoption.
PASSED AND ADOPTED by to City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of e 16.
May I Cr
40w INITI E PROVED:
City Clerk Dire or of Uomin6ity Development
REV ND APPROVED: APPRO O
Ciruger Ci Attorney
RLS 5/24/16/16-5265/137698/DO
Ord. No. 4095
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on September 6, 2016, and was again read to said City
Council at a Regular meeting thereof held on September 19, 2016, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: Sullivan
ABSTAIN: None
I,Robin Estanislau,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 ^
Wave on September 29.2016.
In acco with the City Charter of said City.
SRobin Estanislau, Citv Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4096
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTIONS 230.10D, 230.22D, 230.46A7, 230.46C10, 230.52J, 230.94, 230.96E1
OF THE, HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED
SITE STANDARDS
(ZONING TEXT AMENDMENT NO. 16-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 16-001, which amends Chapter
230 of the Huntington Beach Zoning and Subdivision Ordinance relating to the amended name of
the "Department of Planning and Building' to the "Department of Community Development"
and the associated change of the department head title from "Director of Planning and Building"
to"Director of Community Development".
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Section 230.1013 of the Huntington Beach "Zoning and Subdivision
Ordinance titled Site Standards is hereby amended to read as follows:
D.Covenant. A covenant with the ownership requirements shall be filed for recordation
with the County Recorder within 30 days of Community Development Department plan
check approval and issuance of building permits. Evidence of such filing shall be submitted
to the director within 30 days of approval.
SECTION 2. Section 230.22D of the Huntington Beach Zoning and Subdivision Ordinance
titled Site Standards is hereby amended to read as follows:
D.Public Notification Requirements.
1. Ten working days prior to submittal for plan check(plan review) the applicant
shall give notice of the application to adjacent property owners and the City of
Huntington Beach, Department of Community Development by first class mail. The
notice of application shall include the following:
a. Name of applicant;
b. Location of planned development, including street address (if known)
and/or lot and tract number:
C. Nature of the planned development, including maximum height and square
footage of each proposed infill dwelling unit;
d. The City Hall telephone number for the Department of Community
Development_to call for viewing plans;
RLS 5/24/16/16-5265/137702/DO l
ORDINANCE NO. 4096
e. The date by which any comments must be received in writing by the
Department of Community Development. This date shall be 10 working days
from plan check (plan review) submittal; and
f. The address of the Department of Community Development.
2. The applicant shall submit a copy of each notice mailed and proof of mailing of the
notice(s) when submitting the application for plan check(plan review). The adjacent property
owners shall have 10 working days from plan check(plan review) submittal to provide
comments regarding the application to the director. All decisions of the director regarding the
application shall be final.
SECTION '). Section 230.46A7 of the Huntington Beach Zoning and Subdivision
Ordinance titled Site Standards is hereby amended to read as follows:
7. Each SRO project shall be subject to annual review by the City which includes the
review of management services. The management services plan shall define third party
verification criteria. The SRO project owner shall be responsible for filing an annual
report to the Community Development Department_and Office of Business
Development, which includes the range of monthly rents, the monthly income of
residents, occupancy rates, and the number of vehicles owned by residents.
SECTION 4. Section 230.46C10 of the Huntington Beach Zoning and Subdivision
Ordinance titled Site Standards is hereby amended to read as follows:
10. All common indoor space areas shall have posted in a conspicuous location a
notice from the Department of Community Development_regarding contact procedures
to investigate housing code violations.
SECTION 5. Section 230.52J of the Huntington Beach Zoning and Subdivision
Ordinance titled Site Standards is hereby amended to read as follows:
J. A Safety and Security Plan shall be submitted to the Director of Community
Development for review and approval. The site-specific Safety and Security Plan shall
describe the following:
1. Both on- and off-site needs, including, but not limited to, the separation of
individual male and female sleeping areas,provisions of family sleeping areas, and
associated provisions of management.
2. Specific measures targeting the minimizing of client congregation in the vicinity
of the facility during hours that clients are not allowed on-site. Goals and objectives
are to be established to avoid disruption of adjacent and nearby uses.
3. Provisions of a system of management for daily admittance and discharge
procedures.
4. Any counseling programs are to be provided with referrals to outside assistance
agencies, and provide an arinual report on a facility's activity to the City.
5. Clients are to be appropriately screened for admittance eligibility.
RLS 5/24/16/16-5265/137702/DO 2
ORDINANCE NO. 4096
6. Refuse collections schedule to provide the timely removal of associated client
litter and debris on and within the vicinity of the facility.
SECTION 6. Section 230.94 of the Huntington Beach Zoning and Subdivision
Ordinance titled Site Standards is hereby amended to read as follows:
230.94 Carts and Kiosks
Carts and kiosks may be permitted on private property zoned for commercial purposes, subject to
approval by the Community Development Director and compliance with this section. Carts and
kiosks may be permitted as a temporary use on public property subject to specific event approval
pursuant to Chapter 5.68.
A.Location and Design Criteria. Cart and kiosk uses shall conform to the following:
1. No portion of a cart or kiosk shall overhang the property line.
2. The cart or kiosk shall not obstruct access to or occupy a parking space; obstruct
access to a parked vehicle, impede the delivery of materials to an adjoining property,
interfere with access to public property or any adjoining property, or interfere with
maintenance or use of street furniture. If any existing parking spaces will be displaced
or partially or totally blocked by the proposed cart or kiosk, those spaces must be
replaced on-site at a one-to-one (1:1) ratio.
3. The cart or kiosk shall not exceed a maximum of four feet in width excluding any
wheels, eight feet in length including any handle, and no more than six feet in height
excluding canopies, umbrellas or transparent enclosures unless a larger size is
approved.
4. A limit of one cart or kiosk shall be allowed for each commercial business that
meets the above locational and design criteria.
B.Factors to Consider. The following factors shall be considered regarding the location
and the design of cart or kiosk uses including:
1. Appropriateness of the cart or kiosk design,color scheme, and character of its
location;
2. Appropriateness and location of signing and graphics;
3. The width of the sidewalk or pedestrian accessway;
4. The proximity and location of building entrances;
5. Existing physical obstructions including, but not limited to signposts, light
standards, parking meters, benches, phone booths, newsstands, utilities and
landscaping;
6. Motor vehicle activity in the adjacent roadway including but not limited to bus
stops, truck loading zones, taxi stands, hotel zones, passenger loading or parking
spaces;
7. Pedestrian traffic volumes; and
8. Handicapped accessibility.
RLS 5/24/16/16-5265/137702/DO 3
ORDINANCE NO. 4096
C.Operating Requirements—Provisions and Conditions.
1. During hours of operation, the cart or kiosk must remain in the location specified
on the approved site plan.
2. A cart or kiosk operator shall not sell to or solicit from motorists or persons in
vehicles.
3. The cart or kiosk operator shall pay all fees and deposits required by the
Huntington Beach Municipal Code prior to the establishment of the use.
4. All provisions of the Huntington Beach Municipal Code which are not in conflict
with this section shall apply.
5. The prices of items sold from a cart or kiosk must appear in a prominent, visible
location in legible characters. The price list size and location shall be reviewed and
approved by the Community Development Director.
6. The sale of alcoholic beverages shall be prohibited.
7. The number of employees at a cart or kiosk shall be limited to a maximum of two
persons at any one time.
8. Fire extinguishers may be required at the discretion of the Fire Department.
9. All cart and kiosk uses shall be self contained for water, waste, and power to
operate.
10. A cart or kiosk operator shall provide a method approved by the Community
Development Director for disposal of business related wastes.
D.Parking. Additional parking may be required for cart or kiosk uses by the Community
Development Director.
E.Review; Revocation. The Department of Community Development shall conduct a
review of the cart or kiosk operation at the end of the first six-month period of operation. At
that time, if there has been a violation of the terms and conditions of this section or the
approval, the approval shall be considered for revocation.
F. Neighborhood Notification. Pursuant to Chapter 241.
SECTION 7. Section 230.96E1 of the Huntington Beach Zoning and Subdivision
Ordinance titled Site Standards is hereby amended to read as follows:
E.Process to Install and Operate Wireless Communication Facilities. No facility shall
be installed anywhere in the City without first securing either a wireless permit or a
conditional use permit as required below.
1. Wireless Permit Application. The applicant shall apply to the Community
Development Department for a wireless permit by submitting a completed wireless
permit application("application") and paying all required fees. The application shall be
in the form approved by the Director, and at a minimum shall provide the following
information:
a. Precise location of the facility.
b. Evidence that the facility is compatible with the surrounding environment
or that the facility is architecturally integrated into a structure.
RLS 5/24/16/16-5265/137702/DO 4
ORDINANCE NO. 4096
C. Evidence that the facility is screened or camouflaged by existing or
proposed topography, vegetation, buildings or other structures as measured from
beyond the boundaries of the site at eye level (six feet).
d. Evidence that the massing and location of the proposed facility are
consistent with surrounding structures and zoning districts.
e. Evidence that no portion of the facility will encroach over property lines.
f. Property owner authorization or evidence of fee ownership of property
where the facility will be installed. In the case of City-owned property or any
public right-of-way, the applicant shall provide a license, lease, franchise, or other
similar agreement from the City to place any facility over, within, on, or beneath
City property or right-of-way.
g. Locations of all other wireless antennas within 1,000 feet of a proposed
ground mounted facility. Co-location of ground mounted facilities shall be
required where feasible whenever such a facility is proposed within 1,000 feet of
any existing wireless antenna.
h. Any other relevant information as required by the Director of Community
Development,
The Community Development Department will initially review and determine if the
application is complete. The City may deem the application incomplete and require re-
submittal if any of the above information is not provided.
SECTION 8. This ordinance shall become effective immediately 30 days after its
adoption.
PASSED AND ADOPTED by the City C unciI of the City of Huntington Beach at a
regular meeting thereof held on the /l`7,'W day of 2016.
YA
My
INITI PROVED:
City Clerk Director o Community Development
4REV D APPROVED: APPR
Cit ana er ty Attorney
RLS 5/24/16/16-5265/137702/DO 5
Ord. No. 4096
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on September 6,2016, and was again read to said City
Council at a Regular meeting thereof held on September 19, 2016, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: Sullivan
ABSTAIN: None
1.Robin Estanislau,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
Wave on September 29,2016 A74t*u L/+�
In ace th the City Charter of said City.
Robin Estanislau, City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4097
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTION 233.04 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE, TILLED SIGNS
(ZONING TEXT AMENDMENT NO. 16-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 16-001, which amends Chapter
233 of the Huntington Beach Zoning and Subdivision Ordinance relating to the amended name of
the "Department of Planning and Building" to the "Department of Community Development"
and the associated change of the department head title from "Director of Planning and Building"
to"Director of Community Development'.
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Section 233.04 of the Huntington Beach Zoning and Subdivision Ordinance
titled Signs is hereby amended to read as follows:
233.04 Permits Required
Sign permits are required for all signs, unless expressly exempted under Section 233.08
or otherwise provided by this Code. A building permit application for a new sign or change in
sign panel/face shall be approved by the Planning Division prior to installation and issuance of a
building permit by the Building and Safety Division.
SECTION 2. This ordinance shall become effective immediately 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/l/4day of
May
ATTEST: INITIAT ND APPROVED:
City Clerk Direc"tdoed6iiiurifty Development
REVI ND APPROVED: APPROVED
Cit er Ci Attorney
RLS 5/24/16/16-5265/137703/DO
Ord. No. 4097
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
1, ROBIN ESTANISLAU, the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on September 6, 2016, and was again read to said City
Council at a Regular meeting thereof held on September 19, 2016, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: Sullivan
ABSTAIN: None
I,Robin Estanislau,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
Wave on September 29,2016.
Inacrotda� W,th the City Charter of said City.
Robin Estanislau City Clerk City Clerk and ex-officio Clerk
Senior Deputy Citv Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO, 4098
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTION 241.24 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TITLED CONDITIONAL USE PERMITS AND VARIANCES —
TEMPORARY USE PERMITS — WAIVER OF DEVELOPMENT STANDARDS
(ZONING TEXT AMENDMENT NO. 16-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning 'Text Amendment No. 16-001, which amends Chapter
241 of the Huntington Beach Zoning and Subdivision Ordinance relating to the amended name of
the "Department of Planning and Building" to the "Department of Community Development"
and the associated change of the department head title from "Director of Planning and Building"
to "Director of Community Development".
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented; the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. That Section 241.24 of the Huntington Beach Zoning and Subdivision
Ordinance titled Conditional Use Permits and Variances — Temporary Use Permits — Waiver of
Development Standards is hereby amended to read as follows:
241.24 Neighborhood Notification
When no entitlement is required and the use requires such notification as stated in the Zoning
and Subdivision Ordinance or Downtown Specific Plan, the review and approval process shall
include an Administrative Permit and notification to property owners and tenants within a 300-
foot radius of the subject property.
Notification requirements are as follows:
A. Notification. Ten working days prior to submittal for a building permit or certificate of
occupancy or approval for initial establishment of the use, the applicant shall notice
property owners and tenants by first class mail.
B. Notice of application shall include the following:
1. Name of applicant.
2. Location of planned development or use, including address(map is optional).
3. Complete description of the proposed development or use such that there is full
disclosure in the notice.
4. The Community Development Department phone number and address of City
Hall where plans may be reviewed.
5. The date by which any comments must be received in writing by the Community
Development Department and City appeal procedures.
RLS 5/24/16/16-5265/137704/DO 1
ORDINANCE NO. 4098
6. The Community Development Department shall receive entire list including name
and address of those receiving the mailing.
C. Notice of Action. The director's decision shall be made in writing with information
regarding the appeal process and sent to the applicant and the City Council on the next
business day and posted on the City's website.
D. Appeals. The director's decision may be appealed in accord with Chapter 248.
SECTION 2. This ordinance shall become effective immediately 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/91�6day of ,o-ke�,'' 16.
Mayo
TESTINITIAT PROVF_,D:
ant
City Clerk Direct e of Co a unity Development
REV APPROVED: APPROV
Cit ' a We r sty torney
RLS 5/24/16/16-5265/137704/DO 2
Ord. No. 4098
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on September 6, 2016, and was again read to said City
Council at a Regular meeting thereof held on September 19, 2016, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: Sullivan
ABSTAIN: None
1,Robin Estanislau,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
Wave on September 29,2016.
In accordance with the City Charter of said Citv. i' C'�►�/
Robin Estanislau. City City Clerk and ex-officio Clerk
Senior Deputy Citv Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4099
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTION 245.32 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TITLED COASTAL DEVELOPMENT PERMIT
(ZONING TEXT AMENDMENT NO. 16-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 16-001, which amends Chapter
245 of the Huntington Beach Zoning and Subdivision Ordinance relating to the amended name of
the "Department of Planning and Building" to the "Department of Community Development"
and the associated change of the department head title from "Director of Planning and Building"
to "Director of Community Development".
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Section 245.32 of the Huntington Beach Zoning and Subdivision Ordinance
titled Coastal Development Permit is hereby amended to read as follows:
245.32 Appeals
Development pursuant to an approved Coastal Development Permit shall not commence until all
applicable administrative appeal periods expire or, if appealed, until all administrative appeals,
including those to the Coastal Commission, have been exhausted.
A. Action by the Zoning Administrator or Planning Commission to approve, conditionally
approve, or deny any Coastal Development Permit may be appealed on or before the I Oth
working day following such action. Action by the Zoning Administrator may be appealed to
the Planning Commission. Action by the Planning Commission may be appealed to the City
Council. Appeals may be made directly to the Coastal Commission pursuant to Sections
13111 and 13573 of the California Code of Regulations for appealable development.
B. Action by the City Council on a Coastal Development Permit for appealable
development may be appealed directly to the Coastal Commission pursuant to Sections
13111 and 13573 of the California Code of Regulations.
C. An appeal pursuant to this chapter maybe filed only by the applicant for the Coastal
Development Permit in question, an aggrieved person, or any two members of the Coastal
Commission.
D. An appeal to the Planning Commission shall be filed with the Community
Development Department. An appeal to the City Council shall be filed with the City Clerk.
The appeal shall be accompanied by a fee set by resolution of the City Council and a
statement of the grounds for the appeal.
E. Notice of the local appeal shall be given as set forth in Section 245.20 or 245.22 and
shall be processed in accordance with the provisions of Section 248.20.
RLS 5/24/16/16-5265/137710/DO 1
ORDINANCE NO. 4099
F. An appeal to the Coastal Commission shall be processed in accordance with the
provisions of Sections 13110 through 13120 of the California Code of Regulations.
SECTION 2. This ordinance shall become effective immediately 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 /YeAday of Sc +•1 r, 2016.
M adfkw4fir"
TEST:Q- 1NITIA ,-D N APPROVED:
l�G?
City Clerk Dire r o ' ommunity Development
REVIF, E D APPROVED: APPROVED AS FORM:
City Fana er ity Ittorney
RLS 5/24/16/16-5265/137710/DO 2
Ord. No. 4099
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly appointed, qualified City Clerk of the
City of Huntington Beach; and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on September 6, 2016, and was again read to said City
Council at a Regular meeting thereof held on September 19,2016, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: Sullivan
ABSTAIN: None
1.Robin Estanislau.CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the Citv
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Wave on September 29,2016
In accordance with the Citv Charter of said City. 41
Robin Estanislau.Citv Clerk City Clerk and ex-officio Clerk
Senior Denury Citv Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4100
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTION 246.04 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCI-;TITLED DEVELOPMENT AGREEMENTS
(ZONING TEXT AMENDMENT NO. 16-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 16-001, which amends Chapter
246 of the Huntington Beach Zoning and Subdivision Ordinance relating to the amended name of
the "Department of Planning and Building" to the "Department of Community Development"
and the associated change of the department head title from "Director of Planning and Building"
to "Director of Community Development".
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Section 246.04 of the Huntington Beach Zoning and Subdivision Ordinance
titled Development Agreements is hereby amended to read as follows:
246.04 Application Requirements
A. An applicant may propose that the City consider entering into a development
agreement pursuant to Title 7, Chapter 4, Article 2.5 of the Government Code,
commencing with Section 65864, by filing an application with the Department of
Community Development. All agreement provisions are subject to modification or
suspension as set forth in Title 7, Chapter 4, Article 2.5, of the Government Code,
commencing with Section 65864.
B. The application shall be accompanied by the following:
1. A proposed agreement, which shall contain the following:
a. A legal description of the property sought to be covered by the agreement;
b. A statement of concurrence in the application by the owner if the applicant
is not the fee owner;
C. A description of the proposed uses, height and size of building(s), density
or intensity of use, and provision for reservation or dedication of land for public
purposes;
d. A statement of terms and conditions related to applicant financing of
public facilities and required improvements;
RLS 5/24/16/16-5265/137711/DO 1
ORDINANCE NO. 4100
C. All proposed conditions, terms, restrictions and requirements for
subsequent City discretionary actions;
f. A statement specifying which rights are intended to vest on the effective
date of the agreement, and the timing and sequence of subsequent discretionary
approvals and vesting of rights;
g. The proposed time when construction would be commenced and
completed for the entire project and any proposed phrases; and
h. The termination date for the agreement.
2. Such other information as the director may require by policy or to satisfy other
requirements of law.
3. The required fee.
SECTION 2. This ordinance shall become effective immediately 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 Z (1.,say of 2016.
M
INITIA D ND APPROVED:
City Clerk Dire or f ommunity Development
REVI D APPROVED: APPROVED F M:
City a a r C' Attorney
RLS 5/24/16/16-5265/13771 I/DO 2
Ord. No. 4100
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
1, ROBIN ES'FANISLAU, the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on September 6, 2016, and was again read to said City
Council at a Regular meeting thereof held on September 19, 2016, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: Sullivan
ABSTAIN: None
1,Robin Estanislau,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
Wave on September 29,2016
In accor with the City Charter of said City.
—_ F--Kobin Estanislau, City Clerk City Clerk and ex-officio Clerk
i
Senior Denutv Citv Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4101
AN ORDINANCE OF "THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTION 250.12 F OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TITLED GENERAL PROVISIONS
(ZONING TEXT AMENDMENT NO. 16-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning"Text Amendment No. 16-001, which amends Chapter
250 of the Huntington Beach Zoning and Subdivision Ordinance relating to the amended name of
the "Department of Planning and Building" to the "Department of Community Development"
and the associated change of the department head title from "Director of Planning and Building",
to "Director of Community Development".
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Section 250.12 F of the Huntington Beach Zoning and Subdivision
Ordinance titled General Provisions is hereby amended to read as follows:
F. Director. The director's responsibilities shall include the processing of tentative
maps and lot line adjustments.
1. Determinations of violations of the provisions of the Subdivision Map Act or this
title.
2. The management of the Department of Community Development in carrying out
the responsibilities imposed upon it by this title. When necessary to carry out the
director's responsibilities hereunder, the director may designate and authorize a
representative to act on his or her behalf.
3. Collection of park and recreation fees and fees associated with tentative maps.
SECTION 2. This ordinance shall become effective immediately 30 days after its
adoption.
RLS 5/24/16/16-5265/137713/DO 1
ORDINANCE NO. 4101
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day ofs /, 016.
Ma
-FEST- INITI E AND APPROVED:
A440n.) �&4wdjlej -
City Clerk Di ctor f Community Development
REVIE ,,,, U APPROVED: APPROVED A� OR
City a r Ci Attorney
US 5/24/16/16-5265/137713/DO 2
Ord. No. 4101
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on September 6, 2016, and was again read to said City
Council at a Regular meeting thereof held on September 19, 2016, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: Sullivan
ABSTAIN: None
I.Robin Estanislau,CITY CLERK of the City of
Huntington Beach and ex-ofticio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Wave on September 29,2016.
In accordance with the City Charter of said City. `/ �/•j�L{/ ��
Robin Estanislau City Clerk City Clerk and ex-officio Clerk
Senior Deputv Citv Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4102
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTION 257.08 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TITLED MERGERS
(ZONING TEXT AMENDMENT NO. 16-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 16-001, which amends Chapter
257 of the Huntington Beach Zoning and Subdivision Ordinance relating to the amended name of
the "Department of Planning and Building" to the "Department of Community Devcloprncnt"
and the associated change of the department head title from"Director of Planning and Building"
to "Director of Community Development".
After duc consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Section 257.08 of the Huntington Beach Zoning and Subdivision Ordinance
titled Mergers is hereby amended to read as follows:
257.08 Determination of Merger
A. If the director makes a determination that the parcels are to be merged, a Notice of
Merger shall be filed for record with the County Recorder by the director within 30 days
of the conclusion of the hearing, unless the decision has been appealed pursuant to
Section 257.10. The Notice of Merger shall specify the name of the record owner and a
description of the property.
B. If the director makes a determination that the parcels shall not be merged, a release of
the Notice of Intention to Determine Status shall be filed for record with the County
Recorder by the Community Development Department within 30 days after the director's
determination and a clearance letter shall be mailed to the owner by the director.
SECTION 2. This ordinance shall become effective immediately 30 days after its
adoption.
RLS 5/24/16/16-5265/137718/DO
ORDINANCE NO. 4102
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the/7M day of r, 0",
V 4 , - - I I U/,2.1'.
May r
TEST:Q INITIAT APPROVED:
7�Q
City Clerk Direc r o Community Development
REV IE D APPROVED: APPROVED A FORM:
r
Cit a er Cit ttorney
RLS 5/24/16/16-5265/1377 18/DO
Ord. No. 4102
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on September 6,2016, and was again read to said City
Council at a Regular meeting thereof held on September 19, 2016, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: Sullivan
ABSTAIN: None
I.Robin Estanislau,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 �q
Wave on September 29,2016.
In accordance with the City Charter of said City.
Robin Estanislau,City ClerkEstanislau,Ci Clerk City Clerk and ex-officio Clerk
Senior Depu�CityClerkClerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4103
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTION 214.10 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TITLED PS PUBLIC-SEMIPUBLIC DISTRICT
(ZONING TEXT AMENDMENT NO. 16-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 16-001, which amends Chapter
214 of the Huntington Beach Zoning and Subdivision Ordinance relating to the amended name of
the "Department of Planning and Building" to the "Department of Community Development"
and the associated change of the department head title from `'Director of Planning and Building"
to "Director of Community Development".
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Section 214.10 of the 1-1untington Beach Zoning and Subdivision Ordinance
titled PS Public-Semipublic District is hereby amended to read as follows:
214.10 Review of Plans
All applications for new construction and exterior alterations and additions shall be submitted to
the Community Development Department for review. Discretionary review shall be required for
projects requiring conditional use permits. Design Review shall be required for all projects
except temporary uses pursuant to Chapter 244. A Coastal Development Pen-nit is required for
projects in the Coastal Zone unless the project is exempt (see Chapter 245).
SECTION 2. This ordinance shall become effective immediately 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 day of,34 16.
May
ATTEST: 1NITIA ED APPROVED:
#tvC erk Dire r 'f Community Development
REVIE D APPROVED: APPROVED .
Cit n er Ci�q'Attorney
RLS 5/24/16/16-5265/137915/DO
Ord. No. 4103
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on September 6, 2016, and was again read to said City
Council at a Regular meeting thereof held on September 19, 2016, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: Sullivan
ABSTAIN: None
I,Robin Estanislau,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
Wave on September 29,2016. !/mod
In accor vCharterh the City Cher of said City.
Robin Estanislau, Qi1y Clerk City Clerk and ex-officio Clerk
Senior Deputy Citv Clerk of the City Council of the City
of Huntington Beach, California
RESoLU77L')AI AV0. �,20/9- &0
ORDINANCE NO. 4137
AN ORDINANCE OF THE CITY OF I-IUNTINGTON BEACH
AMENDING TITLE 20 OF THE ZONING AND SUBDIVISION ORDINANCE BY
AMENDING SECTION 204.18 AND ADDING SECTION 204.20 AND SECTION
204.22 TO THE HUNTINGTON BEACH ZONING AND SUBDIVISION
ORDINANCE TO PROHIBIT COMMERCIAL/RECREATIONAL SALES AND
DELIVERIES OF NON-MEDICAL MARIJUANA AS WELL AS ADOPT
REGULATIONS REGARDING NON-MEDICAL MARIJUANA CULTIVATION
WHEREAS, Proposition 64 authorizes cities to prohibit distribution/sale of non-
medical/recreational marijuana and cultivation of 6 or more marijuana plants as well
enacting reasonable regulations for the cultivation of six or fewer non-medical marijuana
plants that occurs inside a residence or accessory structure, including the complete
prohibition of outdoor cultivation of non-medical marijuana until such time as the
California Attorney General determines that the non-medical/recreational use of marijuana
is lawful in California under federal law; and
Proposition 64 authorizes the personal cultivation of up to six non-medical
marijuana plants in a private residence for non-medical purposes; and
The cultivation, distribution/sale of non-medical/recreational marijuana in other
cities has resulted in calls for service to the police department, including calls for robberies
and thefts, and is reasonable to assume that commercial/recreational non-medical
marijuana cultivation, distribution/sale will have similar impacts; and
The City Council desires to prohibit the commercial sale or distribution of non-
medical/recreational marijuana anywhere in the City as well as adopt regulations regarding
the indoor cultivation of six or fewer non-medical marijuana plants in private residences
and to prohibit all other forms of non-medical marijuana cultivation; and
NOW, THEREFORE, the City Council of the City of Huntington Beach does
hereby ordain as follows:
SECTION 1. Recitals Made Findin&s
The above recitals are hereby declared to be true and correct and findings of the
City Council of the City of Huntington Beach.
SECTION 2. Amendment to Zoning and Subdivision Ordinance
Section 204.18 of the Huntington Beach Zoning and Subdivision Ordinance Prohibit Uses
is hereby modified to Chapter 204 of the Huntington Beach Zoning and Subdivision
Ordinance to read as follows:
17-5917,E 161951/7/14hnv 1
ORDINANCE NO. 4137
204.18 Prohibited Uses—Medical Marijuana Businesses
D. Public Nuisance.
Any use or condition caused or permitted to exist in violation of any of the
provisions of this article is hereby declared a public nuisance and may be abated by
the City.
E. Enforcement.
1. Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision
Ordinance is a public nuisance and may be enforced pursuant to the provisions
of the Municipal Code including the Zoning and Subdivision Ordinance.
2. Nothing in this article in any way limits any other remedies that may be
available to the City, or any penalty that may be imposed by the City, for
violations of this article. Such additional remedies include, but are not limited
to, injunctive relief or administrative citations.
Section 204.20 of the Huntington Beach Zoning and Subdivision Ordinance Prohibited
Uses—Commercial Non-Medical Marijuana Businesses is hereby added to Chapter 204 of
the Huntington Beach Zoning and Subdivision Ordinance to read as follows:
204.20 Prohibited Uses—Commercial Non-Medical Marijuana Businesses and
Deliveries
A. Purpose. In order to expressly inform the public that any sale or distribution of
non-medical marijuana by Commercial Non-Medical Marijuana Businesses,
Collectives, Cooperatives or Dispensaries, etc.,however named is prohibited in the
City of Huntington Beach,the City is adding this express prohibition to the Zoning
and Subdivision Ordinance.
B. Definitions.Unless otherwise specifically defined herein, the definitions contained
within Adult Use of Marijuana Act shall apply to this Ordinance.
1. Commercial Non-Medical Marijuana Business, Collective, Cooperative or
Dispensary means any location, structure, facility, vehicle, business, store, co-
op, residence, or similar facility used, in full or in part, as a place at or in which
marijuana(including marijuana for recreational use) is sold, traded, exchanged,
bartered for in any way, made available, located, stored, displayed, placed or
cultivated, including any of the foregoing if used in connection with the sale or
distribution of non-medical marijuana.
2. Non-medical marijuana delivery means the commercial transfer of non-
medical marijuana or non-medical marijuana products to a person, including
any technology that enables persons to arrange for or facilitate the commercial
transfer of non-medical marijuana or non-medical marijuana products.
3. Non-medical marijuana products means non-medical marijuana that has
undergone a process whereby the plant material has been transformed into a
concentrate, including, but not limited to, concentrated cannabis, or an edible
17-5917/161951/7/14/mv 2
ORDINANCE NO. 4137
or topical product containing marijuana or concentrated cannabis and other
ingredients.
C. Commercial Non-Medical Marijuana Businesses, Collectives, Cooperatives or
Dispensaries. A Commercial Non-Medical Marijuana Business, Collective,
Cooperative or Dispensary or any other such business, no matter how so named, is
not a permitted use in any zoning district or specific plan in the City. It shall be
unlawful for any person or entity to own, manage, establish, conduct or operate a
Commercial Non-Medical Marijuana Business, Collective, Cooperative or
Dispensary. Also, it shall be unlawful for any person to permit to be established,
conducted, operated, owned or managed as a landlord, owner, employee,
contractor, agent or volunteer, or in any other manner or capacity, any Commercial
Non-Medical Marijuana Business, Collective, Cooperative or Dispensary in the
City.
D. Non-Medical Marijuana Deliveries. Delivery of non-medical marijuana is not a
permitted use in any zoning district or specific plan in the City. No permit or any
other applicable license or entitlement for use, nor any business license, shall be
approved or issued for the establishment, maintenance or operation of non-medical
marijuana deliveries.
E. Public Nuisance.
Any use or condition caused or permitted to exist in violation of any of the
provisions of this article is hereby declared a public nuisance and may be abated by
the City.
F. Enforcement.
1. Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision
Ordinance is a public nuisance and may be enforced pursuant to the provisions
of the Municipal Code including the Zoning and Subdivision Ordinance.
2. Nothing in this article in any way limits any other remedies that may be
available to the City, or any penalty that may be imposed by the City, for
violations of this article. Such additional remedies include, but are not limited
to, injunctive relief or administrative citations.
Section 204.22 of the Huntington Beach Zoning and Subdivision Ordinance Non-Medical
Marijuana Cultivation is hereby added to Chapter 204 of the Huntington Beach Zoning and
Subdivision Ordinance to read as follows:
204.22 Non-Medical Marijuana Cultivation
A. Purpose. The purpose and intent of this article is to regulate the cultivation of non-
medical marijuana in a manner that protects the health, safety and welfare of the
community. Health and Safety Code section 11362.2 authorizes the City to adopt
reasonable regulations regarding the cultivation of non-medical marijuana inside a
private residence or accessory structure to a private residence. That section also
17-5917/161951/7/14/rnv 3
ORDINANCE NO. 4137
authorizes the City to completely prohibit the cultivation of non-medical marijuana
outside, as long as the California Attorney General has not made a determination
that the non-medical use of marijuana is lawful in California under federal law. The
Attorney General has not made such a determination.
This article is not intended to interfere with the right of an individual 21 years of
age or older to possess or cultivate non-medical marijuana, as provided for by
Proposition 64. This article is not intended to give any person independent legal
authority to grow non-medical marijuana; it is intended simply to impose
reasonable regulations on the cultivation of non-medical marijuana when
cultivation is authorized by California law.
Furthermore, it is the purpose and intent of this amendment to require that non-
medical marijuana allowed to be cultivated pursuant to Proposition 64 only be done
so in appropriately secured, enclosed, and ventilated structures, so as not to be
visible to the general public; to provide for the health, safety and welfare of the
public; to prevent odor created by non-medical marijuana plants from impacting
adjacent properties; and to ensure that marijuana grown in the City remains secured.
B. Definitions. For the purposes of this article, the following definitions shall apply
unless the context clearly indicates otherwise. If a word is not defined in this article,
and not otherwise defined in state law, the common and ordinary meaning of the
word shall apply.
1. Cultivation means the planting, growing, harvesting, drying or processing of
marijuana plants or any part thereof.
2. Fully enclosed and secure structure means a space within a building that
complies with the applicable Building Code and Zoning and Subdivision
Ordinance, and has a complete roof enclosure supported by connecting walls
extending from the ground to the roof, a foundation slab or equivalent base to
which the floor is secured by bolts or similar attachments, is secure against
unauthorized entry, and is accessible only through one or more lockable doors.
Walls and roof must be constructed of solid materials that cannot be easily
broken through, and must be constructed with non-transparent material.
3. Indoors means inside a fully enclosed and secure structure or within a
residential structure.
4. Non-medical marijuana means marijuana that is intended to be used for non-
medical purposes pursuant to Health and Safety Code section 111362.1 et seq.
5. Non-medical marijuana cultivation means the planting, growing, harvesting,
drying or processing of non-medical marijuana plants or any part thereof
pursuant to Health and Safety Code section 11362.1 et seq., as those sections
may be amended from time to time.
6. Outdoors means any location within the City that is not within a fully enclosed
and secure structure.
7. Person means any individual, partnership, co-partnership, firm, association,
joint stock company, corporation, limited liability corporation, collective,
cooperative, or combination thereof in whatever form or character.
8. Private residence means a house, an apartment unit, a mobile home or other
similar dwelling.
17-5917/161951/7/l4/mv 4
ORDINANCE NO. 4137
C. Cultivation of non-medical marijuana. The following regulations shall apply to
the cultivation of non-medical marijuana within the City:
1. Cultivation not in compliance with this article. It is declared to be unlawful
and a public nuisance for any person owning, leasing, occupying or having
charge or possession of any parcel or premises within any zoning district or
specific plan in the City to cultivate non-medical marijuana except as provided
for in this Code. No person other than an individual 21 years of age or older
may engage in the cultivation of non-medical marijuana.
2. Outdoor cultivation. It is unlawful and a public nuisance for any person
owning, leasing, occupying, or having possession of any legal parcel or
premises within any zoning district or specific plan in the City to cause or allow
such parcel or premises to be used for the outdoor cultivation of non-medical
mari j uana.
3. Indoor cultivation. Indoor cultivation of non-medical marijuana is prohibited
in all zoning districts and specific plans of the City, except for residential zones,
mixed use zones, or in commercial zones, when such cultivation occurs on a
parcel or premises with an approved private residence. All cultivation must be
in compliance with this article and state law.
4. Indoor cultivation in private residence. The indoor cultivation of non-
medical marijuana in a residential zone, mixed use zone, or in a commercial
zone on a parcel or premises with an approved private residence, shall only be
conducted within a fully enclosed and secure structure or within a residential
structure. Such cultivation shall be in conformance with the following
minimum standards:
a. The primary use of the property shall be for a residence. Non-medical
marijuana cultivation is prohibited as a home occupation.
b. All areas used for cultivation of non-medical marijuana shalt comply with
the Huntington Beach Municipal Code including the Zoning and
Subdivision Ordinance, as well as applicable law.
c. Indoor grow lights shall not exceed 1,200 watts per light, and shall comply
with the California Building, Electrical and Fire Codes as adopted by the
City. Lights shall be located away from combustible materials and a
minimum of 30 inches from fire sprinklers.
d. The use of gas products (CO2, butane, propane, natural gas, etc.) or
generators for cultivation of non-medical marijuana is prohibited.
e. Any fully enclosed and secure structure or residential structure used for the
cultivation of non-medical marijuana must have a ventilation and filtration
system installed that shall prevent marijuana plant odors from exiting the
interior of the structure and that shall comply with the Huntington Beach
Municipal Code, including the Zoning and Subdivision Ordinance.
f. A fully enclosed and secure structure used for the cultivation of non-medical
marijuana shall be located in the rear yard area of the parcel or premises,
and must maintain a minimum ten-foot setback from any property line as
well as any other applicable development standards of the zoning district.
The yard where the fully enclosed and secure structure is maintained must
17-5917/161951/7/14/mv 5
ORDINANCE NO. 4137
be enclosed by a solid fence at least six feet in height. This provision shall
not apply to cultivation occurring in a garage.
g. Adequate mechanical locking or electronic security systems must be
installed as part of the fully enclosed and secure structure or the residential
structure prior to the commencement of cultivation.
h. Non-medical marijuana cultivation shall be limited to six marijuana plants
per private residence, regardless of whether the marijuana is cultivated
inside the residence or a fully enclosed and secure structure. The limit of
six plants per private residence shall apply regardless of how many
individuals reside at the private residence.
i. The residential structure shall remain at all times a residence,with legal and
functioning cooking, sleeping and sanitation facilities with proper ingress
and egress. These rooms shall not be used for non-medical marijuana
cultivation where such cultivation will prevent their primary use for cooking
of meals, sleeping and bathing.
j. Cultivation of non-medical marijuana shall only take place on impervious
surfaces.
k. From a public right-of-way, there shall be no exterior evidence of non-
medical marijuana cultivation occurring on the parcel.
1. Non-medical marijuana cultivation area, whether in a fully enclosed and
secure structure or inside a residential structure, shall not be accessible to
persons under 21 years of age.
in. Written consent of the property owner to cultivate non-medical marijuana
within the residential structure shall be obtained and shall be kept on the
premises, and available for inspection by the Chief of Police or his/her
designee.
n. A 2A:1OB:C portable fire extinguisher that complies with the regulations
and standards adopted by the state fire marshal and applicable law, shall be
kept in the fully enclosed and secure structure used for cultivation of non-
medical marijuana. If cultivation occurs in a residential structure, the
portable fire extinguisher shall be kept in the same room as where the
cultivation occurs.
D. Public Nuisance.
Any use or condition caused or permitted to exist in violation of any of the
provisions of this article is hereby declared a public nuisance and may be abated by
the City.
E. Enforcement.
1. Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision
Ordinance is a public nuisance and may be enforced pursuant to the provisions
of the Municipal Code including the Zoning and Subdivision Ordinance.
2. Nothing in this article in any way limits any other remedies that may be
available to the City, or any penalty that may be imposed by the City, for
violations of this article. Such additional remedies include, but are not limited
to, injunctive relief or administrative citations.
1 7-59 1 7/1 6 1 95 1/7/1 4/mv 6
ORDINANCE NO. 4137
SECTION 3: Scvcrability
If any section of this Ordinance is determined to be unenforceable, invalid, or
unlawful, such determination shall not affect the enforceability of the remaining provisions
of this Ordinance.
SECTION 4. CE A
This Ordinance is exempt from the California Environmental Quality Act pursuant
to City Council Resolution No. 4501, Class 20, which supplements the California
Environmental Quality Act.
SECTION 5. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the _day of S I6w �� J , 2017.
1
0
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk q1'/n JF- City Attorne� AV'
REVIEW 'D APPROVED: INITI'TED AND APPROVED:
/` zyw _
City anager Police Chief
17-5917/16195 l/7/14hnv 7
Ord. No. 4137
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU,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 August 21, 2017,and was again read to said City
Council at a Regular meeting thereof held on September 5, 2017, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: O'Connell, Semeta, Delgleize, Hardy, Brenden
NOES: None
ABSENT: Posey, Peterson
ABSTAIN: None
1,Robin Estanislau,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 Wave on September 14,2017. J/�n���__' ,•1 J l/O[
In accordance with the City Charter of said City. [. Y
hW4J1dU)—
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
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ORDINANCE NO. 4136
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE RELATING TO
WIRELESS COMMUNICATIONS FACILITIES
(ZONING TEXT AMENDMENT NO. 17-003)
WHEREAS, pursuant to the California State Planning and Zoning Law,the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 17-003, which amends Chapter
230 of the Huntington Beach Zoning and Subdivision Ordinance relating to wireless
communication facilities; and
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan;
NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Section 230.96 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
230.96 Wireless Communication Facilities
A. Purpose. This section of the Zoning Code is to protect public safety, general welfare,
and quality of life by regulating the location, height and physical characteristics and provide
for orderly and efficient placement of Wireless Communication Facilities in the City of
Huntington Beach.
Because of the potential negative aesthetic impacts of Wireless Communication Facilities,
including visual blight and diminution of property value, the City endeavors to locate
antennas within commercial, industrial and other non-resideritial zones, screen them from
view, and encourage co-location with other Wireless Communication Facilities. However,
the Federal Telecommunications Act, specifically 47 U.S.C. Section 332(c)(7), preempts
local zoning where a wireless Facility is necessary to remedy a significant gap in the
wireless provider's service. Consequently, where the City determines that the F,cility does
not satisfy City planning and zoning standards, the wireless provider may then choose to
establish Federal preemption because (i) a significant gap in wireless coverage exists, and
,ii) there is a lack of feasible alternative site locations. A myriad of factors are involved in
determining if a gap is significant, such as: whether the gap affects a commuter highway;
the nature ?nd chaeacter of the area and the number of potential users affected by the alleged
lack of service; whether the signal is weak or nonexistent and whether the gap affects a
commercial district. Consequently, the City will require scientific evidence from an expert
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ORDINANCE NO. 4136
in the field demonstrating the existence of a significant gap in service, and a lack of feasible
alternative sites. The applicant will be required to pay for the cost of said expert opinion.
B. Definitions. For the purpose of this section, the following definitions for the following
terms shall apply:
1. Accessory Structure. Any structure or equipment that is to be located ancillary to
an antenna or antennas in the establishment and operation of a Wireless
Communication Facility.
2. City Property. Property owned by the City of Huntington Beach, excluding any
public right-of-way.
3. Co-Location or Co-Located. The location or placement of multiple Wireless
Communication Facilities which are either owned or operated by more than one
service provider at a single location and mounted to a common supporting structure,
wall or building.
4. Completely Stealth. Any Wireless Communication Facility that has been designed
to completely screen all aspects of the Facility including appurtenances and equipment
from public view. Examples of completely stealth facilities may include, but are not
limited to, architecturally screened roof mounted antennas, fagade mounted antennas
treated as architectural elements to blend in with the existing building, church steeples,
fire towers, and flag poles and light standards of a typical diameter.
5. Data Collection Unit ("DCU"). A Wireless Communication Facility comprised of a
collection unit, a solar panel and whip antennas used for receiving and/or transmitting
wireless signals from distributed gas and water data collector meters, which is a stand-
alone Facility not connected via fiber optic or other physical wiring to any other
Facility. No Wireless Communication Facility operated by an electric corporation, a
telephone corporation, a personal wireless service provider, a commercial mobile
service provider or a mobile telephone service provider shall be considered a DCU.
Size: Solar panels not larger than seven square feet, whip antennas not longer than 40
inches, and collection units not larger than 1.5 cubic feet. DCUs shall be designed to
blend into the surrounding environment and minimize the visual appearance by
matching the color of the poles or buildings where the DCU is located.
6. Ground Mounted Facility. Any Wireless Antenna that is affixed to a pole, tower or
other freestanding structure that is specifically constructed for the purpose of
supporting an antenna.
7. Microwave Communication. The transmission or reception of radio communication
at frequencies of a microwave signal (generally, in the three GHz to 300 GHz
frequency spectrum).
8. Modified Facility. An existing Wireless Communication Facility where the
antennas and/or supporting structure are proposed to be altered in any way from their
existing condition, including like-for-like replacement but excluding co-location.
9. Pre-existing Wireless. Any Wireless Communication Facility for which a building
permit or conditional use permit has been properly issued prior to the effective date of
this section, including permitted Wireless Antennas that have not yet been constructed
so long as such approval is current and not expired.
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ORDINANCE NO. 4136
10. Public Right-of-Way. The area across, along, beneath, in, on, over, under, upon,
and within the dedicated public alleys, boulevards, courts, lanes, places, roads,
sidewalks, streets, ways, private streets with public access easements within the City's
boundaries, and City-owned properties, as they now exist or hereafter will exist.
11. Roof Mounted. Any Wireless Antenna directly attached or affixed to the roof of an
existing building, water tank, tower or structure other than a telecommunications
tower.
12. Small Cell Site. Equipment at a node/location that transmits and/or provides
connection to a mobile communication system. Visible equipment at a small cell site
shall be no larger than four cubic feet per location/site (excluding antennae) with a
maximum of two antennas per location/site and may be affixed to an existing pole
including a light standard. In addition, to qualify as a Small Cell Site, it must comply
with public works design standards.
13. Stealth Techniques. Any Wireless Communication Facility, including any
appurtenances and equipment, which is designed to blend into the surrounding
environment. Examples of stealth technique include, but are not limited to,
monopal ms/monopine s.
14. Utility Mounted. Any Wireless Antenna mounted to an existing aboveground
structure specifically designed and originally installed to support utilities, such as, but
not limited to, electrical power lines, cable television lines, telephone lines, non-
commercial wireless service antennas, radio antennas, street lighting but not traffic
signals, recreational facility lighting, or any other utility which meets the purpose and
intent of this definition.
15. Wall Mounted. Any Wireless Antenna mounted on any vertical or nearly vertical
surface of a building or other existing structure that is not specifically constructed for
the purpose of supporting an antenna (including the exterior walls of a building, an
existing parapet, the side of a water tank, the face of a church steeple, or the side of a
freestanding sign) such that the highest point of the antenna structure is at an elevation
equal to or lower than the highest point of the surface on which it is mounted.
16. Wireless Communication Facility or Facility or Wireless Antenna. Any antenna,
structure, or device any way named and any appurtenant facilities or equipment that
transmits electronic waves or is used for the transmission or receipt of waves or signals
that are used in connection with the provision of wireless communication service,
including, but not limited to, Small Cell Sites, digital, cellular and radio service.
C. Applicability. This section shall apply to all Wireless Communication Facilities which
are erected, located, placed or modified within the City of Huntington Beach.
D. Exceptions. Tne follcwing Wireless Communication Facilities shall be exempt from this
section.
1. Any Facility, which is subject to a previously approved and valid entitlement,
may be modified within the scope of the applicable permit without complying with
these regulations. However, modifications outside the scope of a valid entitlement or
any modification to an existing Facility that has not been approved or entitled is
subject to the requirements of the City's existing wireless ordinance.
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ORDINANCE NO. 4136
2. Any antenna structure that is one meter (39.37 inches) cr less in diameter that is
designed to receive direct broadcast satellite service, including direct-to-home satellite
service for television purposes, as defined by Section 207 of the Telecommunication
Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive
decisions thereof.
3. Any antenna structure that is two meters (78.74 inches) or less in diameter located
in commercial or industrial zones and is designed to transmit or receive radio
communication by satellite antenna.
4. Any antenna structure that is one meter (39.37 inches) or less in diameter or
diagonal measurement and is designed to receive multipoint distribution service,
provided that no part of the antenna structure extends more than five feet above the
principle building on the same lot.
5. Any antenna structure used by authorized amateur radio stations licensed by the
FCC.
6. Any data collection unit (DCU) on existing poles, or on any new poles within the
public right-of-way or on City property. DCUs shall comply with setback and height
requirements for the zone in which they are located. In addition, all DCUs must
comply with all City Municipal Code requirements, including, but not limited to,
Chapter 12.38 regarding encroachments and Chapter 17.64 regarding undergrounding
of utilities. DCUs shall be at least 500 feet from another DCU within the same
network.
E. Process to Install and Operate Wireless Communication Facilities. No Facility shall
be installed anywhere in the City without first securing either a wireless permit or a
conditional use permit as required below.
I. Wireless Permit Application. The applicant shall initially apply to the Community
Development Department or the Public Works Department for a wireless permit.
If the request is to install a Wireless Communication Facility on a City owned facility
including the public right-of-way, the applicant shall submit a completed wireless
permit application ("application") and pay all required fees to the Public Works
Department. All other wireless permit applications shall be submitted to the
Community Development Department. The application shall be in the form approved
by the Community Development Director or the Public Works Director, and at a
minimum shall provide the following information:
a. Precise location of the Facility.
b. Evidence that the Facility is compatible with the surrounding environment
or that the Facility is architecturally integrated into a structure.
C. Evidence that the Facility is screened or camouflaged by existing or
proposed topography, vegetation, buildings or other structures as measured from
beyond the boundaries of the site at eye level (six feet).
d. Evidence that the massing and location of the proposed Facility are
consistent with surrounding structures and zoning districts.
e. Evidence that no portion of the Facility will encroach over property lines.
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ORDINANCE NO. 4136
f. Property owner authorization or evidence of fee ownership of property
where the Facility will be installed. In the case of City-owned property or any
public right-of-way, the applicant shall provide a license, lease, franchise, or other
similar agreement from the City to place any Facility over, within, on, or beneath
City property or right-of-way.
g. Locations of all other Wireless Antennas within 1,000 feet of a proposed
ground mounted Facility. Co-location of ground mounted facilities shall be
required where feasible whenever such a Facility is proposed within 1,000 feet of
any existing Wireless Antenna.
h. Any other relevant information as required by the Director of Community
Development or the Director of Public Works.
The Community Development Department or Public Works Department will initially
review and determine if the application is complete. The City may deem the application
incomplete and require re-submittal if any of the above information is not provided.
2. Director Approval. Following submittal of a complete application, the City will
determine whether the Facility may be approved by the Community Development
Director or Public Works Director or whether a conditional use permit or other
entitlement is required. Wireless permit applications will be processed based upon the
location and type and size of antennas defined in herein. Although said classifications
are assigned at project intake, a re-evaluation of antenna classifications may occur at
any point in the process including at the time of review by the Director, Zoning
Administrator, Planning Commission or City Council.
A Facility not subject to any other discretionary approval may be administratively
approved by the Director by issuing a wireless permit if it is:
a. Co-located on an existing approved wireless Facility, does not exceed the
existing Wireless Facility heights, and employs stealth techniques such that the
co-located wireless Facility is compatible with surrounding buildings and land
uses; or
b. A modified Facility that complies with the base district height limit plus
up to an additional 10 feet of height as permitted in Section 230.72 and
compatible with surrounding buildings and land uses by incorporating stealth
techniques; or
C. A Facility that complies with the base district height limit plus up to an
additional 10 feet of height as permitted in Section 230.72, is completely stealth
and is not ground or utility mounted; or
d. A Small Cell Site.
The Director may require conditions of approval of the Wireless Communication
Facility in order to minimize adverse health, safety and welfare impacts (including
aesthetic impacts)to the community.
A decision of the Director to grant a wireless permit shall become final 10 days
following the date of the decision unless an appeal to the Planning Commission is filed
as provided in Chapter 248 of the Huntington Beach Zoning and Subdivision
Ordinance (HBZSO).
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ORDINANCE NO. 4136
The Director shall issue findings of approval that the Facility meets the above criteria
and is not a detriment to the health, safety and welfare of the community.
3. Zoning Administrator Approval. In the event the Director determines that the
applicant does not meet the requirements for Director approval of a wireless permit,
then the applicant must apply for a conditional use permit (CUP) to the Zoning
Administrator pursuant to Chapter 241 of the HBZSO.
Notwithstanding any other provisions of the HBZSO, any new ground or utility
mounted wireless facilities shall be required to obtain a CUP.
The Zoning Administrator may require as a condition of approval that the applicant
minimize adverse impacts to the community including aesthetic visual impacts by
incorporating one or more of the following into project design and construction:
a. Completely stealth installations;
b. Stealth techniques;
C. Co-location and locating facilities within existing building envelopes,
d. Colorization or landscaping to minimize visual prominence; and/or
e. Removal or replacement of facilities that are obsolete.
Further conditions of approval of a CUP may be imposed as provided in Chapter 241
of the HBZSO. The Zoning Administrator's decision may be appealed to the Planning
Commission in accordance with Chapter 248 of the HBZSO.
4. Design Review. Design review shall be required for any Wireless Communication
Facilities pursuant to the HBZSO. In addition, Wireless Communication Facilities
located on public rights-of-way and on or within 300 feet of a residential district or use
in the City shall be required to obtain design review approval.
Notwithstanding any other provisions of the HBZSO, design review is not required for
wireless communication facilities(including Small Cell Sites)that may be approved by
the Director pursuant to Subsection E.2 (Director Approval) above and have all
appurtenant facilities and equipment located underground or within an existing
building or existing enclosure.
F. Applicant May Assert Federal Preemption at Time of Appeal to Planning
Commission.
1. If the decision on the wireless permit or conditional use permit is appealed(either
by applicant or an aggrieved party) to the Planning Commission, the applicant may
assert that Federal law preempts the City from denying the application because denial
would effectively prohibit wireless service. The applicant shall pay a Denial of
Effective Service appeal fee in an amount to be established by City Council resolution,
which amount shall be the estimated cost for the City to retain an independent,
qualified consultant to evaluate any technical aspect of a proposed Wireless
Communication Facility, including, but not limited to, issues involving whether a
significant gap in coverage exists. A Denial of Effective Service appeal must be
submitted prior to the expiration of the appeal period for a wireless permit or
conditional use permit.
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ORDINANCE NO. 4136
2. The Director shall establish the form of the Denial of Effective Service appeal. At
a minimum, the applicant shall provide the following information as part of the appeal:
In order to prevail in establishing a significant gap in coverage claim the applicant
shall establish at minimum the following based upon substantial evidence:
a. Evidence demonstrating the existence and nature of a significant gap in
service in the vicinity of the proposed Facility, including, but not limited to,
whether the gap pertains to residential in-building, commercial in-building
coverage, in-vehicle coverage, and/or outdoor coverage.
b. Evidence demonstrating that the applicant has pursued other feasible sites
for locating the Facility, but that they are unavailable on commercially practicable
terms.
C. Evidence demonstrating the radio frequency signal strength transmission
requirements and objectives that the applicant has established for the Southern
California region, and for the City of Huntington Beach.
d. Radio frequency propagation maps demonstrating actual transmission
levels in the vicinity of the proposed Facility site, and any alternative sites
considered.
e. Radio frequency drive tests demonstrating actual transmission levels in the
vicinity of the proposed Facility site, and any alternative sites considered.
f. Reports regarding the applicant's monthly volume of mobile telephone
calls completed, not completed, dropped, handed-off, not handed-off, originated
and not originated for the signal area to be covered by the proposed Facility.
g. Any proprietary information disclosed to the City or the consultant is
deemed not to be a public record, and shall remain confidential and not be
disclosed to any third party without the express consent of the applicant, unless
otherwise required by law. In the event the applicant does not provide this
information, the City may conclusively presume that no Denial of Effective
Service exists.
All of the information noted above shall be submitted to the City within 30 days of the
filing of the Denial of Effective Service appeal unless an extension is granted by the
Director.
3. The Denial of Effective Service appeal shall be considered concurrently with the
wireless permit or CUP appeal hearing before the Planning Commission. Prior to the
scheduling of the public hearing on the wireless permit cr CUP appeal, the City
Attorney shall be authorized to issue administrative subpoenas to compel production of
such documents, testimony and other evidence relevant to the applicant's Denial of
Effective Service claims.
G. Wireless Communication Facility Standards. The following standards shall apply to
all Wireless Communication Facilities:
1. Screening. All screening used in conjunction with a wall or roof mounted
Wireless Antenna shall be compatible with the architecture of the building or other
structure to which it is mountea, including color, texture and materials. All ground or
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ORDINANCE NO. 4136
utility mounted facilities shall be designed to blend into the surrounding environment,
or architecturally integrated into a building or other concealing structure.
2. Equipment/Accessory Structures. All equipment associated with the operation of
the Wireless Antenna, including but not limited to transmission cables, shall be
screened in a manner that complies with the development standards of the zoning
district in which such equipment is located and Section 230.76. Screening materials
and support structures housing equipment shall be architecturally compatible with
surrounding structures by duplicating materials and design in a manner as practical as
possible. Chain link fencing and barbed wire are prohibited.
3. General Provisions. All Wireless Communication Facilities shall comply with the
Huntington Beach Urban Design Guidelines.
4. Building Codes. To ensure the structural integrity of Wireless Communication
Facilities, the owners of a Facility shall ensure that it is maintained in compliance with
standards contained in applicable state or local building codes and the applicable
standards for facilities that are published by the Electronic Industries Association, as
amended from time to time.
5. Co-Location. Co-location of ground mounted facilities shall be required where
feasible whenever such a Facility is proposed within 1,000 feet of any existing
Wireless Antenna.
6. Federal and State Requirements. All Wireless Communication Facilities must
meet or exceed current federal and state laws, standards and regulations of the FCC,
and any other agency of the federal or state government with the authority to regulate
Wireless Communication Facilities.
7. Interference. To eliminate interference, at all times, other than during the 24-hour
cure period, the applicant shall comply with all FCC standards and regulations
regarding interference and the assignment of the use of the radio frequency spectrum.
The applicant shall not prevent the City of Huntington Beach or the countywide system
from having adequate spectrum capacity on the City's 800 MHz voice and data radio
frequency systems. The applicant shall cease operation of any Wireless Antenna
causing interference with the City's facilities immediately upon the expiration of the
24-hour cure period until the cause of the interference is eliminated.
8. Lighting. All outside lighting shall be directed to prevent "spillage" onto adjacent
properties, unless required by the FAA or other applicable authority, and shall be
shown on the site plan and elevations.
9. Maintenance. All facilities and appurtenant equipmer-t including landscaping shall
be maintained to remain consistent with the original appearance of the Wireless
Antenna. Ground mounted facilities shall be covered with anti-graffiti coating.
10. Monitoring. The applicant shall provide a copy of the lease agreement between
the property owner and the applicant prior to the issuance of a building permit.
11. Signs. The Wireless Antenna shall not bear any signs or advertising devices other
than owner identification, certification, warning, or other required seals of signage.
12. Landscaping. Landscape planting, irrigation and hardscape improvements may be
imposed depending on the location, the projected vehicular traffic, the impact on
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ORDINANCE NO. 4136
existing facilities and landscape areas, and the visibility of the proposed Wireless
Antenna. Submittal of complete landscape and architectural plans for review and
approval by the Directors of Public Works and Planning and Building Departments
may be required.
13. Utility Aareement. If the proposed Facility will require electrical power or any
other utility services to the site, the applicant will be required to furnish the City's Real
Estate Services Manager either a drafted utility franchise agreement between the City
of Huntington Beach and the applicant to place those lines in the public right-of-way,
or a written statement from the utility company that will be supplying the power or
other services, that they accept all responsibility for those lines in the public right-of-
way.
H. Facilities in the Public Right-of-Way and City Owned Facilities. Any Wireless
Communication Facility to be placed over, within, on or beneath the public right-of-way
including on/within City owned facilities shall comply with all City Municipal Code
requirements, including, but not limited to, the Zoning and Subdivision Ordinance section
230.96 (above); Chapter 12.38 regarding encroachments; and Chapter 17.64 regarding
undergrounding of utilities. All Facilities proposed to be located on City owned
property/facilities (including those located in the public right-of-way) must also execute a
License Agreement with the City.
I. Facility Removal. Wireless Communication Facilities affecting the public view and/or
located in areas designated Water Recreation, Conservation, Parks and Shoreline, and
Public Rights-of-Way shall be removed in its entirety within six months of termination of
use and the site restored to its natural state.
J. Cessation of Operation.
1. Abandonment. Within 30 calendar days of cessation of operations of any Wireless
Communication Facility approved under this section, the operator shall notify the
Director in writing. The Wireless Antenna shall be deemed abandoned pursuant to the
following sections unless:
a. The City has determined that the operator has resumed operation of the
Wireless Communication Facility within six months of the notice; or
b. -The City has received written notification of a transfer of the Wireless
Communication Facility.
2. City Initiated Abandonment. A Wireless Antenna that is inoperative or unused for
a period of six continuous months shall be deemed abandoned. Written notice of the
City's determination of abandonment shall be provided to the operator of the Wireless
Antenna and the owner(s) of the premises upon which the antenna is located. Such
notice may be delivered in person, or mailed to the address(es) stated on the permit
application, and shall be deemed abandoned at the time delivered or placed in the mail.
3. Removal of Abandoned Wireless Antenna. The operator of the Wireless Antenna
and the owner(s) of the property on which it is located, shall within 30 calendar days
after notice of abandonment is given either (1) remove the Wireless Antenna in its
entirety and restore the premises, or (2) provide the Director with written objection to
the City's determination of abandonment.
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ORDINANCE NO. 4136
a. Any such objection shall include evidence that the Wireless Antenna was
in use during the relevant six-month period and that it is presently operational.
The Director shall review all evidence, determine whether or not the Facility was
properly deemed abandoned, and provide the operator notice of its determination.
b. At any time after 31 calendar days following the notice of abandonment,
or immediately following a notice of determination by the Director, if applicable,
the City may remove the abandoned Wireless Antenna and/or repair any and all
damage to the premises as necessary to be in compliance with applicable codes.
The City may, but shall not be required to, store the removed antenna (or any part
thereof). The owner of the premises upon which the abandoned antenna was
located, and all prior operators of the antenna, shall be jointly liable for the entire
cost of such removal, repair, restoration and/or storage, and shall remit payment
to the City promptly after demand thereof is made. The City may, in lieu of
storing the removed Wireless Antenna, convert it to the City's use, sell it, or
dispose of it in any manner deemed appropriate by the City.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 21 day of August , 2017.
_ea
ayor
ATTEST: APPROVED AS TO FORM:
, ._
City Clerk ?V�,V City;:Attorney
REVIEW APPROVED: INITIATE I''A #m�iunity
CVED:
ity Manager Director oldC Development
17-5579/160660/mv/7/6/17 2:35 p.m. 10
Ord. No. 4136
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 August 7,2017,and was again read to said City
Council at a Regular meeting thereof held on August 21, 2017, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
1,Robin Fstanislau;CITY CLERK of the City of Huntington
Beach and ex-officio Clerk ofthe City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on August 31,2017. 4qiftu e&4va"
In accordance with the City Charter of said City.
Robin Estanislau,Ci . Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
le,L:SOL(T70/V t/0. 4201$-CEO
ORDINANCE NO. 4131
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 201 OF THE HUNTINGTON BEACH ZONING
AND SUBDIVISION ORDINANCE RELATING TO THE PURPOSE OF
THE ZONING AND SUBDIVISION ORDINANCE
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 201.06 of the Huntington Beach Zoning and Subdivision.
Ordinance is hereby amended to read as follows:
201.06 Purpose
The purpose of the zoning and subdivision ordinance is to implement the policies of the City of
Huntington Beach General Plan, and without limiting the Huntington Beach Charter authority
regarding local control of land use, as provided in the California Government Code, Title 7,
Division 1, Planning and Zoning, and Division 2, Subdivisions, and in the California
Constitution, Chapter 11, Section 7. The purpose of the Local Coastal Program Implementation
Plan is to implement the policies of the City of Huntington Beach certified Land Use Plan
(Coastal Element) and the public access and recreation policies of the Coastal Act. It is further
adopted for the purpose of promoting and protecting the public health, safety, and general
welfare of Huntington Beach residents and to provide the physical, economic and social
advantages which result from a comprehensive and orderly planned use of land resources. This
zoning and subdivision ordinance is not intended to authorize, and shall not be construed as
authorizing the City of Huntington Beach to exercise its power in a manner which will take or
damage private property for public use. This zoning ordinance is not intended to increase or
decrease the rights of any owner of property under the constitution of the State of California or
the United States.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the ccity Council of the City of Huntington Beach at a
regular meeting thereof held on the o2In day of /') , 20 /$.
m
Mayor
ATTEST: Q APPROVED A ORM:
7�
City Clerk City Attorney
REVIEW A D APPROVED: ITIATED AND APPROVED:
Cify Manager jDirectc,dof Community Development
17-6155/170350/mv
Ord. No. 4131
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU,the duly elected,qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on March 19,2018, and was again read to said City
Council at a Regular meeting thereof held on April 2,2018, and was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council.
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,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 Wave on April 12;2018.
In accordance with the City Charter of said City. T
Robin EstanislauXi1yClerk City Clerk and ex-officio Clerk
/RcuioyDeputy City Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4132
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 203 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE RELATING TO
CODE RELATING TO DEFINITIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 203.06 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
203.06 Definitions
Specific Plan. A plan for a defined geographic area that is consistent with the General Plan.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council oft e City of Huntington Beach at a
regular meeting thereof held on the)nn day of Q/�j , 20P .
Mayor
ATTEST: Q APPROVED AS TO RM:
!�
4W4�
Ci y Clerk ty Attorney My
REVIEW D ,,APPROVED: I IATED AND APPROVED:
it"y Manager UDirecto'r of Community Development
17-6155/170353/mv
Ord. No. 4132
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected,qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on March 19,2018, and was again read to said City
Council at a Regular meeting thereof held on April 2,2018, and was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council.
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSENT: None
ABSTAIN: None
1.Robin>stanislau,CITY CLERK of the City of I luntington
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 Wave on April 12,2018.
In accordance with the City Charter of said City. Y"i1
Robin Estanislau City Clerk City Clerk and ex-officio Clerk
for Deputy City Clerk of the City Council of the City
of Huntington Beach, California
® •
ORDINANCE NO. 4133
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 215 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE RELATING TO THE
SPECIFIC PLAN DISTRICT ESTABLISHED
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 215.02 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
215.02 Specific Plan District Established
The SP Specific Plan District is established by this chapter. This district provides areas for the
development and administration of specific plans, prepared in accord with the City of Huntington
Beach Charter,consistent with the General Plan and, for specific plans located within the coastal
zone, the Local Coastal Program.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the e2A'O— day of , 20 /$.
Mayor
ATTEST: Q e APPROVED AS T
h&U&xa
City Clerk 7,ty Attorney KV
REVIEWE - D PPROVED: INSD AND APPROVED:
Gvi Manager UDirector of Community Development
17-6155/170355/mv
Ord. No. 4133
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU,the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on March 19,2018, and was again read to said City
Council at a Regular meeting thereof held on April 2,2018, and was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council.
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSENT: None
ABSTAIN: None
1,Robin Estanislau,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 Reach Wave on April 12,2018.
In accordance with the City Charter of said City. L6
Robin Estanislau City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4144
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 215 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE RELATING TO STATUS OF SPECIFIC PLAN
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 215.14 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
215.14 Status of Specific Plan
A specific plan adopted by resolution of the City Council shall be administered as prescribed by
the Council, and adopted pursuant to the City of Huntington Beach Charter authority. A specific
plan shall not become effective unless a Local Coastal Program amendment is effectively
certified by the California Coastal Commission.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by th City Council of th City of Huntington Beach at a
regular meeting thereof held on the a day of , 20j.
Mayor
ATTEST: APPROVED AS T
Q w474dj�
Ci y Clerk ��ity Attorney MN(
REVIE"APPROVED: I ITIATED AND APPROVED:
CityrManager U Director of Community Development
17-6155/170360lmv
Ord. No. 4144
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven;that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on March 19,2018, and was again read to said City
Council at a Regular meeting thereof held on April 2, 2018, and was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council.
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSENT: None
ABSTAIN: None
1,Robin F.stanislau,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 Wave on April 12,2018.
In accordance with the City Charter of said City_
Robin Estanislau City Clerk City Clerk and ex-officio Clerk
or Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4145
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 222 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE RELATING TO STATUTORY AUTHORIZATION
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 222.01 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
222.01 Statutory Authorization
The Constitution of the State of California has conferred upon local governments the authority to
adopt regulations designed to promote the public health, safety, and general welfare of its
citizenry. Consistent with this authority,the City of Huntington Beach does hereby adopt this
chapter to implement the City's floodplain management regulations.
SECTION 2. 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 d nday of r/ 2011.
Mayor
ATTEST: Q APPROVED AS TO
loai� 7�?hwA,
Cary Clerk ty Attorney
REVIEWE AN APPROVED: INI IATED AND APPROVED:
tyr1VIE'nager U Directer)of Community Development
17-6155/170364/mv
Ord. No. 4145
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU,the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on March 19,2018, and was again read to said City
Council at a Regular meeting thereof held on April 2,2018, and was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council.
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK ofthe 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 Wave on April 12,2018.
AiOVU
In accordance with the City Charter of said City
Robin Estanislau Qi1y Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk: of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4146
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 230.14 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE RELATING TO
AFFORDABLE HOUSING DENSITY BONUS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 230.14 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
230.14 Affordable Housing Density Bonus
H. Procedure.
1. In addition to submitting all documentation required to apply for a Conditional Use
Permit, a developer requesting a density bonus pursuant to this section shall include the
following in the written narrative supporting the application:
a. A general description of the proposed project, General Plan designation,applicable
zoning, maximum possible density permitted under the current zoning and General Plan
designation and such other information as is necessary and sufficient. The property must
be zoned and general planned to allow a minimum of five units to qualify for a density
bonus.
b. A statement detailing the number of density bonus units being proposed over and
above the number of units normally permitted by the applicable zoning and General Plan
designations.
C. A description of the requested incentive or concessions that the developer requests.
d. A calculation of the density bonus allowed.
2. All subsequent City review of and action on the applicant's proposal for a density bonus
and/or consideration of any requested incentives or concessions shall occur in a manner
concurrent with the processing of the Conditional Use Permit and any other required
entitlements, if any. If the developer proposes that the project not be subject to impact fees or
other fees regularly imposed on a development of the same type, final approval will be by the
City Council.
3. The Planning Commission/City Council shall review the subject Affordability Agreement
concurrently with the development proposal.No project shall be deemed approved until the
affordability agreement has been approved by the City Council.
4. The Planning Commission/City Council may place reasonable conditions on the granting
of the density bonus and any other incentives as proposed by the applicant; however,such
conditions must not have the effect, individually or cumulatively, of violating applicable State
law.
17-6155/170366/mv
ORDINANCE NO. 4146
5. A monitoring fee,as established by resolution of the City Council, shall be paid by the
applicant to the City prior to issuance of a certificate of occupancy for the first unit. This fee
shall be in addition to any other fees required for the processing of the Conditional Use Permit;
environmental analysis, and/or any other entitlements required.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the o�day of 20_L2.
0
Mayor
ATTEST: Q APPROVED AS TO
k40L"' 7�¢
City Clerk it Attorney MV0
REVIEIr PPROVED: INIT TED AND APPROVED:
Ci
ty Manager UDirectoJ of Community Development
1 7-6 1 55/1 70366/my
Ord. No. 4146
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU,the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on March 19,2018, and was again read to said City
Council at a Regular meeting thereof held on April 2,2018, and was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council.
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-ol7icio Clerk of the City Council,do hereby
ccrtify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on April 12,2018
In accordance with the City Charter of said City.
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
ioLLWpu�City Clerk of the City Council of the City
of Huntington Beach, California
/WS0(L77o/v A10. .20P9- &o
,EXHi81T
ORDINANCE NO. 4156
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 213 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TITLED OS OPEN SPACE DISTRICT
(ZONING TEXT AMENDMENT NO. 18-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 18-001, which amends Chapter
213 of the I luntington Beach Zoning and Subdivision Ordinance to establish a conditional use
permit process to permit the sales, service, and consumption of beer and wine within the OS-PR
zoning district; and
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. That Chapter 213 of the Huntington Beach Zoning and Subdivision
Ordinance titled Definitions is hereby amended to read as set forth in Exhibit A.
SECTION 2. All other provisions of Chapter 213 not modified herein shall remain in full
force and effect.
SECTION 3. This Ordinance shall become effective immediately 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 215t day of Nny 20AA
Mayor
ATTEST: o APPROVED FORM:
1 LV _
City Clerk y Attorney
REVIEW APPROVED: INITIAATTED" AND APPROVED:
City er DirecWr of CdvAmunity Development
Exhibit A: Legislative Draft
I8-6322/175172/mv
J
Ord.Alo. ylSlo 4Q(k7 ' ))'i-A`
LEGISLATIVE DRAFT o3,3onota
OS District Land Use Controls
P=Permitted
L=Limited(we Additional Provisions)
PC=Conditional use permit approved by Planning Commission
ZA=Conditional use permit approved by/oning Administrator
TU-Temporary Use Permit
P/U=Requires conditional use permit on site of conditional use
-=Not Pemitted
OS-PR OS-S OS-WR Additional Provisions
Public and Semipublic (F)
Marinas - PC
Park& Recreation Facilities PC PC -
Public Safety Facilities PC
Utilities. Major - -
Utilities. Minor LA - ZA
Commercial Uses (F)
Animal Sales and Services
Equestrian Centers PC - (E)
Commercial Recreation and PC
Entertainment
Communication Facilities L4
Eating& Drinking Establishments L 1 1"I
With Alcohol ZA L-5
With Take-Out Service. Limited L 1 1"3 -
Vehicle'Equipment Sales and Services
Commercial Parking Facility L'_ L'_
Accessory Uses (A)(D)
Accessory uses and Structures P'U Pal. P'U
Temporary Uses (B)
Animal Shows TU -
Circuses and Camivals TU -
Commercial Filming TU TU TU
OrX,Alb. 415to"EX hi hitA
LEGISLATIVE DRAFT omwom
(Nonconforming Uses I I I I(C)
OS District: Additional Provisions
L-1 Allowed with a conditional use permit approval by the Zoning Administrator only as an
ancillary use that is compatible with and part of a park or recreational facility.Only in the coastal
zone overlay district,in public parks in both the Parks and Recreation and the Shoreline Subdistricts,
only the following type of eating and drinking establishment shall be permitted:takeout service
establishments where patrons order and pay for their food at a counter or window before it is
consumed and may either pick up or be served such food at a table or take it off-site for
consumption;and persons are not served in vehicles.
L-2 Public parking is permitted,but commercial parking facilities on City-owned land require a
conditional use permit approval by the Planning Commission. Recreational vehicle overnight
parking is limited to 10%of available public parking.No encroachment onto sandy beach area shall
be permitted.
L-3 Beach concession stands for sale of refreshments and sundries(not to exceed 2,500 square
feet)must be located a minimum 1,000 feet apart. Beach concession structures shall be located
within or immediately adjacent to paved parking or access areas.
L-4 Only wireless communication facilities permitted subject to Section 230.96, Wireless
Communication Facilities.
L-5 Eating and drinking establishments with full table service,with or without outdoor dining,
located in Central Park may provide on-site sales,service and consumption of beer and wine upon
obtaining a Conditional Use Permit approved by the Zoning Administrator. Public or private golf
courses with or without outdoor dining,may provide the on-site sales,service and consumption of
alcohol upon obtaining a Conditional Use Permit approved by the Zoning Administrator.
(A) Limited to facilities incidental to an open space use.
(B) See Section 241.22,Temporary Use Permits.
(C) See Chapter 236,Nonconforming Uses and Structures.
(D) Private cantilevered decks abutting residential uses;private boat ramps,slips,docks,
windscreen and boat hoists in conjunction with adjacent single family dwellings. See Residential
Districts and Chapter 17.24.
(E) See Section 230.48,Equestrian Centers.
(F) The permitted uses for recreation areas on the Huntington Beach mesa shall be limited to low-
intensity uses including picnic grounds,arboretums,bird sanctuaries,trails. High-intensity uses such
as tennis courts,athletic fields,stables,campgrounds or other commercial or recreation uses shall be
conditional only,and shall be located in nodes adjacent to existing developed areas or roads and
shall avoid adverse impacts on environmentally sensitive habitats.(3334-6/97.3568-9/02)
Ord. No. 4156
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU,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 May 7,2018, and was again read to said City Council
at a Regular meeting thereof held on May 21,2018,and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: O'Connell, Posey, Delgleize,Hardy, Brenden
NOES: None
ABSENT: None
ABSTAIN: Semeta, Peterson
[,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and exofficio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on May 31,2019.
In accordance with the City Charter of said City.
Robin Estanisidu.Citv Clerk City Clerk and ex-officio Clerk
for�e u ity Clerk of the City Council of the City
of Huntington Beach, California
Res. No. 2018-60
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on November 19, 2018 by the following vote:
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSENT: None
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California